The Murder Case Will Be Reopened: The Name of Manvel Grigoryan's Nephew is Circulating

The Court of Cassation of Armenia has accepted a request and is reviewing the appeal submitted by the Armenian military prosecutor's office to annul the decision made by the Ashtarak district court regarding a murder case from 25 years ago, based on newly revealed circumstances, and to send the case back to the first instance court for a new trial.

In July 2018, a statement was received by the Vagharshapat division of the Armenian police from E.P. regarding the intentional murder of his father, M.P., by H.G. during a dispute in a restaurant complex located in the Taronik village area of the Armavir region on April 16, 1994. However, the real circumstances of the incident were distorted, resulting in H.G. receiving only one year of imprisonment.

During the preparation of materials based on the provided statement, E.P. reaffirmed the information he had disclosed, adding that specific eyewitnesses had also told him about the incident. Later, H.G.'s uncle, M.G., came to their house and threatened his grandfather so that he would not file a complaint, prompting the family to flee Armenia out of fear.

During the preparation of materials, it was revealed that an official document signed by the Deputy Minister of Defense of Armenia dated March 13, 1993, stated that M.P. was killed on April 16, 1994, while performing his official duties.

As a result, a criminal case was initiated on August 6, 2018, under Article 314, Part 1 of the Criminal Code of Armenia for inserting obviously false information or records into official documents by an official due to personal motivations or group interests.

During the initial investigation conducted by the Military Investigative Main Directorate of the RA Investigative Committee, extensive investigative measures, procedural actions, and operational-search activities were carried out, under proper prosecutorial supervision, resulting in factual information that M.P., the director of the “Toch Pribor” factory in Ejmiadzin, went on April 16, 1994, to a restaurant located near the lake in Akna Lich village with three other individuals. After dining, several individuals approached them in the restaurant’s yard, including H.G. A dispute and scuffle ensued, during which H.G. pulled out a firearm, fired into the air, and then shot in the direction of Mher Poghosyan before quickly fleeing the scene. M.P. was taken to the hospital but succumbed to his gunshot wounds.

The investigation found that on April 17, 1994, a criminal case was initiated under Article 99, Point 6 of the Criminal Code adopted in 1961, in the initial stages H.G. was charged under Points 2 and 6 of the same article for committing murder with minor motives in a manner dangerous to many lives. However, on April 26, 1994, a decision was made to modify the charges against H.G., and on December 19, 1994, the Ashtarak district court found him guilty of causing the death of M.P. with a firearm, violating regulations for handling weapons, and sentenced him to one year of imprisonment under Article 259.1, Point B of the Criminal Code adopted in 1961.

During the investigation, M.P.’s archival case was confiscated from the Ministry of Defense. Examination revealed that he was granted the status of a fallen soldier despite evidence showing that M.P. had no relation to military service and was not involved in combat operations. Additionally, it was noted that M.G. provided a statement that M.P. was killed on April 16, 1994, in the village of Mataghis in the Martakert region of the Republic of Artsakh, which contradicted other factual data available in the criminal case, particularly the court ruling. Furthermore, it was found that on June 1, 2002, M.P. was posthumously awarded a medal for bravery by the second president of Armenia for showing courage and sacrifice while defending the homeland's borders.

Considering that new circumstances have emerged during the criminal case investigation that were unknown to the court when issuing the ruling, and which evidently demonstrate the crime committed by H.G. was more serious than what he was convicted for, the Armenian military prosecutor Vahe Harutyunyan announced on December 10, 2018, that a new investigation was initiated based on these new circumstances.

Based on the factual data acquired during the investigation of the case initiated in 2018, and an analysis of the ruling made in 1994, it became evident that the court ruling was not lawful or justified, as the court misapprehended the evidence gathered and, by convicting H.G. under Article 259.1, Point B of the previous Criminal Code of Armenia, violated substantive and procedural laws. In the context of the jurisprudence of the Court of Cassation of Armenia and the European Court, it became clear that the investigation and trial concerning M.P.'s unlawful deprivation of life were conducted with evident shortcomings and violations of criminal procedural norms. Given all the aforementioned circumstances, the Armenian military prosecutor Vahe Harutyunyan submitted an appeal requesting the annulment of the ruling made regarding this murder case from 25 years ago based on newly revealed circumstances and to send the case back to the first instance court for a new examination. The appeal is currently under judicial review.