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Russian Military Base in Gyumri is Obstructing Justice in Armenia 

Helsinki Citizens’ Assembly Vanadzor human rights organization rings alarms to the Government, National Assembly and the President of Armenia to use their powers of restoring constitutional order in Armenia by eliminating the obstruction to justice that has been exercised by the Russian military base N 102 since 2018 over the case of Julieta Ghukasyan, a resident of Gyumri that fell victim to the abuse of serviceman Razgildyev, serving at the Russian base.

The human rights organization is the legal representative of Ghukasyan՛s successors and has been fighting for protecting her interests for about two years. The organization claims that the Military base is obstructing trial over Ghukasyan’s case by keeping defendant Andrey Razgildyev in apprehension at the military base and not handing him over to Armenian law enforcement bodies, neither does it ensure Razgildyev’s presence at trial hearings. Thus, since August 2019, no trial session has been held hearing the substance of the case.

Julieta Ghukasyan, a resident of Gyumri and a street cleaning worker of the municipality, was assaulted by Andrey Razgildyev on December 2, 2018 on the street, while carrying out her work. Officially serving at Russian Military Base N 102 stationed in Gyumry, Razgildyev has been charged for a criminal offense under Article 112, Part 2, Clause 14 of the Armenian Criminal Code for intentionally inflicting a severe damage to Julieta Ghukasyan’s health. It was found that Razgildyev, heavily drunk, started beating Julieta while she was carrying out her work on the street, then ran away. Julieta did not survive the injuries and died after being hospitalized.

Armenian law enforcement bodies have not been able to apprehend Razgildyev as he has since been held at the Russian Military Base N 102. HCAV lawyers, the representatives of Julieta’s successors, claim that Commander of the Base, Martinyuk has been repeatedly obstructing implementation of justice, while the prosecutor in charge of the indictment and the judge hearing the case have not made ample efforts to eliminate this obstruction. HCAV has turned to the European Human Rights Court over the actions of the prosecutor that has been repeatedly rejecting motions to apprehend Razgildyev and has agreed that he be kept at the Russian Military Base, which is by no means a correctional institution listed in Armenia.

The indictment was sent to the Court in 2019 and since August 2019 court hearings were appointed none of which have been held substantively. The Military Base’s commanders always find unlawful reasons to reject Razgildyev’s presence for trial. First, Commander Martinyuk resorts to the bilateral agreement between Armenia and Russia over the stationing of the Russian Military Base in Armenia by which he interprets that Razgildyev’s act was not held on Armenia’s territory, therefore he cannot be handed over to Armenian law enforcement bodies. He then wrote to the court demanding safety safeguards for Razgildyev, and having not received anything above what is already envisaged by law, he rejected Razgildyev’s participation in court hearings. Another time, Martinyuk pointed out to the COVID-19 pandemic and stated that Razgidlyev’s participation in the court hearing would put his health in danger due to the infection.

Helsinki Citizens’ Assembly Vanadzor has prepared a detailed note of Razgildyev’s case and how Julieta Ghukasyan rights continue to be violated on Armenian land. The organization also points out to the inaction of Gyumri prosecutor and judicial bodies to restore justice and eliminate such obstruction to justice. Details of the analysis of the case can be found here.

 

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