Deadlocked Investigations Led to Violations of Plaintiffs’ Rights, Armenian Court Rules

Armenian investigator's and public prosecutor's many errors and delays caused deadlocks in the investigation of two separate criminal cases of domestic violence and property damage, as well as led to violations of the victims' rights,  Robert Papoyan, judge of the Court of General Jurisdiction of Malatia-Sebastia administrative district of Yerevan, ruled on September 9 after considering the appeals by lawyers Givi Hovhannisyan and Garik Malkhasyan. The court obliged the preliminary investigation body to eliminate the violations.

In a conversation with Epress.am Givi Hovhannisyan said her clients are two women – mother and daughter – who've been subjected to physical abuse by the daughter's husband. The two months within which the preliminary investigation should normally had been completed passed, and the investigator motioned to the prosecutor for an extension. However, the motion was denied since it had not been submitted within the 3-day submission period. 

“Thus, the preliminary investigation of the case stopped. Meanwhile, the crime happened again: the two women were once again beaten by the husband, after which he was arrested. In other words, the delay led to a new offense,” Hovhannisyan stated.

Lawyer Garik Malkhasyan's appeal was related to a property damage case. The plaintiff's car had been damaged by another car; however, the preliminary investigation was brought to a standstill, which made it impossible to restore the victim's rights.

“The Court of First Instance appealed to the Constitutional Court. The Constitutional Court found that there had been an omission in the case, and Papoyan ruled to oblige [those responsible] to eliminate the violation. Experience shows that the prosecutor will appeal this decision instead of eliminating the error. We think the case will reach the Court of Cassation,” Malkhasyan said.