Emil Budaghyan, the father of Avetik Budaghyan who died in a shootout near the house of Syunik Governor Surik Khachatryan, has filed an appeal to the European Court of Human Rights, reports Pastinfo.am.
According to Emil Budaghyan’s representative, lawyer Hayk Alumyan, in the appeal they have asked the ECtHR to recognize the violation of Article 6 paragraph 1 and 2, as well as Article 2 and Article 10 of the European Convention on Human Rights.
Article 6 (the right to a fair trial) paragraph 1 states that everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal, while paragraph 2 affirms that everyone charged with a criminal offence shall be presumed innocent until proved guilty, i.e., until a verdict enters force.
Meanwhile, in Avetik Budaghyan's case both these paragraphs have been violated: Avetik Budaghyan has been found guilty by the investigator, without a court verdict, while a criminal prosecution was not implemented based on his death.
While the investigator decided to suspend the criminal prosecution of the Governor’s son Tigran Khachatryan, as well as Zarzand Nikoghosyan, the state did not implement its responsibility toward an effective investigation, which signifies the violation of Article 2 of the Convention (the right to life).
According to Hayk Alumyan, Article 10 (freedom of expression) was also violated, which includes the right to information. The lawyer had earlier petitioned the the President, Minister of Justice, and PM to confirm or deny the circulating news of them being present at Surik Khachatryan’s son's wedding.
Hayk Alumyan stated that in the complaint to the EctHR it would be written, that if certain officials, who have authority over the judicial system, are considered so close [to Khachatryan] that they participate in their weddings, then for him the national courts are considered ineffective.
Recall, that in the evening of June 1st, 2013 near Syunik Governor Surik Khachatryan’s home former Goris mayoral candidate Avetik Budaghyan was killed and his brother Artak Budaghyan injured. In the frame of the initiated criminal case Surik Khachatryan’s son Tigran and security guard Zarzand Nikoghosyan was arrested. Subsequently, the two were later released because the investigative bodies claimed they were acting in self-defense.