Grandmother of Toddler Who Died from Domestic Violence Claims Hitting Child was for Comfort

The grandmother of a 1.5-year-old child who died due to domestic violence in the Ararat region, Nune Vardanyan, insists that she hit the child not to cause physical pain or suffering, but to soothe him, just as any parent would "hit the child on the back" to calm them down. This was stated by Vardanyan’s lawyer, Virab Davtyan, in an interview with 'Factinfo'.

It should be noted that on February 7, 2021, a young boy was taken to Masis Hospital in a lifeless condition. According to preliminary findings, the cause of death was identified as traumatic brain injury, and several other injuries were found upon external examination of the body. Furthermore, it was revealed that on February 6—the day before his death—the child's stepfather struck the child forcefully on the head with a fist to "silence" his cries, after which the child slumped onto the couch. He then covered the child with a blanket and continued to punch him several times on the head and back, before forcibly putting him into a washing machine and continuing to strike him on the head.

A criminal case has been initiated regarding the child's death, with charges brought against the child's stepfather under Article 119, Part 2, Points 3 and 5 of the RA Criminal Code for inflicting severe physical pain or mental suffering to a minor by a group of individuals, and under Article 104, Part 1 for murder. The child's mother and step-grandmother are also facing charges under the same Article 119 for causing severe physical pain or mental suffering to the child as a group. Both the child's mother and stepfather have been detained, while the step-grandmother is under a signature obligation not to leave.

According to Vardanyan's lawyer, Virab Davtyan, his client has been charged with torture, and the prosecuting authority has information that the child was hit. However, this raises the question of whether hitting the child can be considered torture. Vardanyan claims that every grandmother smacks a child to soothe them. “The hit is not intended to cause physical pain or suffering, but to calm the child,” noted the lawyer.

When raised about the external examination revealing several injuries on the child's body and the death resulting from a brain injury, indicating something beyond a simple ‘soothing hit,’ Davtyan responded that there are three accused in this case, questioning who actually inflicted the injuries, and stressed that even the preliminary investigation body lacks precise information about the origins of the bruises.

“It’s clear that the child was harmed and suffered, and that his death is a consequence of violence. Still, it remains uncertain whose actions led to it, and the investigation has no solid evidence either. The characteristics of torture in criminal law specifically apply to intentional acts, and there needs to be a clear intention to inflict pain on the victim. If the prosecuting authority cannot substantiate that Nune Vardanyan acted with such intent, the charges are baseless,” emphasized Davtyan, adding that the assessment of her actions by the prosecuting authority is inaccurate.

Regarding the investigation process, the lawyer noted that there has only been one interrogation involving him, and no confrontation has yet taken place, but that it certainly will. He did not elaborate on whether there are testimonies against Nune Vardanyan.

Addressing the matter of his client giving the child “Dimedrol,” the lawyer mentioned that Nune Vardanyan is not a doctor and thought the pill was a painkiller, which could potentially ease the child’s suffering. “I have nothing to say; if the individual lacked appropriate medical knowledge, they had no right to give such medicine to the child. But can this be seen as torture? Certainly not,” he said, adding that they live in extremely difficult conditions that affect their mental state and thinking. The lawyer clarified that he does not justify the actions but emphasized the need for a realistic appraisal of the situation for an accurate understanding.

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