Vitaly Balasanyan's Son and Brother Released After Interrogation: Lawyer
The health condition of Hero of Artsakh, General Vitaly Balasanyan, has deteriorated, and he has been transferred to a hospital for examination. This was stated by lawyer Rafael Martirosyan in a conversation with "Pastinfo." Vitaly Balasanyan was arrested on suspicion of threats of violence against a representative of the authorities under Article 337, Part 1 of the Criminal Code of the Republic of Artsakh.
In addition to Vitaly Balasanyan, law enforcement also arrested his son, Arthur Balasanyan, and his brother, Vachik Balasanyan, who have since been interrogated and released. A complaint against the legality of Vitaly Balasanyan's arrest was rejected by the court. Also arrested was Balasanyan’s nephew, Garik Yuzbashyan.
Rafael Martirosyan, Vitaly Balasanyan's lawyer, stated that the complaint submitted to the court recorded that the purpose of the arrest was essentially to prevent the commission of a crime and to prevent the escape after committing a crime. However, such a purpose was not present in the record. The court, in rejecting the complaint, found that “it is apparent from the decision what the purpose of the arrest is.” According to the lawyer, the court ruling is contradictory, unsubstantiated, and strange: “Qualitatively, regarding the interpretation of law, this judicial act is of course negative in terms of ‘investigative pearls.’”
After the arrest, Vitaly Balasanyan was interrogated and expressed his willingness to provide testimony, detailing the circumstances. He has not yet been charged with any offenses.
Rafael Martirosyan stated that Vitaly Balasanyan's health had deteriorated, necessitating his transfer to a hospital. When asked whether this deterioration might be associated with injuries sustained due to disproportionate use of force, the lawyer mentioned that Vitaly Balasanyan had previously undergone medical intervention related to heart issues, which may have contributed to the worsening of his health.
“It is evident that there are bodily injuries on Balasanyan’s body. The application of such physical force during apprehension was not proportional, especially since Balasanyan did not resist, and it was not explained to him that they were taking him into custody. Vitaly Balasanyan simply stated that their actions were unlawful and did not comply with the provisions of the Criminal Procedure Code and the Law on Investigative Bodies. That’s all. However, when they attempted to apprehend him, there was a struggle and his hands were twisted, during which time he sustained injuries,” said the lawyer. He noted that, according to the testimonies of the NSS officers, Vitaly Balasanyan put up resistance, while the defense has claimed that there is evidence, including witnesses, who will testify about Balasanyan’s compliance.
The investigator has decided to appoint a forensic medical examination for Vitaly Balasanyan.
It should be noted that the act specified in Article 337, Part 1 of the Criminal Code of the Republic of Artsakh is punishable by a fine of three hundred to five hundred times the minimum wage or detention for a maximum period of one month, or imprisonment for a maximum period of five years. Thus, according to the lawyer, the public danger of this crime is low, and therefore the possibility of arrest diminishes.
When asked whether law enforcement was trying to isolate Vitaly Balasanyan from any processes, Martirosyan replied, “We find it difficult at this stage to state whether these actions have political motives or not. Moreover, I posed a question to Mr. Balasanyan about whether this is viewed in a political context, and Mr. Balasanyan stated that it is still uncertain, and he cannot clearly state that he is being politically prosecuted, but the further developments will certainly reveal what the purpose of Mr. Balasanyan’s arrest is.”
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