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HUMAN RIGHTS WATCH CONCERNED OVER LACK OF PROPER INVESTIGATION INTO MATAGHIS MILITARY DEATH CASE
tert.am
18.12.12
The Human Rights has expressed deep concerns over the effective
investigation into a scandalous army murder case that led to the
death of Armenian conscripts.
The organization's letter to Prosecutor General Aghvan Hovespayn,
(first published on the Helsinki Citizens' Assembly's Vanadzor Office
website) is provided below:
Dear Mr. Hovsepyan,
We are writing to express our profound concern regarding the lack of
effective investigation into allegations of torture and inhuman and
degrading treatment relating to the cases of Razmik Sargsian, Musa
Serobian, and Arayik Zalian, accused of murdering two of their fellow
conscript soldiers in December 2003. We urge you to ensure that an
effective investigation is carried out into the credible torture and
ill-treatment allegations without further delay. Considering that the
confession allegedly made under duress remains key evidence in new
charges against the defendants, we also call upon the prosecutor's
office to suspend the charges until such an investigation is carried
out.
On May 13, 2005, the Syunik Marz Court sentenced Razmik Sargsian,
Musa Serobian, and Arayik Zalian to fifteen years of imprisonment
on charges of murdering the two conscripts. On May 30, 2006, the
Court of Appeals changed the sentence to life imprisonment. However,
in December 2006, the Court of Cassation dismissed the case, sent it
for re-investigation, and ordered the release of the defendants.
It is our understanding that the prosecutor's office continued to press
the charges against Sargsian, Serobian, and Zalian and sent the case
back to the first instance court in 2008. It is also our understanding
that neither the courts nor the prosecutor's office have carried out
independent, prompt, thorough, and effective investigation into the
serious allegations of torture and ill- treatment.
In May 2008, the Shirak Regional Court began a new trial against
Sargsian, Serobian, and Zalian related to the same incident, this
time on charges of causing serious bodily harm that led to the death
of the two other conscripts. This is the second time that their case
is under judicial consideration related to the same incident.
Taking no position on the defendants' innocence or guilt, we are
profoundly concerned that the new charges are again largely based on
the confession of one of the defendants, Razmik Sargsian. There are
reasonable grounds to believe that his confession was made after he
was subjected to torture and other cruel treatment. Sargsian stated
first to his lawyer and then later in court that after he had been
initially questioned as a witness in the case on April 19, 2004, he
was subjected to several days of brutal beatings and psychological
pressure by the military procuracy investigators, as a result of
which he confessed to the crime and incriminated Serobian and Zalian
as his accomplices. Sargsian states that the investigators handcuffed
his hands behind his back, suspended him from his hands, and beat him
in this position. They also threatened him with rape. In a videotape
of the confession, Sargsian's face was swollen and bruised, strongly
suggesting that he had suffered ill-treatment prior to making the
confession.
Later, during the pretrial investigation and at the trial, Sargsian
stated his innocence saying that he had been forced under physical
and psychological pressure into making the confession. The other
defendants, Serobian and Zalian, also told the Syunik Marz Court, the
first trial court, that they had been tortured during interrogations
by investigating officers and that they never pleaded guilty.
The Syunik Marz Court failed to consider the defense's motions that
were introduced to substantiate the torture complaints. For instance,
the court refused to grant the defense's motion to do an examination
of the wooden floor in the investigation room in which the men were
questioned. According to the defense, the floor has blood stains as
result of the torture of Sargsian, Serobian, and Zalian. The court
also refused to examine medical documents from the hospital where
Sargsian was taken during his hunger strike that indicate a variety
of medical problems, some of which appear to be the result of beatings.
International treaties to which Armenia is a party, including the
European Convention on Human Rights, the International Covenant on
Civil and Political Rights, and the United Nations Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
all require respect for international and absolute prohibition on
the use of torture. These treaties also emphasize that statements
made under torture cannot be invoked as evidence, except against a
person accused of torture. International law also obliges states to
guarantee defendants' right to a fair trial and to ensure that any
criminal proceedings are conducted in accordance with fundamental due
From: Baghdasarian
tert.am
18.12.12
The Human Rights has expressed deep concerns over the effective
investigation into a scandalous army murder case that led to the
death of Armenian conscripts.
The organization's letter to Prosecutor General Aghvan Hovespayn,
(first published on the Helsinki Citizens' Assembly's Vanadzor Office
website) is provided below:
Dear Mr. Hovsepyan,
We are writing to express our profound concern regarding the lack of
effective investigation into allegations of torture and inhuman and
degrading treatment relating to the cases of Razmik Sargsian, Musa
Serobian, and Arayik Zalian, accused of murdering two of their fellow
conscript soldiers in December 2003. We urge you to ensure that an
effective investigation is carried out into the credible torture and
ill-treatment allegations without further delay. Considering that the
confession allegedly made under duress remains key evidence in new
charges against the defendants, we also call upon the prosecutor's
office to suspend the charges until such an investigation is carried
out.
On May 13, 2005, the Syunik Marz Court sentenced Razmik Sargsian,
Musa Serobian, and Arayik Zalian to fifteen years of imprisonment
on charges of murdering the two conscripts. On May 30, 2006, the
Court of Appeals changed the sentence to life imprisonment. However,
in December 2006, the Court of Cassation dismissed the case, sent it
for re-investigation, and ordered the release of the defendants.
It is our understanding that the prosecutor's office continued to press
the charges against Sargsian, Serobian, and Zalian and sent the case
back to the first instance court in 2008. It is also our understanding
that neither the courts nor the prosecutor's office have carried out
independent, prompt, thorough, and effective investigation into the
serious allegations of torture and ill- treatment.
In May 2008, the Shirak Regional Court began a new trial against
Sargsian, Serobian, and Zalian related to the same incident, this
time on charges of causing serious bodily harm that led to the death
of the two other conscripts. This is the second time that their case
is under judicial consideration related to the same incident.
Taking no position on the defendants' innocence or guilt, we are
profoundly concerned that the new charges are again largely based on
the confession of one of the defendants, Razmik Sargsian. There are
reasonable grounds to believe that his confession was made after he
was subjected to torture and other cruel treatment. Sargsian stated
first to his lawyer and then later in court that after he had been
initially questioned as a witness in the case on April 19, 2004, he
was subjected to several days of brutal beatings and psychological
pressure by the military procuracy investigators, as a result of
which he confessed to the crime and incriminated Serobian and Zalian
as his accomplices. Sargsian states that the investigators handcuffed
his hands behind his back, suspended him from his hands, and beat him
in this position. They also threatened him with rape. In a videotape
of the confession, Sargsian's face was swollen and bruised, strongly
suggesting that he had suffered ill-treatment prior to making the
confession.
Later, during the pretrial investigation and at the trial, Sargsian
stated his innocence saying that he had been forced under physical
and psychological pressure into making the confession. The other
defendants, Serobian and Zalian, also told the Syunik Marz Court, the
first trial court, that they had been tortured during interrogations
by investigating officers and that they never pleaded guilty.
The Syunik Marz Court failed to consider the defense's motions that
were introduced to substantiate the torture complaints. For instance,
the court refused to grant the defense's motion to do an examination
of the wooden floor in the investigation room in which the men were
questioned. According to the defense, the floor has blood stains as
result of the torture of Sargsian, Serobian, and Zalian. The court
also refused to examine medical documents from the hospital where
Sargsian was taken during his hunger strike that indicate a variety
of medical problems, some of which appear to be the result of beatings.
International treaties to which Armenia is a party, including the
European Convention on Human Rights, the International Covenant on
Civil and Political Rights, and the United Nations Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
all require respect for international and absolute prohibition on
the use of torture. These treaties also emphasize that statements
made under torture cannot be invoked as evidence, except against a
person accused of torture. International law also obliges states to
guarantee defendants' right to a fair trial and to ensure that any
criminal proceedings are conducted in accordance with fundamental due
From: Baghdasarian