On Friday, April 3, the RA Court of Appeal heard the complaint lodged by Heritage Party MP Zaruhi Postanjyan against the verdict of the Court of First Instance, in which Judge Gagik Poghosyan had ruled that the Prosecutor's office of the Republic of Armenia did not display inaction in the investigation of the massacre of the Avetisyan family in Gyumri.
Recall, Postanjyan addressed a letter to RA Generel Prosecutor Gevorg Kostanyan in late January, demanding that a criminal case be initiated on a few episodes related to the investigation of the murder of the Avetisyan family. Receiving no response, the MP filed a suit against Kostanyan, accusing him of incompetence.
Meanwhile, Judge Poghosyan found justified the clarification provided by the Prosecutor's office, according to which the Prosecutor had sent the case to the Special Investigation Service where it would be examined, so to blame the structure of inactivity was groundless.
The Prosecutor's office appealed to the SIS with only one of the issues raised by Postanjyan, i.e., the Russian border guards had violated the law by handing Valery Permyakov, the soldier charged with the murders, over to the 102nd Russian military base, rather than to the Armenian Police. In her letter, Postanjyan had also raised questions regarding Permyakov's illegal attempt to cross the border, as well as his illegal possession of arms. The Prosecutor's office explained at the Court of First Instance that an investigation was underway into the first matter, while a criminal case had already been initiated on the second one.
Today, Zaruhi Postanjyan's representative, lawyer Harutyun Baghdasaryan, presented the complaint at the Court of Appeal, stressing that the Prosecutor's office should not limit itself to sending the claim to the Special Investigation Service, but must also exercise control over the handling of the issue. Therefore, the fact of appealing to the SIS is not sufficient to determine that the Prosecutor's office has performed its duties.
The defense attorney objected, stating that the Prosecutor's office has already received a response from the SIS, according to which there was no criminal intent behind Permyakov's transfer to the Russian military base.
Presiding Judge Mkhitar Papoyan adjourned the hearing until April 8, to give time to Postanjyan's side to become familiar with the SIS decision.
Six members of the Avetisyan family were murdered on January 12 in their Gyumri home. The family’s seventh member, 6-month-old Seryozha Avetisyan, who had serious injuries, was transferred to the hospital and died 7 days later. Russian soldier Valery Permyakov is the central murder suspect of the case and was arrested on January 13th near the Armenian-Turkish border and was handed over to the Russian military base by Russian border guards. The latter stimulated a protest of thousands of people in Gyumri demanding his transfer to Armenian law enforcement.