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Judge is Biased, Claims Lawyer Defending Young Murder Suspect

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  • Judge is Biased, Claims Lawyer Defending Young Murder Suspect

    Judge is Biased, Claims Lawyer Defending Young Murder Suspect


    04.08.2014 13:10 epress.am


    The term of the pre-trial detention of murder suspect Karen Kungortsev
    was once againextended. The court yet again did not take into account
    the defense motion.

    The Lori District Court of First Instance presided over by Judge
    Varduhi Hovnanyan (pictured) began examining the motion to extend
    Kungortsev's detention by two months on April 4 and ended on April 7.
    The court session began with Kungortsev's attorney, Helsinki
    Association for Human Rights lawyer Arayik Papikyan submitting a
    petition for the judge's recusal. Papikyan explained that the
    investigator submitted 4 petitions for Kungortsev's arrest and
    continued imprisonment, which were examined by the same judge,
    Hovnanyan. The previous 3 requests were granted, even when the
    investigator presented no substantiated facts or evidence, being
    limited solely to legislative wording.

    The attorney mentioned in his petition that the court justifies the
    judicial act merely by legislative wording, which is not only
    insufficient, but also unacceptable for extending a person's term of
    imprisonment. Furthermore, Papikyan said, there is reasonable doubt
    that judge is not impartial specifically toward Kungortsev and has a
    biased attitude. This is the fourth time, the defense said, the judge
    has considered the investigator's petition on arrest, three of which
    contain practically the same content, not paying attention to this
    fact and sustaining the previous 3 petitions.

    Nevertheless, on April 7, the judge denied the petition for recusal,
    claiming that the judge has no bias or prejudice against the accused.

    Then the court considered the investigator's petition, heard the
    objections of the defense and the accused, and decided to grant the
    application. Thus, Kungortsev's term of imprisonment was extended by
    two month.

    Recall, Kungortsev, 22, is accused of murdering David Hovakimyan, 15.
    Kungortsev says he is innocent, while human rights defenders and his
    attorney point to violations during the preliminary investigation.
    While behind bars, the accused resorted to self harm, as well as
    beginning a hunger strike. His mother, Anahit Harutyunyan, said that
    her son was beaten by police while under police custody and forced to
    confess to the crime.

    http://www.epress.am/en/2014/04/08/judge-is-biased-claims-lawyer-defending-young-murder-suspect.html

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