The Decision to Discontinue the Proceeding Instituted in Regard to the Criminal Case on the Victims of Police Activities Has Been Appealed

On November 17 of 2018, the Protection of Rights without Borders NGO filed an appeal to the Court of General Jurisdiction of Yerevan against the decisions made by the RA Special Investigation Service and Prosecutor General’s Office to discontinue the criminal case number 61205016, as well as to reject the appeal respectively in regard to the victims during the July events of Yerevan on July 29 of 2016 in Sari Tagh.

The decision to discontinue the proceeding instituted in regard to the criminal case made by the Special Investigation Service was appealed by the Organization to the Prosecutor General’s Office on October 9 of 2018.

The Prosecutor General’s Office adopted a decision to reject the appeal submitted by the Organization. It was recorded in the decision, that all the necessary measures as prescribed by the RA Criminal Procedure Code to conduct a comprehensive, complete and objective investigation of the case being investigated at the Special Investigation Service had been taken, but a combination of “beyond reasonable doubt” evidence had not been reach, which made it impossible to detect the other person or persons involved in the case as witnesses and as a result a decision to discontinue the proceeding of the criminal case in such condition was adopted by the body in charge of conducting the proceeding of the mentioned criminal case.

It was stated in the appeal submitted to the court, that all the necessary and possible investigative and judicial activities have not been conducted by the body in charge of conducting the proceeding. Particularly, in the outcomes of the activities taken by the body in charge of conducting the proceeding, the identification of eight citizens, who had hindered the professional activities of the journalists and applied violence against them, was detected.

According to the investigator and the prosecutor, during their case investigation the mentioned citizens did not provide information about being police servicemen.

It is notable, that according to the available information and evidence in the given case, the citizens in civilian clothes disappeared behind the back of the police, but no measure by the police representatives were initiated towards them.

The Organization stated in its appeal, that the body in charge of conducting the proceeding did not give a proper evaluation t

o the issue regarding the legitimacy, proportionality and the necessity to use special measures that are not prescribed by the law.

According to the witnesses, as well as the videos published by the media, on July 29 of 2016, the Police, without proper warning, applied special measures against not the citizens who tried to provocate the peaceful participants of the assembly, but against the participants of the peaceful assembly and the journalists.

In its appeal, the Organization demanded to eliminate the decisions on the discontinuation of the proceeding in regard to the criminal case number 61205016 made by the Special Investigation Service on 18.19.2018  and the Prosecutor General’s Office on 16.10.2018  and restart the proceeding of the criminal case number 61205016.

It should be noted, that according to the decision made by the Special Investigation Service, the proceeding of the criminal case was discontinued with the reasoning “the witness involved as a witness is unanimous”.

Letter to the Prosecutor General’s Office, 16 October of 2018

Letter to the Special Investigation Service, 18 September of 2018