The Court Has Satisfied the Demand to Eliminate the Decision of the Investigator on the Rejection of Instituting a Criminal Case
On November 13 of 2017, the Court of First Instance of Arabkir and Kanaqer-Zeytun Administrative Districts of Yerevan made a decision to satisfy the complaint of Hasmik Harutyunyan, lawyer of “Protection of Rights without Borders” NGO against the RA Special Investigation Service. Lawyer Araks Melkonyan presented the interests of H. Harutyunyan at the court.
The decision made by the RA Special Investigation Service on April 12 of 2017 on the rejection of the instituting a criminal proceeding, as well as the demand to eliminate the human right violations were the ground of the complaint.
By the decision made on November 13, the court found that the conclusions of the investigator of the General Criminal Investigation Department of the RA Special Investigation Service were not in accordance with the nature of the content gained during the investigation process of the initial factual information.
Particularly, three interested parties were investigated, contradictory factual information were gained, in regard to which additional activities on the approval or the rejection by the investigator have not been conducted, as a result of which the explanation of the staff of penitentiary institutions of the RA Ministry of Justice were given preference to.
According to the decision made by the court, the factual information on the case were not sufficient to confirm that the case lacks the legal grounds to institute a proceeding. Therefore, the court made a decision to satisfy the demands submitted by the applicant that is to eliminate the decision made by the investigator of the RA Special Investigation Service on April 12 of 2017 in regard to the rejection of instituting a criminal case.
It should be mentioned, that on April 2 of 2017, the professional activities of Hasmik Harutyunyan, employee of the Protection of Rights without Borders NGO and Arman Sahakyan “New Genereation” NGO, as members of the Public Monitoring Group Conducting Oversight in the Penitentiary Institutions under the RA Ministry of Justice were hindered at the “Nubarashen” and “Kentron” penitentiary institutions.
On April 3 of 2017, “Helsinki Citizens’ Assembly-Vanadzor Office” NGO filed a report on instituting a criminal proceeding on the case to the RA Special Investigation Service on the grounds, that Arman Sahakyan and Hasmik Harutyunyan, as members of the Public Monitoring Group Conducting Oversight in the Penitentiary Institutions were denied access to enter “Nubarashen” and “Kentron” penitentiary institutions. Special Investigation Service, therefore, made a decision to refuse the instituting of a criminal case on the grounds of the lack of evidence.
On April 25 of 2017, Hasmik Harutyunyan filed a complaint to the RA Prosecutor’s General Office against the decision made by the Special Investigation Service on the grounds that an effective investigation of the case have been conducted. A decision by the RA Prosecutor’s General Office was made to reject the complaint submitted in regard to the institution of a criminal case by the investigator.
The decision of the Investigator on the rejection of the insituting of a criminal case regarding the hinderence of monitoring being conducted in penitentiary institutions was appealed in judicial order