Sasha Davtyan

Case description

Police officers who tortured Sasha Davtyan and his daughters were not held responsible so far.

General description of the case  

In September 2008 a criminal case was opened into the fact of rape of under-age girl, resident of the Katnaghbyur village in Aragatsotn region. On February 6, 2009 the case was suspended due to the lack of identification of the perpetrator of the crime. In May 2009 the case was re-opened under the new investigator. Sasha Davtyan, father of the girl was charged for rape of his own daughter Sh. D. and for torturing of his two daughters Sh.D and T.D. according to the Articles 138.2 (3), 119(2) and 119.2 (3) of the RA Criminal Code which foresee 4-10 and 3-7 years of imprisonment respectively.

In August 2009 Sh.D and T.D refuted their testimonies and filed a complaint to the RA Prosecutor's General Office. Sh. D who had turned 18 in April 2009 during one of the trial sessions informed how these testimonies were taken from her. She said that she and her sister were taken to the Kentron Police Station on May 7, 2009 and they were subjected to torture, inhumane and degrading treatment during 4 days and were forced to confess that Sasha Davtyan indeed tortured and raped Sh. D. Testimonies received under the physical pressure served as a ground for accusation.

As for Sasha Davtyan, he was repeatedly beaten and was also subjected to torture.

On 5 February, 2010 President of the International Federation for Human Rights (FIDH) Mrs. Souhayr Belhassen together with Mr. Arman Danielyan, Civil Society Institute (CSI) President visited him in prison and documented his testimony on the ill treatment he was subjected to and certified that he had lost 8 teeth as a result of being beaten. They also met with the head of "Nubarashen" prison and the prison's doctor who presented the documents, certifying Mr Davtyan's very bad state upon his arrival in prison. 

On December 17, 2009 the Court of First Instance of Aragatsotn region acquitted Sasha Davtyan regarding the rape of his daughter. However, despite the obvious physical pressure he and his daughters faced during the custody, the Court found him guilty for committing the crime of ill-treatment against his daughters and was convicted for 4 years of imprisonment based on Article 119.2 (1). 

On January 14, 2010 Sasha Davtyan appealed the decision of the Court of First Instance at the Court of Appeal. On February 26 the Court of Appeal launched and finished examination of Sasha Davtyan's appeal where he requested to overturn partially the decision of the Court of First Instance (Article 119 of Criminal Code of Armenia, torture) and mitigate the punishment. The Court of Appeal revised decision of the Court of First Instance and replaced 4 years of imprisonment with 3 years and released him from the court room based on the Decree of the National Assembly on the amnesty.

On March 16, 2010 RA Prosecutor's General Office lodged a complaint with the RA Court of Cassation against the decision of the RA Court of Appeal. The complaint was returned.

On March 9, 2010 FIDH and CSI issued a statement where they welcomed the release of Sasha Davtyan and called for an immediate investigation of the alleged use of torture against him.

Police officers who tortured Sasha Davtyan and his daughters were not held responsible so far. 

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