Three Individuals Made False Accusations in Case of Serious Bodily Injury to Armenian Armed Forces Officer Ara Mkrtchyan
The investigation department of the Armenian Investigative Committee has concluded its preliminary investigation into the case concerning the serious bodily injury inflicted on Armed Forces officer Ara Mkrtchyan in Yeghegnadzor, where three individuals made false testimonies.
On September 17, 2019, around 23:40, during a dispute among a group of individuals in the yard of building 5 on Arsenyan Street in Yeghegnadzor, Ara Mkrtchyan, an officer in the operational division of the Ministry of Defense, sustained a severe head injury. The incident led to legal proceedings initiated under the first part of Article 112 of the Armenian Criminal Code.
During the preliminary investigation conducted by the regional investigative department in Vayots Dzor, three eyewitness soldiers, identified as L.H., M.M., and M.H., testified that during the incident, Zaven Grigoryan, along with several other individuals, had deliberately struck Ara Mkrtchyan on the head multiple times, causing life-threatening injuries. On October 2, 2019, Zaven Grigoryan was arrested on suspicion of committing a dangerous crime as outlined in the second part, sixth point of Article 112 of the previous Armenian Criminal Code, and was formally charged the following day under the same article.
On July 17, 2021, the criminal proceedings against Zaven Grigoryan's brother, Harutyun Grigoryan, who had been charged with the same offenses, were forwarded to the Armenian Prosecutor General's Office, where the indictment was confirmed, and the case was sent to court, subsequently leading to a guilty verdict.
However, the investigation into Zaven Grigoryan continued, during which it was established that he had not been involved in the incident. Furthermore, it was found that he had arrived at the scene only after the incident concluded.
As a result, the prosecutorial body concluded that there was no evidence of criminal activity on the part of Zaven Grigoryan, and decided not to pursue criminal charges against soldiers L.H., M.M., and witness M.H., due to the lack of false testimony elements in their actions. These decisions were appealed by Zaven Grigoryan’s defense, and the appeal was granted.
The First Instance General Jurisdiction Court of Yerevan recorded that Zaven Grigoryan had not been involved in the incident, noting the apparent elements of group false testimony in the actions of the three soldiers, which necessitated the restoration of Zaven Grigoryan’s rights and freedoms. Based on the court's decision, the supervising prosecutor revoked the earlier decision to terminate the criminal prosecution against the three soldiers and the renewed investigation was initiated into their false testimonies regarding serious criminal conduct.
Throughout the investigation, Zaven Grigoryan was recognized as a victim. Based on the evidence gathered, charges were filed against soldiers L.H., M.M., and M.H. under the second part, first point of Article 333 of the Armenian Criminal Code (previously Article 476, second part, third point), for knowingly providing false information, as they testified as victims and witnesses regarding the severe bodily injury to Ara Mkrtchyan caused by Zaven Grigoryan, his brother, and several other individuals, involving multiple strikes to Ara Mkrtchyan’s head and body.
For the accused individuals, a restriction on leaving was imposed. The preliminary investigation has concluded, and the case materials have been forwarded to the supervising prosecutor for approval of the indictment and submission to the court.
Following the events of Ara Mkrtchyan’s death, a criminal case was initiated by the Investigative Committee’s Military Investigative Directorate under the second part of Article 187 of the Armenian Criminal Code, and the investigation is ongoing.