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APPEAL IN CONNECTION WITH THE SHOOTOUT NEAR SYUNIK GOVERNOR'S HOUSE FILED TO THE ECTHR
03.11.2015 17:49 epress.am
Emil Budaghyan, the father of Avetik Budaghyan who died in a shootout
near the house of Syunik Governor Surik Khachatryan, has filed an
appeal to the European Court of Human Rights, reports Pastinfo.am.
According to Emil Budaghyan's representative, lawyer Hayk Alumyan,
in the appeal they have asked the ECtHR to recognize the violation
of Article 6 paragraph 1 and 2, as well as Article 2 and Article 10
of the European Convention on Human Rights.
Article 6 (the right to a fair trial) paragraph 1 states that everyone
is entitled to a fair and public hearing within a reasonable time by
an independent and impartial tribunal, while paragraph 2 affirms that
everyone charged with a criminal offence shall be presumed innocent
until proved guilty, i.e., until a verdict enters force.
Meanwhile, in Avetik Budaghyan's case both these paragraphs have been
violated: Avetik Budaghyan has been found guilty by the investigator,
without a court verdict, while a criminal prosecution was not
implemented based on his death.
While the investigator decided to suspend the criminal prosecution of
the Governor's son Tigran Khachatryan, as well as Zarzand Nikoghosyan,
the state did not implement its responsibility toward an effective
investigation, which signifies the violation of Article 2 of the
Convention (the right to life).
According to Hayk Alumyan, Article 10 (freedom of expression) was
also violated, which includes the right to information. The lawyer
had earlier petitioned the the President, Minister of Justice, and
PM to confirm or deny the circulating news of them being present at
Surik Khachatryan's son's wedding.
Hayk Alumyan stated that in the complaint to the EctHR it would
be written, that if certain officials, who have authority over the
judicial system, are considered so close [to Khachatryan] that they
participate in their weddings, then for him the national courts are
considered ineffective.
Recall, that in the evening of June 1st, 2013 near Syunik Governor
Surik Khachatryan's home former Goris mayoral candidate Avetik
Budaghyan was killed and his brother Artak Budaghyan injured. In the
frame of the initiated criminal case Surik Khachatryan's son Tigran
and security guard Zarzand Nikoghosyan was arrested. Subsequently,
the two were later released because the investigative bodies claimed
they were acting in self-defense.
http://www.epress.am/en/2015/03/11/appeal-in-connection-with-the-shootout-near-syunik-governors-house-filed-to-the-ecthr.html
From: Baghdasarian
03.11.2015 17:49 epress.am
Emil Budaghyan, the father of Avetik Budaghyan who died in a shootout
near the house of Syunik Governor Surik Khachatryan, has filed an
appeal to the European Court of Human Rights, reports Pastinfo.am.
According to Emil Budaghyan's representative, lawyer Hayk Alumyan,
in the appeal they have asked the ECtHR to recognize the violation
of Article 6 paragraph 1 and 2, as well as Article 2 and Article 10
of the European Convention on Human Rights.
Article 6 (the right to a fair trial) paragraph 1 states that everyone
is entitled to a fair and public hearing within a reasonable time by
an independent and impartial tribunal, while paragraph 2 affirms that
everyone charged with a criminal offence shall be presumed innocent
until proved guilty, i.e., until a verdict enters force.
Meanwhile, in Avetik Budaghyan's case both these paragraphs have been
violated: Avetik Budaghyan has been found guilty by the investigator,
without a court verdict, while a criminal prosecution was not
implemented based on his death.
While the investigator decided to suspend the criminal prosecution of
the Governor's son Tigran Khachatryan, as well as Zarzand Nikoghosyan,
the state did not implement its responsibility toward an effective
investigation, which signifies the violation of Article 2 of the
Convention (the right to life).
According to Hayk Alumyan, Article 10 (freedom of expression) was
also violated, which includes the right to information. The lawyer
had earlier petitioned the the President, Minister of Justice, and
PM to confirm or deny the circulating news of them being present at
Surik Khachatryan's son's wedding.
Hayk Alumyan stated that in the complaint to the EctHR it would
be written, that if certain officials, who have authority over the
judicial system, are considered so close [to Khachatryan] that they
participate in their weddings, then for him the national courts are
considered ineffective.
Recall, that in the evening of June 1st, 2013 near Syunik Governor
Surik Khachatryan's home former Goris mayoral candidate Avetik
Budaghyan was killed and his brother Artak Budaghyan injured. In the
frame of the initiated criminal case Surik Khachatryan's son Tigran
and security guard Zarzand Nikoghosyan was arrested. Subsequently,
the two were later released because the investigative bodies claimed
they were acting in self-defense.
http://www.epress.am/en/2015/03/11/appeal-in-connection-with-the-shootout-near-syunik-governors-house-filed-to-the-ecthr.html
From: Baghdasarian