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JURISDICTION MATTERS: QUESTIONS ASKED OVER STATUS OF RUSSIAN SOLDIER HELD OVER GYUMRI FAMILY MASSACRE
Human rights | 14.01.15 | 14:15
Lawyer Norayr Norikyan
Alina Nikoghosyan
ArmeniaNow intern
The current legal status of a Russian serviceman, who is suspected of
murdering an Armenian family in Gyumri, is a violation of both the
Constitution of Armenia and the Constitution of Russia, a lawyer in
Yerevan insisted today.
Valeri Permyakov, an 18-year-old native of the Russian city of Chita,
yesterday confessed to slaughtering six members of the Avetisyan
family in a Monday rampage the reasons of which still remain unclear.
Before that the conscript who served at Russia's 102nd military base
was detained by Russian border guards near the border with Turkey. He
is now held in custody at the base.
According to lawyer Norayr Norikyan, from the legal point of view the
criminal investigation should be carried out by Armenian authorities
and the suspect should stand trial by Armenian laws.
"The decision has been made outside Armenia and further investigation
of the case will be carried out not by the authorities of Armenia.
Unfortunately, our state is unable to bypass this decision, which means
that Article 1 of Armenia's Constitution that defines the country's
sovereignty is imperiled," Norikyan argued during a press conference
on Wednesday.
Commenting on the reactions of Armenia's officials, the lawyer noted
some contradictions with what the Russian side states. For example,
chief of Armenia's Armed Forces General Staff Yuri Khachaturov has
stated that the suspect will stand trial in Armenia.
Some media reports on Tuesday presented extractions from Permyakov's
preliminary testimony. In particular, the suspected murderer said he
went to the house of the Avetisyans in order to ask for water. It
remains unclear, however, how that could lead to such a violent
outcome and result in the murder of six people, including one child,
and wounding of a six-month-old baby.
Many, including Norikyan, challenge the version that Permyakov gunned
down the whole family as he was afraid that they would report his
crime (being absent without leave from the base), especially that
some reports say that all dead were found in their beds.
Referring to the agreement signed by Armenia and Russia in 1995-97,
under which the Russian military base was deployed in the country, the
Armenian lawyer said that violations of the Constitution take place.
"Under Article 4 of the Agreement the crimes committed by persons
involved in the Russian military base in the territory of Armenia
are subject to investigation by competent authorities of Armenia in
a manner prescribed by the legislation," he said.
The Armenian Prosecutor-General's Office, meanwhile, said on Tuesday
that the issue of the Russian serviceman's handover to Armenian
law-enforcement bodies was not even considered.
"Valeri Permyakov, who is suspected of committing the murders, is
a citizen of the Russian Federation and is under the control of the
law-enforcement bodies of the Russian Federation, which is the same
as being within the jurisdiction of the Russian Federation. Hence,
the issue of Permyakov's handover to Armenian law-enforcement bodies
is not considered taking into account point 1 of article 61 of the
Russian Constitution, under which a citizen of the Russian Federation
cannot be handed over to another state," it said.
http://armenianow.com/society/human_rights/59783/armenia_gyumri_family_murder_permyakov_legal_statu s
Human rights | 14.01.15 | 14:15
Lawyer Norayr Norikyan
Alina Nikoghosyan
ArmeniaNow intern
The current legal status of a Russian serviceman, who is suspected of
murdering an Armenian family in Gyumri, is a violation of both the
Constitution of Armenia and the Constitution of Russia, a lawyer in
Yerevan insisted today.
Valeri Permyakov, an 18-year-old native of the Russian city of Chita,
yesterday confessed to slaughtering six members of the Avetisyan
family in a Monday rampage the reasons of which still remain unclear.
Before that the conscript who served at Russia's 102nd military base
was detained by Russian border guards near the border with Turkey. He
is now held in custody at the base.
According to lawyer Norayr Norikyan, from the legal point of view the
criminal investigation should be carried out by Armenian authorities
and the suspect should stand trial by Armenian laws.
"The decision has been made outside Armenia and further investigation
of the case will be carried out not by the authorities of Armenia.
Unfortunately, our state is unable to bypass this decision, which means
that Article 1 of Armenia's Constitution that defines the country's
sovereignty is imperiled," Norikyan argued during a press conference
on Wednesday.
Commenting on the reactions of Armenia's officials, the lawyer noted
some contradictions with what the Russian side states. For example,
chief of Armenia's Armed Forces General Staff Yuri Khachaturov has
stated that the suspect will stand trial in Armenia.
Some media reports on Tuesday presented extractions from Permyakov's
preliminary testimony. In particular, the suspected murderer said he
went to the house of the Avetisyans in order to ask for water. It
remains unclear, however, how that could lead to such a violent
outcome and result in the murder of six people, including one child,
and wounding of a six-month-old baby.
Many, including Norikyan, challenge the version that Permyakov gunned
down the whole family as he was afraid that they would report his
crime (being absent without leave from the base), especially that
some reports say that all dead were found in their beds.
Referring to the agreement signed by Armenia and Russia in 1995-97,
under which the Russian military base was deployed in the country, the
Armenian lawyer said that violations of the Constitution take place.
"Under Article 4 of the Agreement the crimes committed by persons
involved in the Russian military base in the territory of Armenia
are subject to investigation by competent authorities of Armenia in
a manner prescribed by the legislation," he said.
The Armenian Prosecutor-General's Office, meanwhile, said on Tuesday
that the issue of the Russian serviceman's handover to Armenian
law-enforcement bodies was not even considered.
"Valeri Permyakov, who is suspected of committing the murders, is
a citizen of the Russian Federation and is under the control of the
law-enforcement bodies of the Russian Federation, which is the same
as being within the jurisdiction of the Russian Federation. Hence,
the issue of Permyakov's handover to Armenian law-enforcement bodies
is not considered taking into account point 1 of article 61 of the
Russian Constitution, under which a citizen of the Russian Federation
cannot be handed over to another state," it said.
http://armenianow.com/society/human_rights/59783/armenia_gyumri_family_murder_permyakov_legal_statu s