Artak Nazaryan

Case description

The case description 

According to the official version on July 27, 2010 Artak Nazaryan committed suicide in the place of military service, but his relatives claim that he has been murdered. The incident took place in one of the military bases taken under the control of "Mehrabner" military unit, which is situated not far from Tavush marz, Berd district, village Chinari.

Artak Nazaryan served contractual service from December 2009. His parents saw him last time on the beginning of July, 2010, when they went to Artak's rented flat in Artsvaberd. His mother returned on 11 July and his father returned on 17 July. Artak Nazaryan spoke to his parents on the telephone last time on July 24, afterwards his telephone was switched off. 

The preliminary investigation carried out by the Investigation Service under RA Ministry of Defense is finished and the case was submitted with the court with the qualification of "Causing to commit a suicide".  The judicial process was launched in September 2011 in the Court of First Instance of Tavush marz, by presidency of Samvel Mardanyan.

Five of his co-serviceman- The Deputy Battalion Commander on Personnel, Captain Hakob Manukyan, the sergeant of neighboring military base "Luys", lieutenant Vahagn Hayrapetyan, three private soldiers from the platoon of A. Nazaryan-Mkhitar Mkhitaryan, Adibek Hovhannisyan, Harutik Kirakosyan.

The successor of the victim is Artak Nazaryan's mother Hasmik Hovhannisyan, who is represented by attorneys Mushegh Shushanyan, Seda Safaryan and human rights activist Ruben Martirosyan.

The Nazarians claim that the preliminary investigation was carried out with illegalities, summing up to the destruction and falsification of evidences: destruction of material evidence cartouche (cartridge-case) and presenting false cartouche to the expert, the destruction of finger-prints from the machine gun by the body of investigation, the destruction of three document-photos sent by the center of forensic expertise and so on.

In the investigation materials, volume 5 of the criminal case, there is one document, according to which Nazaryan's corpse was found not on the hill, but in the trench, but it is unknown how the corpse appeared in the hill from the trench. Artak's corpse was decayed, and the witness claimed in the court that the incident took place not on 26, but on 27 July.

According to the forensic expertise there were 54 injuries on different parts of his body.  No investigative actions were implemented to find out how and by whose physical influence were caused the injuries that appeared immediately before and 6 hours before his death. Only those conflicts were examined that took place 2 and more days before his death.

His attorneys also do not understand how he managed to commit suicide if all the 120 bullets given to him were in their places.

During the preliminary investigation they refused to provide and introduce nearly all the materials to the injured, making a reference to the pretrial secrecy. Only the decisions on implementing expertise and their conclusions were provided.

As a result of not having the pre-trial materials the Injured was deprived of the opportunity to take part in the preliminary investigation. Refusing to provide the materials the body of investigation  made a reference to the RA Criminal Procedure Code Article 59,  part 1, point 9, "from the moment of   accomplishment of the preliminary investigation," provision and the 1 part of 201 article. The appeal of the Injured on getting the materials passed through all RA Judicial Instances and was dismissed.

Hasmik Hovhannisyan, Artak Nazaryan's mother, has applied to the Constitutional Court (hereinafter CC) with a petition to examine the issue of incorrespondence of the above mentioned articles with the Constitution.  On January 24, 2012 the CC examined the application and dismissed it considering that the provision "From the completion of preliminary examination" of RA Criminal Procedure Code Article 59, part 1, point 9, and the 1 part of 201 article are in compliance with the RA Constitution.

From September to November 2011 7 court sessions took place, and three were delayed.

Based on the petitions of the Injured the court sessions took place in the Shengavit District Court of General Jurisdiction of Shengavit district of Yerevan by the presidency of the same judge, however Judge Samvel Mardanyan changed his decision declaring that the court sessions would take place in the town Ijevan of Tavush marz.

  • “The brother of witness Arthur Mkrtchyan is taken as hostage by the military police”, says RoubenMartirosyan

    16.05.2012 | News
    On May 15, the regular hearings of the trial on the death of Artak Nazaryan, started but in reality did not take place in the First Instance Court of Tavush marz. At the beginning, the judge SamvelMardanyan, postponed the session for 10 minutes, because defendant Haroutik Kirakosyan, who continues his military service and is not detained, was not brought to the court in time. The judge reprimanded the officials of the Military Police, who accompanied the defendant, for being late, who in their turn blamed the bad state of roads of Dilijan for their delay.

  • “My Son was Brutally Tortured and Murdered”

    16.12.2010 | Point of View
    Hasmik Hovanisyan, mother of contract serviceman, lieutenant Artak Nazaryan, who has died in suspicious circumstances in one of the Tavush province military units, was also in front of the Government Building on December 16, 2010. According to the official version, A. Nazaryan was instigated to commit suicide. His relatives, however, insist that Artak was brutally tortured and murdered.