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Domestic Violence Victim ‘Mocked and Humiliated’ by Yerevan Judge

Mariam Khachatryan in the courtroom

Yerevan woman Mariam Khachatryan was periodically subjected to physical abuse by her husband, Seyran Hovhannisyan, during the 20 years of their marriage. Even after their divorce, her former husband continued to frequently initiate arguments with the woman and beat her: on October 8, 2016, in particular, Hovhannisyan came to Khachatryan’s house in a drunken state, argued with her and struck her in the head and on her body multiple times. The woman filed a report with the police, who launched a criminal case under article 118 of Armenia’s criminal code (battery). The case is currently being heard in the Ajapnyak and Davtashen district court, and according to Coalition to Stop Violence against Women coordinator Zaruhi Hovhannisyan, the proceedings are being conducted in violation of the woman’s rights.

Speaking to Epress.am on Tuesday, Hovhannisyan said that, according to Khachatryan, she was subjected to beatings and humiliation not only by her husband but also his family members. Moreover, the spouses’ 6 children were also exposed to violence on multiple occasions, as a result of which, Khachatryan said, they have acquired various diseases.

Despite her sons being against the divorce, Khachatryan, unable to bear the constant beatings, finally decided to legally separate from her husband. Nevertheless, Hovhannisyan did not leave the woman alone even after the divorce,, and under the pretext of meeting with the children, he periodically came to her house, provoking drunken brawls and fights.

The first complete case hearing took place on February 15 and was conducted with numerous violations of the rights of the plaintiff. Khachatryan’s lawyer, Nona Galstyan, has hence appealed to the Council of Justice of Armenia, the Armenian president, the justice minister, and the Ombudsman’s office, asking to bring judge Tatevik Grigoryan to disciplinary liability.

According to the lawyer, the judge deprived Khachatryan of her right to counsel, mocked the woman and isolated her. “At the request of the plaintiff, I went to the court hearing as her legal representative. In this regard, I motioned to the judge to postpone the hearing to allow me to get acquainted with the case materials. The judge denied the motion, claiming that the postponement would delay the investigation of the case, which she said she found ‘unnecessary,’” Galstyan wrote in her appeal, insisting that the judge had thereby attempted to hinder her participation in the proceedings.

In the course of the hearing, as Khachatryan testified about the violence against her by her former husband, the woman began to complain of feeling unwell; the judge, however, ignored Khachatryan’s complaints and again refused to postpone the hearing, making her stand up and continue her testimony.

“Grigoryan’s conduct does not befit a judge; she ignored the plaintiff’s severe psychological state and the sharp deterioration of her health, and, with an emphasized humiliating attitude towards Khachatryan, she forced her to carry on with her testimony. The judge justified her decision not to postpone the hearing by insisting that the defense had not presented sufficient data and documents regarding the impossibility the plaintiff’s participation in the hearing,” the lawyer continued.

The judge, according to Galstyan’s appeal letter, would repeteadly interrupt the hearing due to Khachatryan’s ill health, ordering the bailiffs to isolate the woman so that she was unable to communicate with anyone; “Gevorgyan, in essence, not only deprived the plaintiff of legal counsel, thus putting her in a helpless situation and dishonoring the institute of legal representation, but also unreasonably limited the rights of the plaintiff to freedom of movement, thus humiliating her dignity and grossly violating her human rights. Being in an extremely poor health state, the plaintiff was forced to remain under the control of the bailiff and was deprived of the opportunity to communicate with anyone or seek medical assistance.”

Upon finding out that during one of the breaks the woman had left the courtroom to go to the doctor, the judge decided to penalize the plaintiff for AMD 30 000 ( about $ 61). “It is unquestionable that judge Tatevik Grigoryan’s unlawful actions – the plaintiff’s deprivation of legal counsel, her isolation, the neglect of her health issues, and the biased attitude towards her testimony – can be considered a manifestation of discriminatory conduct aimed at further humiliating the victim of domestic violence,” lawyer Galstyan’s appeal read.