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Disclosure of Murder Case Jeopardized, Believes Defense Lawyer
http://www.epress.am/en/2013/12/06/disclosure-of-murder-case-jeopardized-believes-defense-lawyer.html
12.06.2013 01:44 epress.am
Karen Kungortsev, 22, accused of killing David Hovakimyan, 15, will
remain behind bars for a longer period, after the Lori District Court
of First Instance today sustained the investigator's request to extend
his pre-trial detention period.
Kungortsev's attorney of the Helsinki Association for Human Rights Ara
Papikyan told Epress.am that the court sustained a motion that was
completely baseless. The investigator had based his petition solely on
legislative justifications, without referring to any specific and
valid reasons.
According to Papikyan, the court ignored the position established by
several precedent rulings of the Court of Cassation that two criteria
must be met in order for a term of imprisonment to be extended:
1. the grounds and conditions for choosing imprisonment as the measure
of restraint continue to exist or there are new grounds for keeping a
person in custody
2. the investigative body has exhibited due diligence to ensure the
investigation
"Apart from the petition, the investigator provided no facts or
evidence to justify it. Meanwhile, the defense presented irrefutable
facts and evidence that the preliminary investigative body, beginning
from the initial hours of the investigation, displayed either inaction
or improper work performance. Numerous judicial actions either weren't
done or were done late; an objective and comprehensive investigation
is not being ensured; motions presented by the defense are not dealt
with in accordance with the procedure established by law; and chosen
for the investigation at the start and continuing to this day is a
direction that already has jeopardized the disclosure of truth," said
the attorney.
The lawyer intends to appeal the decision at the Court of Appeal.
From: A. Papazian
http://www.epress.am/en/2013/12/06/disclosure-of-murder-case-jeopardized-believes-defense-lawyer.html
12.06.2013 01:44 epress.am
Karen Kungortsev, 22, accused of killing David Hovakimyan, 15, will
remain behind bars for a longer period, after the Lori District Court
of First Instance today sustained the investigator's request to extend
his pre-trial detention period.
Kungortsev's attorney of the Helsinki Association for Human Rights Ara
Papikyan told Epress.am that the court sustained a motion that was
completely baseless. The investigator had based his petition solely on
legislative justifications, without referring to any specific and
valid reasons.
According to Papikyan, the court ignored the position established by
several precedent rulings of the Court of Cassation that two criteria
must be met in order for a term of imprisonment to be extended:
1. the grounds and conditions for choosing imprisonment as the measure
of restraint continue to exist or there are new grounds for keeping a
person in custody
2. the investigative body has exhibited due diligence to ensure the
investigation
"Apart from the petition, the investigator provided no facts or
evidence to justify it. Meanwhile, the defense presented irrefutable
facts and evidence that the preliminary investigative body, beginning
from the initial hours of the investigation, displayed either inaction
or improper work performance. Numerous judicial actions either weren't
done or were done late; an objective and comprehensive investigation
is not being ensured; motions presented by the defense are not dealt
with in accordance with the procedure established by law; and chosen
for the investigation at the start and continuing to this day is a
direction that already has jeopardized the disclosure of truth," said
the attorney.
The lawyer intends to appeal the decision at the Court of Appeal.
From: A. Papazian