On June 15, 2011 the Court of Appeals applied the 2nd sub-point of the 1st point and the 3rd sub-point of the 8th point of the decision on "Announcing Amnesty on the occasion of 20th anniversary of RA Independence" according to which the unserved part of the punishment of the main culprit, the former head of the Charentsavan Department of Criminal Investigation Ashot Harutyunyan was reduced to 1/3, and police officer Mores Hayrapetyan was released. Khalafyan's successor representative Artak Zeynalyan doesn't agree with the decision of the Court of Appeals and aims to appel it at the Court of Cassation.
General description of the case
On April 13, 2010, around 5 pm, 24-year old Vahan Khalafyan died at the police station of Charentsavan town.
Khalafyan and other three men were detained on April 13 in Charentsavan on suspicion of stealing 1.5 million drams worth of goods at the beginning of April, 2010.
On April 14 RA Police Chief Alik Sargsyan stated that they were detained on 4:50 pm while Vahan Khalafyan's mother claimed on April 19 that her son was taken to the police on 10:30 am without prior notification or decision.
Vahan Khalafyan died at the Charentsavan police station as a result of knife stubs in the stomach. According to the press release issued by the Police on April 14, Vahan Khalafyan had committed a suicide.
On April 13 Investigative department of Kotayk region of the RA Special Investigative Service launched a criminal case in accordance with article 110, part 1 of the Criminal Code of Armenia (causing somebody to commit suicide).
Vahan's parents insist that their son could not stub himself twice in the stomach. Therefore, he was murdered.
On November 29 the Court of First Instance of Kotayk Region sentenced the main defendant of the case former head of Charentsavan Police Criminal Investigation Department Ashot Harutyunyan to 8 years of imprisonment according to the Article 309.3 of the RA Criminal Code (exceeding official authorities which negligently caused grave consequences).
Defendant Morres Hayrapetyan was sentenced to 2 years suspended sentence and the police officers of the department Gagik Davtyan and Garik Ghazarian were recognized innocent.
On April 13, 2011 the Prosecutor's Office appealed the decision in the RA Court of Appeal and requested to issue a guilty verdict for Davtyan and Ghazaryan as the Court of First Instance made a mistake and it influences the outcome of the case and violates the essence of justice. Defense lawyer of the victim's legal successor Artak Zeynalyan, defense lawyer of Ashot Harutyunyan and Morres Hayrapetyan - Seda Safaryan also appealed against the decision of the Court of First Instance. On May 17 the Court of Appeal dismissed Artak Zeynalyan's appeals on the fact of violation of Vahan Khalafyan's right to liberty and personal immunity, right to fair trial and life as well as right to not being subjected to torture and inhumane treatment.
On June 15 RA Court of Appeal (chairing judge Aida Hovhannisyan) dismissed the appeals on the case of Vahan Khalafyan, who died in the police custody of Charentsavan town. The Court applied paragraph 1 point 2 and paragraph 8 point 3 of the Decree on declaration of the general amnesty on the occasion of the 20th anniversary of Armenia's independence on the main defendant, former head of Charentsavan Police Criminal Investigation Department Ashot Harutyunyan by reducing his sentence by one third. The court also applied the amnesty to Charentsavan police officer Morres Hayrapetyan, releasing him from imprisonment. Artak Zeynalyan disagrees with the decision of the Court of Appeal and intends to lodge a complaint with the Court of Cassation.
On June 15, 2011 the Court of Appeals applied the 2nd sub-point of the 1st point and the 3rd sub-point of the 8th point of the decision on "Announcing Amnesty on the occasion of 20th anniversary of RA Independence" according to which the unserved part of the punishment of the main culprit, the former head of the Charentsavan Department of Criminal Investigation Ashot Harutyunyan was reduced to 1/3, and police officer Mores Hayrapetyan was released. Khalafyan's successor representative Artak Zeynalyan doesn't agree with the decision of the Court of Appeals and aims to appel it at the Court of Cassation.
Influential international and local organizations reflected Khalafyan's case in their reports.
Human Rights Watch World Report 2011: Armenia
International Federation for Human Rights (FIDH) Death of a suspect at the Charentsavan Police Department (jointly with Civil Society Institute, Armenian Helsinki Committee, Foundation against the violation of law foundation).
US Department of State 2010 Human Rights Report: Armenia
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