On June 6, the Court of General Jurisdiction of Erebuni and Nubarashen administrative districts (Yerevan) rejected life-term prisoner Manuk Semerjyan's complaint against the administrative commission of the Nubarashen penitentiary. The complaint was against the decision of the commission to postpone the discussion of the issue of Semerjyan's parole for another year.

Manuk Semerjyan, convict of the RA Ministry of Justice Nubarashen penitentiary, was found guilty by the verdict of the RA Supreme Court panel of judges on criminal cases of 12.03.1993 in the murder of 4 people (the murder occurred in Ukraine). He was sentenced to death with confiscation of all personal property. Later death penalty was replaced with life sentence. Semerjyan claims that he killed only two people and assumed the responsibility for the other two murders to serve the punishment in Armenia.  

Before presenting his complaint, by March 10, 2011, Manuk Semerjyan had served 20 years, 1 month and 8 days in prison. 20 years is the term after which life prisoners can use their right of parole if they had served the last five years without disciplinary penalties.

When the grounds for rejecting Manuk Semerjyan's parole were presented in the court, Garik Tigranyan, representative of the administrative commission, mentioned that Semerjyan had an inclination for escape and had not paid compensation to the aggrieved party.       

"I consider it necessary to mention that there is no writ of execution in Semerjyan's personal case, i.e. the aggrieved party - Nazan Sahak Hayrapetyan, did not apply for the compensation of the damage inflicted. Hence, even if that clause of law held true for Semerjyan, it is not applicable for the lack of demand", Narine Rshtuny, Semerjyan's attorney said in the court.     

Besides, the sum was mentioned in the Russian roubles of that time, which in today's currency makes 56 drams.

It is not clear for attorney Rshtuny on what grounds the commission came to the conclusion that Semerjyan has an inclination for escape. The report says nothing about the grounds of the statement that Semerjyan has inclination for escape.

When the judge asked the penitentiary representatives what the reason was, they said it was the grave crime he committed 20 years ago.     

In the court Semerjyan, who never attempted to escape in the past 20 years, asked penitentiary representatives if psychologists have ever talked to him and how have they found out that he is inclined to escape. Penitentiary representatives had no concrete answer.  

Alexan Muradyan, prosecutor of the Department of Control over Lawfulness of Application of Punishments and other means of Enforcement of the RA Prosecutor General's Office, says the problem is not the reluctance to release Semerjyan, but the fact that Armenia has no precedent of paroling a life sentenced prisoner, and, naturally, employees of the penitentiary too need time.

"And you write a complaint immediately after the 20 year term has passed", the prosecutor says indignantly.

Despite the verdict, Lusine Semerjyan, Manuk Semerjyan's sister, cherishes a hope that her brother will be released. Meeting her brother twice a year, for a day, she has understood that he has deeply regretted for what he did.  

"I am convinced that after being paroled, non-lifers behave worse and because of that again appear behind the bars. As for the life sentenced prisoners, if released, they will appreciate their freedom," thinks Semerjyan's sister.

At 22, before conviction, Semerjyan was a shoemaker. His sister is convinced that he can again find a job and support her as well.    

All life sentenced prisoners follow Semerjyan's case with hope.

Narine Rshtuny, Manuk Semerjyan's attorney, has appealed the decision of the Court of General Jurisdiction of Erebuni and Nubarashen administrative districts at the Court of Appeal. 

Karine Ionesyan

Source - www.hra.am