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Fighting Back: Political activist seeks justice for police brutality

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  • Fighting Back: Political activist seeks justice for police brutality

    Fighting Back: Political activist seeks justice for police brutality
    By Vahan Ishkhanyan
    ArmenianNow Reporter
    Sept 24, 2004
    ''When they tied my hands behind my back I couldn't defend myself anymore. I
    was begging: 'Please don't hit below the belt, I can't stand the pain
    anymore . . ."
    Grisha Virabyan describes the day he says he stood up for his rights and
    paid a severe price for doing so.
    While he was handcuffed, after attacking a policeman who insulted Virabyan's
    family, police punched and kicked 46-year old Virabyan until a testicle
    ruptured.Hours after the beating, he was taken to hospital where doctors
    removed the damaged testicle.
    As a consequence Virabyan has tried, without success, to bring charges
    against the Artashat Police Department. He says he was offered money to not
    pursue the matter in court. He says the matter is not about money.
    In legal documents, police deny any mistreatment of Virabyan. Doctors at the
    regional hospital where he was taken, however, say he is by no means the
    first detainee brought to them from the jail where he was being held, who
    required urgent care.
    This is Virabyan's account of the day he says he fought back "in the name of
    the Republic of Armenia".
    Grisha Virabyan is a member of the oppositional party, the Peoples Party of
    Armenia.
    On April 9, during mass oppositional protests, Virabyan helped organize a
    march from Artashat to Yerevan (some 40 kilometers).
    Police stopped a first group of marchers by putting up roadblocks - a common
    practice during last spring's opposition movement and during the previous
    year's presidential campaign protests - and sent them back to Artashat.
    But a second group headed by Virabyan managed to evade the roadblocks and
    reached Yerevan.
    Angered by his defiance, police began a search for Virabyan, making daily
    visits to his mother's home in the village of Shahumyan. A fellow
    demonstrator warned Virabyan to stay out of Artashat.
    But on April 23, and on the assurance of an acquaintance who is a police
    officer that he would not be detained, Virabyan returned to meet with
    Artashat police, who immediately launched a case against him for failing to
    obey police orders.
    Virabyan says that, while interrogating Virabyan, the head of the criminal
    department, Hovik Movsisyan struck him and said "f*** your mother; f*** your
    parents".
    In response, Virabyan grabbed a cellphone re-charger and struck Movsisyan in
    the eye (the officer later required stitches).
    Another officer, who Virabyan says was Armen Arsenyan, entered the room and,
    with Movsisyan, began kicking and beating Virabyan.
    "I was on the ground and they were beating me," he recalls, these five
    months later. "I wasn't responding I just wanted everything to be finished
    soon and I lay down in the corner so that they could only hit my back.
    "They were hitting and delivering blows directly at my kidneys. Then they
    left and another policeman entered and told me to sit down. I stood up to
    sit but Armen entered the room and didn't allow me to sit. He kicked me
    below my belt. The pain was terrible and I fell down. I stood up again and
    he again kicked me and then for a long time he was kicking me below the
    belt.''
    Virabyan says Deputy Head of the Police Department of Ararat Region Ashot
    Karapetyan squared the cruelest accounts with him.
    ''As soon as he entered the room he spat at me and hit me below the belt.
    After the first blow I gripped the collar of his coat and said: 'If we meet
    in a friendly company you will feel ashamed for what you did'."
    Karapetyan ordered another officer to handcuff Virabyan.
    Virabyan begged the policemen to stop the beating because he was in too much
    pain.
    "You're faking it," Karapetyan retorted.
    "He began kicking me in the testicles and on my side," Virabyan says. "His
    shoes were sharp-toed. I was trying to crouch so that he couldn't hit me
    there but I couldn't."
    ArmeniaNow requested an interview with Movsisyan, who refused, saying it was
    not appropriate for a policeman to give a media interview. He did confirm
    that his eye had been injured.
    In his testimonies Ashot Karapetyan denies that Virabyan was hit and he says
    that he was only questioned.
    ''I treated him very gently. I never cursed him or shouted at him,'' the
    officer wrote.
    But another letter to the court contradicts claims that Karapetyan is a
    "gentle" investigator.
    Araik Vardanyan, an inmate at Nubarashen Prison wrote a letter to the court
    stating that he had confessed to crimes that he didn't commit, merely to
    avoid being beaten by Karapetyan and another officer.
    "In the winter, those two butchers tried several times to involve me in
    accusations by means of beating and other cruelties," Vardanyan wrote. "They
    even drove me to the point that I slit my wrists."
    Natasha Voskanyan, of Sevan, also told ArmeniaNow that she was called as a
    witness to Nor Nork police department (where Karapetyan formerly was
    assigned) and was slapped several times by Karapetyan and that he burned her
    with a cigarette to get her to give testimony as a witness in a murder case.
    While Virabyan was being held at the police station, the Prosecutor's Office
    of Artashat was initiating a criminal case based on the fact that policeman
    Movsisyan sustained a bodily injury.
    Meanwhile, police called for a doctor to give Virabyan a sobriety test.
    The head of traffic police, Avetik Harutyunyan, held a device to Virabyan's
    face and told him to blow into it. Virabyan told the officer he was not
    drunk.
    "Then he suddenly hit my face with his fist and again held out the ampoule.
    I repeated I'm not drunk and he hit me again," Virabyan says. "It was
    repeated four times. Finally he turned and was going to leave the room but
    he turned back and again punched me in the testicles."
    Doctor Anahit Gasparyan signed a document saying that Vriabyan was under the
    influence of alcohol.
    But the doctor told ArmeniaNow that she was unsure about the analysis
    because the measuring device was old and unreliable.
    The color (that indicates the level of alcohol) changed only slightly from
    Virabyan's response. She asked if the device was old. Police said they did
    not know. Her assessment of Virabyan's sobriety was based mainly on the
    reaction of his eyes to tests. But, later, when she found out that he'd been
    beaten, she says his response was consistent with that of someone who'd
    received a blow to the head - and not, necessarily, that of a drunk man.
    Only a blood test could correctly determine whether Virabyan was
    intoxicated, the doctor says. But adds that she didn't demand that the
    police let her give one because "You cannot impose your rules onto members
    of law enforcement . . . It made no difference whether he was drunk or not,
    in any case it wouldn't have any influence on his future.''
    Virabyan was jailed. In the evening he began experiencing severe pain.
    Gasparyan was called again and, upon seeing Virabyan, ordered that he must
    immediately be taken to hospital.
    At midnight, surgeon Ruben Liloyan examined Virabyan at the Artashat
    hospital and found that he had chest and testicle injuries.
    ''I was worried about his chest,'' Liloyan says, "because it could have been
    a threat to his life. Unfortunately, I had no roentgen film and I couldn't
    X-ray him. Using clinical methods we ascertain that there was an ordinary
    injury and there was no threat to his life. Concerning his testicle, we
    decided to conduct an echogram in the morning. It was blackened and
    enlarged. Pain made him moan.''
    Virabyan was taken back to the isolation ward. The doctor says he didn't
    insist that Virabyan be kept in hospital, because he thought they would take
    Virabyan home.
    Liloyan also says he didn't imagine that Virabyan's testicle had ruptured
    because such injuries are very rare. But: "Unfortunately there was a strong
    blow.''
    Back at the jail, Virabyan again was overcome with pain and was taken a few
    hours later back to the hospital.
    Doctor Gagik Hambardzumyan found that Virabyan's scrotum was filled with
    blood and determined that the testicle must be removed.
    It was the first time when someone with such an injury was taken to hospital
    from police, Hambardzumyan says. However, people with other injuries -
    especially to the stomach - are often taken to the hospital from the police
    station, the doctor says.
    On the day of the operation, Virabyan's uncle Sashik Virabyan informed
    Artashat Prosecutor's Office about the incident and later wrote an
    application to the Prosecutor General of Armenia, to the Chief of Police,
    and to the Prime Minister asking that charges be brought against the police.
    He received no answer. In contrast, charges were brought against Virabyan on
    May 3. He says he was told the charges would be dropped if he would not put
    up a defense.
    ''I was offered money several times and asked not to defend myself,"
    Virabyan told ArmeniaNow. "But I rejected their offer as I'm not going to
    sell injury inflicted on me for money. I'm going to do everything so that
    policemen will be punished."
    An investigation was launched, and on August 30, the Prosecutor's Office
    quashed the case, writing in his decision that Virabyan had suffered enough
    physical injury to assuage any guilt for the charges brought against him.
    Republic of Armenia Ombudswoman, Larisa Alaverdyan, visited Virabyan while
    he was in hospital and twice appealed to the Prosecutor's Office on his
    behalf, calling for an objective investigation.
    ''If a man entered the police station and he was healthy, and then in the
    morning he was operated on, then it means he was subjected to improper and
    cruel treatment,'' Alaverdyan says.
    It was after Alaverdyan's second letter that the case against Virabyan was
    quashed. Now the rights' attorney wants to see an investigation into the
    behavior of police in the case.
    ''. . . Everything should have been brought to light," Alaverdyan says.
    "However, investigators from the Prosecutor's Office didn't pay attention to
    everything that concerned Virabyan. Now when the case was quashed the road
    is open and Grisha Virabyan can appeal and a new case can be initiated.''
    Virabyan's lawyers have sent numerous applications to the Prosecutor General
    and various courts for initiating a case against Artashat police. All have
    been denied.
    Editor's note: Through a grant from the World Learning Foundation,
    ArmeniaNow reporter Vahan Ishkhanyan is researching a book on recent cases
    in which citizens have been arrested in relation to political events. The
    cases highlight episodes in which police used force or pressure against
    members of oppositional political parties and participants in last spring's
    protests. This is the first in a series of articles resulting from
    Ishkhanyan's research.

    From: Emil Lazarian | Ararat NewsPress
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