A. Avetisyan

On July 19 of 2018, the Criminal Court of Appeal chaired by Judge Vazgen Rshtuni adopted a decision to satisfy the appeal submitted by the “Protection of Rights without Borders” NGO annulling the decision made by the First Instance Court of General Jurisdiction of Yerevan.

The court has also obliged the body in charge of conducting the proceeding to eliminate the violation of the applicant’s rights, as a reporting person has provided the copy of the decision made in regard to the institution of the criminal case.

It should be mentioned, that on January 19 of 2018, the Organization made a reporting to the RA Prosecutor General’s Office and to the Special Investigation Service in regard to the fact of A.A.’s death, an arrestee at “Abovyan” penitentiary institution, in response to which a letter from the Prosecutor General’s Office was received mentioning that the respective material were being preparing according to the prescribed order.

On March 5 of 2018, it was informed by a response letter, that the criminal case had been instituted not on the ground of the reporting by the Organization, but based on the materials that had been prepared at the RA Police Department of Nor Nork. The Organization is not considered a legal entity, which has made a reporting, therefore, a decision cannot be provided to the latter.

In this regard, “The Protection of Rights without Borders” NGO applied to the Court of General Jurisdiction of Yerevan on April 5 of 2018 with the demand to eliminated the inaction of the investigator of Investigation Department of Avan and Nor Nork Administrative Districts’ Investigative Department and based on the reporting oblige to make a decision on the grounds of RA Criminal Procedures.

By the decision made by the Court of General Jurisdiction of Yerevan it was decided, that the Organization is not considered as the legal entity which had submitted a report and came to the conclusion, that no criminal-judicial inaction by the investigator of Investigation Department of the RA Investigative Committee has been demonstrated, on the ground of which a decision to reject the application.

According to the Court of Appeal, it’s not the problem of a person, that the body in charge of conducting the proceeding has already initiated the preparation of the materials based on the reporting of another person, taking into consideration, that in any case the body in charge of conducting the proceeding carries an obligation to discuss and solve the reportings on crime, including also the ones under proceedings and as for the reporting, the legislative branch does not prescribe any concrete approach for the reporting, that has been submitted earlier.