Point of View

The Special Investigation Service dismissed the proceedings of Gulyan’s case not implementing the decision of the Court of Cassation

30.03.2012

Levon Gulyan with his sons

The Special Investigation Service dismissed the proceedings of Gulyan’s case not implementing the decision of the Court of Cassation

The proceedings of the case of Levon Gulyan, who died in the police station in 2007 is dismissed for the fourth time on the basis of the absence of corpus delicti.

The RA Special Investigation Service does not implement the decision of the Court of Cassation, which is to resume the investigation of the criminal case of Levon Gulyan’s death and to eliminate the violations of the person’s rights and freedoms that happened during the preliminary investigation.

The last decision to dismiss the proceedings was made by RA Special Investigation Service CSI (Cases of Special Importance) investigator Gabriel Petrosyan on February 8. Nearly 2 months passed from that day, however attorney Hrayr Ghukasyan, the representative of Gulyan’s successor has not been informed about that. According to him after resuming the proceedings of the case they did not receive any notification or information about the investigative actions that were carried out.

During the last year of his activities CSI Investigator Gabriel Petrosyan was busy with dismissing the case without taking any steps. The same investigator dismissed the case on March 18, 2009, April 16, 2011 and February 8, 2012. And during the interim period Gulyan’s successor exhausted all the remedies of RA court system appealing against the decisions of dismissal for already 5 years.

We learnt about the latest decision to dismiss the case after sending and inquiry and several calls to the RA Investigative Service. CSI investigator Gabriel Petrosyan answered our written questions in 3 days and only in one sentence: “The criminal case is dismissed on the basis of the absence of corpus delicti” without even mentioning the date of dismissal.

Attorney Hrayr Ghukasyan thinks that investigative actions were not carried out and that the body of investigation is not inclined to reveal the real circumstances of Gulyan’s death.

The representatives of Gulyan’s successor applied to the Prosecutor General asking to provide information about the investigative actions.

“They only answered that the proceeding is resumed and that the case is being investigated by the same investigator. Since then they have not notified about any action and we do not know what actions were carried out”, Hrayr Ghukasyan informed www.hra.am

According to Hrayr Ghukasyan the dismissal of the case is not only obvious irreverence to the memory of Levon Gulyan and his family, but also contempt to the whole court system of Armenia, because the precedents of the Court of Cassation are not implemented.

At the end of February the representatives of Gulyan’s successors Hrayr Ghukasyan and Aram Karakhanyan submitted the initial appeal on Gulyan’s case to the European Court of Human Rights. They received the confirmation from ECHR and have 2 months to send the main appeal.

Arman Danielyan, president of “Civil Society Institute” NGO, thinks that we can conclude two things about the body of investigation that appeared in a “helpless” condition: “Either the body of investigation is unable to conduct the proper investigation of the case and they need to make serious personnel conclusions, or if the case is not disclosed deliberately, then those people should be subjected to criminal liability”, thinks Arman Danielyan. 

According to him it is obvious that the Republic of Armenia will lose the case of Levon Gulyan submitted to the ECHR.

“The body of preliminary investigation continually ignores the decisions of the court and does not implement the actions mentioned in the court judgments. Moreover, the court decisions on resuming the case are always appealed by the prosecution, which can be interpreted as a clear statement that they do not want to disclose the case”, says Arman Danielyan adding that the period of five years proved that the Special Investigation Service is doing its best not to let the case be disclosed.  

Author Մերի Ալեքսանյան
Source www.hra.am