Pressures are Exerted On the Witnesses

After March 1 events the most clamorous criminal case has been the so-called "Case of seven", where 7 people; Suren Sirunyan, Shant Harutyunyan, Grigor Voskerchyan, Aleksander Arzumanyan, Sasun Miqayelyan, Myasnik Malkhasyan, Hakob Hakobyan were convicted for attempts to change constitutional order by violence, and organization of mass disorder accompanied by murder.

During the trial of April 1, 2009, which became the last session of the "case of seven" the prosecutors announced that taking into consideration that during the court trial of March 18, 2009 RA National Assembly made amendments to Articles 225, and 300 of RA Criminal Code on the basis of RA Law "On amendments and restatements to the Criminal Code of the Republic of Armenia", the prosecutors decided to stop criminal persecution on the basis of RA Criminal Code 1 section of Article 300, and to amend the charges brought under 3-rd part of Article 225 of RA Criminal Code and bring new charges. On May 13, 2009 Shant Harutyunyan was released as the case against him was terminated because he was found to be in a state of insanity at the time of the crime.

As a result of the next phase of judicial reforms and amendments to RA Criminal Code the "Case of seven" was separated into 6 different parts, but public attention was not decreased. Mass media hasn't missed any trial session as before, analyses and estimations about these cases were not decreased both from opposition and authorities' sides. At the beginning of April when the cases were tried in different courts and it was the time for witness questioning a row of real sensations started which is not stopped up to now. Many witnesses were giving obvious false testimonies against the accused. For instance, Samvel Gasparyan stated in the court that he had seen Levon Ter-Petrosyan giving speech at Myasnikyan monument near Yerevan Mayor's office on March 1. Another witness stated several times that the police had arrived to the Republic Square on March 1 at 7 o'clock. Witness Hrachik Atoyan from Tavush did not understand "support" word in Armenian, but he had given a literate pre-trial testimony, and in the court he announced that local policemen had brought him to court.

Both the court and the prosecutor's office didn't pay any attention to these apparent contradictions, and most part of the other witnesses were stating in the court that their pre-trial testimonies had nothing to do with the reality, the policemen or staff of prosecutor's office had taken the testimonies through violence, beating, and other methods and means alien to the investigation. For instance, witness of Sasun Miqayelyan's case Yasha Melqonyan stated "I have written false things during my pre-trial. I apologize for that. I was in a very bad situation. They were telling me write down, I was writing. I wanted them just to leave me, so that I would leave and take a bed. I was dying of pains. Lots of things were dictated by the investigators".
This witness stated that he had been beaten in the police station of Hrazdan city by people in masks with the supervision of Sergey Markosyan, head of criminal department. In the court witnesses Gagik Avdalyan, Edik Khachatryan, Arsen Mkrtchyan, Khachik Davtyan, 18 year old Gevorg Muradyan also made statements that they had been beaten in the pre-trial period. Muradyan, besides giving a testimony that he had been beaten stated in the court that for sure other people had also been beaten at police station as he had heard "Oh my god, what are you doing, don't beat" and such type of shouting from the next room.

Gevorg Muradyan has a heart illness and when he told the police about it one of the policemen said "let's beat him in such a way, not to be the cause of his death". After making statement in the court about the happened incident Gevorg Muradyan noted "I know for sure that I won't be well. I will be taken to the police station again".

After these statements the most widespread estimation was "cases of political prisoners are facing collapse". State institutions presented an opposite point of view based on the above mentioned contradicting testimonies. A real information war started between Armenian National Congress and the Prosecutor's Office. But this was only the beginning. The most sorrowful thing for the witnesses was yet to come. The law enforcement bodies concerned with the statements made in the court about torture, beating and violence in the pre-trial period haven't managed to come around, when the same witnesses in the same courts stated that police and the prosecutor's office are following them trying to reach them to make them deny their statements about beating, torture, and violence. According to witnesses, representatives of law enforcement bodies have started to make visits to the houses of beaten witnesses and have threatened and exerted pressure on them so that they confirm the testimony given and signed by their name in the pre-trial period. Myasnik Malkhasyan's case witness Hmayak Galstyan denying his pre-trial testimony said that it had been taken by beating and torture. Then he was notified to go to Aparan police station, where he was demanded to give the testimony provided in pre-trial period. The policemen have presented such demand-threatening to Serob Serobyan, Tatul Karapetyan. An attempt was made to threaten also witnesses Romik Shahinyan and Henrik Hartenyan, but they were not at home.

Henrik Hartinyan, resident of Ashtarak city, and witness of Myasnik Malkhasyan's case on May 19 at trial stated that on March 2, 2008, when he came to Yerevan with his friend, their car was stopped, people in masks have put a gun on Henri Hartinyan's head and made him get out from the car, then they started to beat him, as a result Artinyan got fractures. Then he was taken to the 6th department of RA police station where he was made to state testimony, the content of which was dictated, He was threatened being told that if he wanted to stay alive, he should do it. After that he was thrown from the building, he was nearly unconscious for several hours, and then he came around and went home. On March 3, 2008 Henrik Artinyan went to doctor, but the doctor refused to take X-ray, and agreed only when Henrik Artinyan said that he had fallen down from the tree. According to medical record his rib was broken. When giving testimony in the court Hartinyan stated that he withdrew his pre-trial testimony. The judge applied to the prosecutor demanding to take this information as a crime report and take corresponding steps. Such type of statement was made by M. Malkhasyan's case witness Hmayak Galstyan, resident of Aragats village, Aparan region, who stated in the court on May 20 that he was brought on March 1 at night, when he was going home with Myasnik Malkhasyan from Yerkrapah office. He was beaten severely, after different physical and psychological pressures he was made to write down certain testimony. Several people in masks were also present during questioning. Hmayak Galstyan withdrew his pre-trial testimony in the court, denying that Myasnik Malkhasyan kept metal stick in his hand, that the demonstrators were under the influence of alcohol and drugs, and that Malkhasyan had made calls to get arms and overthrow the authorities. Hmayak Galstyan had also applied to the prosecutor's office informing them about violence against him, he was questioned concerning this issue but guilty people were not found and brought to justice. Another witness of Myasnik Malkhasyan's case, Gagik Avdalyan was brought to Mashtots police station violently from Kentron and Norq-Marash court building on May 20. He was offered to confirm his pre-trial testimony in the court and to say that no violence was used against him, and in return they offered him to release his imprisoned brother.

A number of witnesses have given testimony supporting the defendants. For example, according to the testimony given in the court by the prior deputy commander of police military Arthur Khachatryan, H. Hakobyan had prevented the conflict between demonstrators and policemen. By the way people giving testimony supporting the defendants in the court haven't been called as witnesses to the court, and among the called witnesses there are many policemen.

A number of organizations and people have condemned beating of the witnesses. Criminal cases were brought before the court on the basis of Article 341 of RA Criminal Code: forcing testimony by the judge, by the prosecutor, by the investigator or by the person in charge of inquiry, by the instruction of RA chief prosecutor.
But bringing the case before the court hasn't changed anything, pressures on the witnesses were continuing. Moreover, the bodies that according to the witnesses have beaten and tortured them must investigate these criminal cases.