Gagik Tsarukyan's Lawyer Submits Report of a Crime Amid Allegations of Illegal Intervention

Gagik Tsarukyan's lawyer, Erem Sargsyan, has submitted a report of a crime to the Prosecutor General of Armenia and the head of the Special Investigative Service via email.

"I am informing you that we have received information during the provision of legal services to Gagik Tsarukyan that, following the annulment of the first instance court's decision to deny the use of arrest as a preventive measure by the appellate court, and after the prosecutor and defense lawyers filed cassation complaints against that decision, it has been 'decided' through the illegal intervention of certain officials that the cassation court must reject the submitted complaints in the shortest possible time. This would expedite the registration of the case in the General Jurisdiction Court of Yerevan, where a prompt examination will lead to the arrest of Gagik Tsarukyan.

Moreover, to avoid unpredictable decisions, it has been 'decided' that the cassation complaints should be rejected within specific timeframes and that the case should be registered in the General Jurisdiction Court of Yerevan, aligning with the duty period of the Central headquarters, where the case would be assigned to Judge Mnatsakan Martirosyan. He is expected to promptly examine the motion and make a decision on the arrest.

Given that credible factual data and evidence confirming this information are available to the defense, as well as evidence that can be obtained through the initiation of a criminal case and investigation, we have submitted a report of a crime to the Prosecutor General and the head of the Special Investigative Service.

The report also highlights actions by competent authorities and officials that differ from standard practices and illustrate their evident interest and discriminatory attitude regarding Gagik Tsarukyan's case, particularly stressing the urgency of the examination of the arrest motion by the preferred judge.

It is pertinent to note that the European Convention on Human Rights and Fundamental Freedoms, the Constitution of Armenia, and the Criminal Procedure Code of Armenia establish that everyone has the right to a fair trial; that is to say, the right to have their case examined by an independent and impartial court established by law.

The aforementioned factual circumstances provide at least reasonable grounds to assert that Gagik Tsarukyan's right is being deliberately violated by certain officials.

As a reminder, the second part of Article 143 of the Criminal Code of Armenia stipulates criminal liability for direct or indirect violations of a person's and citizen's rights and freedoms based on gender, race, skin color, ethnic or social origin, genetic characteristics, language, religion, worldview, political or other opinions, belonging to a national minority, property status, birth, disability, age, or other personal or social circumstances, causing harm to the rights and legal interests of a person and a citizen, committed by using one's official position.

Furthermore, Article 308 of the same code outlines criminal liability for a public official's misuse of their official position in contradiction to the interests of service or failure to perform their duties, driven by selfish interests or group interests, causing substantial damage to the rights and legal interests of individuals, organizations, society, or the state (in cases of property damage, exceeding three hundred times the minimum wage established at the time of the crime).

Article 332, part 3 of the same code provides for criminal liability for any form of obstruction to the court’s activities with the intent to obstruct the administration of justice, committed by a person using their official position.

We hope that the competent authorities will act without constraint, initiate a criminal case in accordance with the relevant procedures, and conduct a complete, objective, and comprehensive investigation to identify individuals who have committed apparent crimes and hold them accountable under criminal law,” Erem Sargsyan wrote on his Facebook page.