The judge Gayane Karakhanyan decided not to eliminate decision of the investigator. Thereby, the fact of torture occurred at the Vagharshapat police department is not investigated properly.

On July 15th, 2012 the Court of General Jurisdiction of Kentron and Nork-Marash administrative districts (with the presiding judge G. Karakhanyan) rejected Arman Sahakyan’s suit demanding elimination of the decision made on 13.01.2012 on “Rejecting the proceedings of the criminal case” by the investigator of cases of particular importance of the RA Special Investigation Service (SIS).

Arman Sahakyan insisted that on October 22nd of 2012 at the Vagharshapat Police Station physical and psychological violence was applied towards him and his family members and they were forced to give false testimony.

His lawyer Garik Malkhasyan has already lodged the complaint with the Court of Appeal requesting to overturn the decisions of the Court of General Jurisdiction and the Special Investigation Service, to proceed a criminal case on torture allegation and carry out a thorough investigation .

Arman Sahakyan, resident of Armavir region, Artashen village, born in 1982, is charged for failing to report surely known crime of robbery committed on July 8th, 2012 at around 00:30-01-00. A criminal case was instituted against him based on the Article 335.1 of the RA Criminal Code (failure to report crime). The mentioned case now is currently examined by the Court of General Jurisdiciton of Armavir region (with the presiding judge V. Khalatyan). The upcoming court session is appointed for July 25th.

Background of the case

On July 22nd , 2010 at 10:00 am Arman Sahakyan was brought (according to the materials of the criminal case he was summoned) to Vagharshapat Police station on suspicion of committing robbery. According to the lawyer, Sahakyan’s mother Elmira Sahakyan and 17-year old sister Hayastan Sahakyan were brought to the Police station and this fact was not recorded. Later Sahakyan’s wife Meri Tsaturyan was also brought to the Police station with her two children: 2-year old boy and 40-day old daughter.

Later, Arman Sahakyan’s friend Arthur Shahbazyan was brought to the police station on suspicion of participating in the robbery. According to the case materials, he suggested Arman Sahakyan to take part in the robbery but Arman refused to do so. However, he failed to report to the Police about the planned crime, which is criminally punishable.

The defense lawyers were able to present sufficient evidence to the court, proving that Arthur Shahbazyan was somewhere else at the time when the crime was committed thus could not participate in crime commitment. .

There are no facts proving Arman Sahakayan’s connection to the committed crime. The only evidence is the testimony of Arman and his family members which is allegedly was given under the physical and psychological duress.

Later they have reported to the law enforcement bodies that the testimony given on October 22nd does not comply with the realty. Nevertheless, no criminal case has been instituted on torture allegation.

Violations at the police station

Lawyer Garik Malkhasyan tells that after being taken to the police station in the morning of October 22 Arman Sahakyan and his family members were kept in separate rooms. His wife with the baby were kept in the surrounding of male police officers and she was not able to feed her 40-day old daughter during the hours. Arman’s underage sister was also kept separately.

According to the lawyer, the Police operative staff members were posing questions regarding the information on the robbery and the suggestion to participate. The family members all answered that they didn’t know anything about it and there was no suggestion to participate.

“During that period of time violence was applied towards Arman Sahakyan. They were beating him and his wife and sister heard his screaming in the next room . They were threatened by the police and were told to “tell everything, you know well” “what has happened, you won’t leave this place and we’ll close Arman for 10 years ”. “The investigators kept them at the police station for hours until 10-11 pm,” told Garik Marlkhasyan.

Under these threats Sahakyan’s mother, wife and sister gave the testimonies which police officers required in order to stop them torturing Arman. They told in the testimony that Arman’s friend came to their place and suggested Arman to participate in the robbery. His sister Hayastan Sahakyan heard that and told their mother. Arman’s mother interfered the conversation and told not to involve her son in the crime. Arman didn’t agree to participate but he knew for sure that there was planned a robbery.

Arman Sahakyan continued denying that he had any connection with the committed crime. The same day during confrontation he told that his relatives lied and such conversation was not conducted at their place.

Late in the night Sahakyan’s mother Elmira Sahakyan who had health problems fainted at the police station.

According to the defense lawyer, after his mother’s fainting Arman Sahakyan asked the police officers to let his family to go home. “I’ll tell everything is needed,” he said and wrote the testimony dictated by the police.

“All the records of the interrogation are done by the investigator. The relatives were set free only after they had written the testimonies and signed them. During that period of time they were deprived of the right to free movement, they did not eat, drink water and were allowed to use toilette with restriction and only accompanied by the police officers,” tells the defense lawyer.

In the result of one- day investigative actions Arman Sahakyan was charged based on the Article 335.1(Failure to report crime ) of the RA Criminal Code and was arrested the same day. .

According to the defense lawyer no serious investigation has been carried out on torture allegations

On October 25th at 9:00 pm Arman Sahakyan was released from the police station. . Later, on October 28th, he has submitted a report to the RA Prosecutor General, to the RA Chief of Police and to the Head of the Internal Security Service where he informed that they were exposed to the physical and psychological violence and ill-treatment and were forced to give false testimony. The Internal Security Service carries out the internal investigation. Only Arman Sahakyan, the staff members of Vagharshapat Police station and the pedagogue who was present during the interrogation of Arman’s underage sister gave the explanations.

The police officers insist there was no violence. The Head of the Police station who’s name is appearing among those who beat Arman Sahakyan, presented a written reference that from October 18 to 26 he was at Jermuk resort with his wife.

“No forensic expertise was assigned to check the fact of Arman's beating, whereas the expertise should have been carried out immediately after the submission of the report on torture.” says Garik Malkhasyan.

On June 27, 2011 the Internal Security senior inspector M. Nahapetyan decided to suspend the internal investigation and return to the report upon the completion of the preliminary investigation.

The fact of torture has been disregarded during the judicial proceedings as well

Upon the submission of the case to the court examination Arman Sahakyan and his family again testified about the ill-treatment they were subjected at the police station. The defense lawyer has put a motion on the proper checking of the information on torture.

The court has submitted a communication to the Prosecutor's Office and then the communication has been sent to the Special Investigation Service (SIS). In January 2011 the Senior investigator of particular importance of the SIS A. Yeremyan has prepared the materials for the case. On January 13, 2012 it was made a decision about rejection to proceed a criminal for the reason of absence of the crime.

Arman Sahakyan gave a testimony at the SIS and told in details what happened at the police station on October 22.

“This was qualified as a mean to abscond the liability. In the conclusion the investigator wrote that Arman Sahakyan has submitted the report on torture to achieve a qualification of his testimony as inadmissible evidence. Thus he and his friends will be exempt from the criminal liability. This is a usual wording used by the investigator”, comments the defense lawyer.

SIS investigator has also decided that for the purpose of exemption from the criminal liability Arman Sahakyan committed a false crime reporting and motioned to charge Sahakyan with false crime reporting.

The Investigation division of Ashtarak regional police department rejected the motion on proceeding a criminal case with the argumentation that the fact that the crime of violence was not confirmed does not mean there was no violence and Arman Sahakyan is committing false reporting.

Discrepancies and breaches in the case

While being brought to the police and during the arrest neither Arman Sahakyan not his family members had access to lawyer.

According to defense lawyer Gagik Malkhasyan, Sahakyan and his family members were not explained their rights and responsibilities while the law obliges to do so during the apprehension and custody.

“In the normal family where there are no conflicts or hostility, if the police officer explained that according to the Article 22 no one shall be obliged to testify about his/her spouse or close relative what do you think , would a sister or a wife gave such testimony?”, poses rhetorical question the defense lawyer

Upon the release Sahakyan has visited a medical facility. The X-ray photography shoes a serious injury of a spine. According to the doctor, such spine injury may be caused only by a strong blow. However during the investigation neither a doctor nor those who saw the signs of injury and accompanied Arman Sahakyan to the doctor gave explanations.

Sahakyan's 17 year-old sister was interrogated in presence of a pedagogue who according to the case materials is a teacher at the school number 21 after Al. Shirvanzade. The defense lawyer sent an inquiry and received the official response from the school director where it is indicated that teacher Vladimir Hayrinyan never worked in their school. This fact was presented to the court but no reference or assessment was made on this matter.

According to Gagik Malkhasyan, another question is that the participation of the Head of Vagharshapat police station Gevorg Khachatryan to the beating of Arman Sahakyan was neither confirmed nor denied. Although director of “Jermuk” resort confirmed in written that Gevorg Khachatryan stayed at the resort with his wife from 18 to 26 of October 2011 but he cannot be sure whether Gevorg Khachatryan was in Jermuk, left the place or stayed there.

“Gevorg Khachatryan wrote in his explanation that he was on phone contact with the employees. They should have taken the printout of mobile and see whether he was in Jermuk or Vagharshapat but it was not done”, says the lawyer.

There is also contradiction in the report of medical examination. SIS presented a report of Arman Sahakyan's medical examination carried out during the arrest where no injuries are identified. The document is signed by Arman Sahakyan as well.

The defense lawyer insists that Arman's signature was obviously falsified. Asrman Sahakyan says he was not examined during the arrest and no any report was drawn up.

«They also confirmed this fact. According to the written report requested by the court on January 25, 2012 Arman Sahakyan was not examined while he was brought to the detention facility (the place for holding arrestees). The report presented by the SIS was not sent to the court. Otherwise we would motion for the handwriting expertise to be assigned because the signature in the report significantly differs from the Arman’s signature», says the defense lawyer.

He says, the inquiry showed that the reports drawn up by the investigators contain many falsifications.

“There is a discrepancy in time when Sahakyan was in detention facility and when he was taken out for investigation actions. During the hours when according to the investigator’s report Arman has participated in the investigation actions Arman Sahakyan was in the detention facility and no one has visited him according to the written report of the detention facility”, says Gagik Malkhasyan.

All these discrepancies were presented to the court but were not properly assessed according to the defense lawyer. He says the court decision is “superficial and one-sided” and he will lodge the appeal.

A number of facts proving the defendants’ innocence were not attached to the case file

The criminal case instituted in relation of Arman Sahakyan was sent to the court in June 2011.

Arman Sahakyan was eligible for release by the amnesty declared by the RA President but he refused it and insists that was tortured and was forced to confess and should be acquitted.

Defense lawyer presenting the interests of Arman Sahakyan’s friend Artur Shahbasian proved at the court that his client did not participate in the robbery. Printouts of his mobile show that at the moment of crime commitment Artur Shahbasian was somewhere else and made number of calls and text messages during that time.

“The investigator had not attached to the case file other mobile phone printouts as well as many facts proving that Arman and Artur are not guilty”, says the defense attorney.