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HUMAN RIGHTS WATCH CALLS ON RA PROSECUTOR GENERAL TO SUSPEND THE CHARGES IN THE MATAGHIS CASE AND INVESTIGATE TORTURE ALLEGATIONS
http://hetq.am/eng/news/21641/human-rights-watch-calls-on-ra-prosecutor-general-to-suspend-the-charges-in-the-mataghis-case-and-investigate-torture-allegations.html
11:48, December 18, 2012
To Mr. Agvan G. Hovsepyan
RA Prosecutor General
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 process requirements. The
failure to uphold these standards would constitute serious breaches
of Armenia's international obligations.
Human Rights Watch believes that it is very important that given
the credible allegations of torture in this case, and Armenia's
obligations to do so, that a prompt and thorough investigation into
the allegations is ordered, and that the charges are suspended until
the completion of the investigation.
Thank you for your attention to this urgent matter.
Sincerely, Rachel Denber
Deputy Director Europe and Central Asia Division Human Rights Watch
December 17, 2012
http://hetq.am/eng/news/21641/human-rights-watch-calls-on-ra-prosecutor-general-to-suspend-the-charges-in-the-mataghis-case-and-investigate-torture-allegations.html
11:48, December 18, 2012
To Mr. Agvan G. Hovsepyan
RA Prosecutor General
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 process requirements. The
failure to uphold these standards would constitute serious breaches
of Armenia's international obligations.
Human Rights Watch believes that it is very important that given
the credible allegations of torture in this case, and Armenia's
obligations to do so, that a prompt and thorough investigation into
the allegations is ordered, and that the charges are suspended until
the completion of the investigation.
Thank you for your attention to this urgent matter.
Sincerely, Rachel Denber
Deputy Director Europe and Central Asia Division Human Rights Watch
December 17, 2012