No effective investigation is being conducted within the case of Arthur Hakobyan, who has obtained mental problems in the army.
In Agarak’s military unit in 2015, Arthur Hakobyan was subjected to torture and ill-treatment, as a result of which he had acquired mental health problems.
A criminal case was initiated according to the Criminal Code article on violent actions against subordinates or threat of committing them. The article provides imprisonment for a maximum of 4 years.
However, after a while, the criminal case was dismissed. Attorney Ara Gharagyozyan, Artur Hakobyan’s lawyer, who has attained mental problems in the army, has appealed against the case dismissal decision to First Instance and Appeal courts, but the courts had made negative decisions and the case had reached the Court of Cassation.
The Cassation Court has already recognized the fact of violation of Artur Hakobyan’s rights and freedoms, as well as his right to remain free from torture. The Court of Cassation also found that a person with a mental disorder should have the right to be heard. Confrontations should have taken place within the case, which did not happen.
Arthur accuses his commander Jivan Mkrtchyan of torturing him. Meanwhile, confrontations with him have not been taken place.
“If the investigative body really wanted, the case would have been disclosed long ago. If an appropriate expert examination were scheduled, it would have revealed that Arthur Hakobyan has been tortured, which would have been substantiated through interrogations of other soldiers,” says Ara Gharagyozyan.
By the decision of the Court of Cassation, the case has been reopened and is in the 9th Garrison Investigative Department of the General Military Investigative Department of the RA Investigative Committee.
Attorney Ara Gharagyozyan, however, does not have great expectations from the case reopening.
“The same investigative department has concealed real details of Arthur Hakobyan’s case. And now, after the decision of the Court of Cassation, the same investigative division deals with the case,” said the lawyer.
Artur Hakobyan’s representative Ara Gharagyozyan filed a petition to the Prosecutor General for transfer of the criminal case to the Special Investigative Service.
“The reopened criminal case was initiated by a wrong article, whereas the Court of Cassation recognized Arthur Hakobyan’s right to refrain from torture, but the investigative body again ignores it and does not want to investigate torture,” the representative added.
The motion, as mentioned the lawyer, was not discussed by the Prosecutor General and it was sent to the Goris Garrison prosecutor’s office who had previously violated Artur Hakobyan’s rights and freedoms. An answer came from there that the case will not be moved.
Artur Hakobyan was twice summoned to the investigative department for confrontation, but the injured party did not appear for various reasons: Artur Hakobyan did not receive a notice; his attorney had a court session in another place at that time; Artur Hakobyan was in a state of great physical and mental illness and could not appear in the investigative action.
“In a private conversation with me, Arthur Hakobyan mentioned that, in case of seeing a person in a military uniform, he may again fall in a grave state of mind. I applied to the investigator asking to take measures to conduct the investigation in another place, as he could fall in a critical psychological state when seeing a person in military uniform and get double psychological trauma.
In the same application, we also stated that the aggrieved party had never refused to appear before the body conducting the proceedings, while investigator A. Sargsyan noted in his letter that another non-attendance will be considered as a waiver of rights. The investigator’s opinion is groundless and thus confirms that the investigator has his interests in the case: they want to close the case again and not to disclose the reality,” concludes lawyer Ara Gharagyozyan.
Arthur Hakobyan, who has been tortured in 2015, is not in good health at present. He is unable to work and is undergoing courses of treatment.