On October 10 of 2018, “Protection of Rights without Borders” NGO filed an appeal to the Prosecutor General’s Office against the decision made on September 18 of 2018 to discontinue the proceeding of the criminal case number 61205016 instituted in the Special Investigation Service in regard to the citizens who suffered the ill treatment of the police in Sari Tagh in 2016.
It should be mentioned, that according to the information provided by the Special Investigation Service,the proceeding of the criminal case was suspended by the reasoning “the person as a victim is unanimous”.
The body in charge of conducting the proceeding recorded by its decision, that during the preliminary investigation it was impossible to detect whether the citizens in civilian clothes being suspected in the mentioned crime acted by the command of the police or not.
A disagreement with the statement filed by the body in charge of conducting the preliminary investigation that the persons involved as victims are unanimous was mentioned in the appeal submitted by the Organization.
Particularly, the events in Khorenatsi Street were covered by a number of media agencies, where it is clearly seen, that some people in civilian clothes were in the other side of the police wall on July 29 of 2016. Then, the same persons were carrying out some activities in Sari Tagh and were subjecting the protest participants to violence.
As stated by the Organization, the body in charge of conducting the proceeding has not conducted complete and comprehensive investigation in regard to these circumstances, since it should have interrogated the policemen, who were in Khorenatsi Street, to find out who the citizens in civilian clothes were and why the latter were on the other side of the police wall, if the it was a forbidden area for the protest participants, as well as by whose allowance or command the policemen let them cross the police wall.
Besides, that body in charge of conducting the criminal proceeding has not provided any legal assessment in regard to the legitimacy, necessity and proportionality for the application of the special measures by the policemen.
At the same time, it should be stated, that the persons involved in the given criminal case got injuries for different reasons and in different circumstances.
In such conditions, the materials of the criminal case for 63 victims cannot be so identical, that the criminal case could be discontinued by the same ground and justifications prescribed by the criminal procedure code.