The deputy commander of the N military unit of the Defense Army, the colonel, does not accept the accusation made by Armenia’s Investigative Committee that during the 2020 war, he showed simulation of a disease in the period from October 10 to November 3.
“They say that he committed self-harm during the war and tried to avoid participating in combat operations. My client does not accept the accusation,” the colonel’s lawyer Garik Galikyan told Forrights.am.
The Investigative Committee announced this criminal proceeding yesterday, April 18, notifying that as a result of large-scale investigative and operational activities carried out during the preliminary investigation of the criminal proceeding being investigated in the Investigation Department of the Main Military Investigative Department of the Investigative Committee, facts were obtained that the deputy commander of the N military unit of the Defense Army, the colonel, under the conditions of martial law, showed simulation of the disease between October 10 and November 3, 2020.
According to the source, due to a health problem that did not require inpatient treatment, he received 23 days of inpatient treatment in a medical institution, which led to temporary suspension of the performance of latter’s some military service duties.
According to Galikyan, the details of the criminal proceedings will not be presented for now: “It is not right to say more.” He does not accept the accusation, because, according to the lawyer, the data that is the basis for the criminal proceedings are not true.
“My client does not admit guilt, because he states that what is stated in the decision to initiate a public criminal prosecution does not correspond to reality. Moreover, he states that he did not commit self-harm. The reason they gave was as if he took that step to be hospitalized and in order not to participate in the war. But it is unclear to me: if a person goes to the doctor and the doctor says that he should receive inpatient treatment, what should the person do,” says the lawyer.
As part of the preliminary investigation of the criminal case, a forensic medical examination was carried out, and the results are already known. According to Garik Galikyan, the colonel’s testimony and the results of the expert’s conclusion were compared and there are no big differences between the two.
Armine Fanyan, the colonel’s other lawyer, tells Forrights.am that the doctors themselves gave the diagnosis of their client’s health condition. “He had a concussion, deep, 3rd degree burns, and there is a video of it [of those burns], and the results of the forensic examination say that he could have received those burns from the heat of the car oil. There are witnesses who confirm that the car was burnt as a result of a shell explosion in that area,” Fanyan adds.
Moreover, according to her, the high-ranking officer did not even want to stay in the hospital and tried in every way to get out of control and go to the battlefield.
“This is an unfounded accusation, it is absurd to initiate criminal proceedings with such an accusation,” Armine Fanyan notes.
Nevertheless, a high-ranking officer was charged under Article 363, Part 5 of the former Criminal Code of the Republic of Armenia (corresponds to Article 527, Part 3 of the current Criminal Code of the Republic of Armenia) “for causing harm (mutilation) to his health by a serviceman during the war for evasion of service”. According to the Criminal Code, such an act is punishable by 5-10 years imprisonment. According to the court’s decision, the colonel was detained for two months.
The defense side has not announced yet who is the colonel targeted by the law enforcement officers. However, it is known that he has been in military service for about 24 years. The colonel lived and served in Artsakh, actively participated in the 44-day war. In those days, there were reports according to which the colonel was injured and received treatment in the Muratsana hospital. The brothers of the senior officer are also in the military.
Hasmik Hambardzumyan