No one was officially charged for the 10 deaths that occurred on March 1-2, 2008 so far.
General description of the case
In the aftermath of the March 2008 demonstrations relating to the results of the presidential elections, many clashes following the excessive use of force by law enforcement bodies occurred between the police and opposition activists causing a large wave of arrests and detentions. Ten people were killed (two police officers and eight civilians) and two hundred were injured as a result of the clashes.
A state of emergency was declared for 20 days. All public gatherings were banned, media coverage passed under state control, and some independent websites were suspended. On 2 March 2008 criminal proceedings were instituted under Article 225 part 3 of the Criminal Code (mass disorders accompanied by deaths). Although this article was amended and its part 3 was decriminalized in March 2009, the investigation instigated criminal cases under Article 104 (Murder) of the Criminal Code of the Republic of Armenia in March 2009.
More than hundred opposition activists were arrested and tried after the March 1 events. Most of them were accused on trumped up criminal charges and were convicted in what appear to be politically motivated proceedings. (1)
The trials of 1st of March cases started at the end of March 2008. The main charges were based on the Article 225 (Mass disorders) and 316 (Use of violence against a representative of authorities) of the Criminal Code of Armenia.(2) In the Final report on Trial Monitoring Project of the OSCE/ODIHR (conducted in April 2008-July 2009) published on March 8, 2010 there are indicated numbers of shortcomings in the justice system of Armenia, particularly regarding the right to liberty, right to public hearing, presumption of innocence, equality of arms, competitive trial and extent of reliance on police evidence.
In the report the issues regarding the right not to be compelled to testify, the obligation to exclude unlawfully obtained evidence, the right to defense, accelerated trial, contempt of court, judges' impartiality and their professional conduct are presented. (3)
It is recorded that in many March 1st case evidences obtained as a result of torture or coercion served as a basis for accusation. During the trials many witnesses testified to the court that their testimonies were obtained in recourse of physical and psychological pressure and can not be considered reliable. Based on these allegations, 3 criminal cases were launched (Armenian). However those cases were later suspended because of the absence of the crime precedents. A criminal case was opened regarding the false testimony against one of the witnesses (Armenian).
As for the 4 police officers who were sentenced in December 2009 according to the Article 309.2 (exceeding official authorities committed with violence, weapons, or special measures) for 2 and 3 years of imprisonment were released from the court room in June 2009 based on the RA National Assembly Decree on General Amnesty. Moreover, the RA Court of Appeal satisfied the appeal of the police officers and canceled decision of the Court of First Instance on the additional punishment, i.e prohibition to occupy positions in the state and local self government bodies and organization for the one year term.
At the moment all convicts of March 1, 2008 cases are released based on the Decree on General Amnesty declared by the National Assembly of Armenia on June 19, 2009 and on May 26, 2011.
On the 9 of 10 cases of the victims of March 1, 2008 preliminary letters of intention to appeal the lawsuit had been sent to the European Court of Human Rights by the legal successors of the victims.
While the preliminary letters have already been submitted, RA President Serzh Sargsyan during the meeting on judicial legal reforms held on April 20 ordered to investigate cases of March 1st more thoroughly and in details.
On May 16, 2011 RA Prosecutor's General Office circulated the announcement where it informs that for revealing new evidences and facts on the cases of March 1st and 2nd and for informing the public on the inquiry into March 1 cases, every month a meeting will be conducted with the representatives of media.
1. "ADMINISTRATION OF JUSTICE IN ARMENIA" International Federation for Human Rights (FIDH), Civil Society Institute (CSI), Armenian Helsinki Committee, Collaboration for Democracy Center and Foundation against Violation of Law joint briefing paper. Paris-Yerevan, March 2010
2. Right to a fair trial in the Republic of Armenia: Preliminary conclusions from the observation of the trials ensuing from the March 2008 wave of arrests and from recent changes introduced in Armenian legislation International Federation for Human Rights (FIDH) and Civil Society Institute (CSI), June, 2009, Position paper http://www.fidh.org/IMG/pdf/Adm_Justice_25_June_revised_FP.pdf p.9
3. Trial Monitoring Project in Armenia (April 2008-July 2009), OSCE/ODIHR, March 2010
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