ECHR Implicated Jhangiryan’s Governmental Past and Oppositional Present
Finally, after 12 years of submitting the claim, the European Court of Human Rights (ECHR) issued the verdict on “Zalyan and others vs Armenia” case. The case is more known to the public as “Case of Mataghis.” Note, pursuant the criminal case of murder of Hovsep Mkrtumyan and Roman Yeghiazaryan in 2003 in the military unit of Mataghis in Nagorno-Karabakh Republic, the court of Syunik region sentenced Razmik Sargsyan, Musa Serobyan and Arayik Zalyan for 15 years imprisonment 13 May, 2005.
In May 2006 the Court of Appeal changed it to life sentence, however, in December of the same year the Court of Cassation sent the case for review and demanded to free the accused. In December 2012 RA General Jurisdiction Court of First Instance justified the three young men, accused of murder of 2 soldiers, by adjudging them not guilty. ECHR was examining the issue of keeping the three young men in prison illegally and during it eliciting confessions under the influence of torture.
ECHR issued a decision, that there were no violations of Article 3 of European Convention (“inhuman or degrading punishment or torture”),however, other violations of the same Article have been recorded. The Court also found that the right of Zalyan on proper medical assistance wasn’t violated, but his right to freedom has been trespassed upon the same Article.
ECHR decided, that the Government of the Republic of Armenia should pay EUR 50 thousand compensation to the applicants. Zaruhi Postanjyan, “Heritage” Faction MP, who formerly was the advocate of the three young men, considers decision by the ECHR precedential and considers it may have some preventive character. At yesterday’s NA briefings Z.Postanjyan stated that the Republic of Armenia, unfortunately, is not a democratic country, jurisdiction doesn’t fully function, as a result of which lots of Armenia’s citizens are unfairly in prison, and real criminals and murderers are in freedom. This verdict, according to the MP, is crucial from the perspective of protection of rights of our citizens, as 12 years before, when Armenia had been a member of CoE for 2 years, nobody believed that he/she might appeal to the ECHR to protect his/her rights.
According to him, however, 12 years later, justice was recorded, although there is a big loss as well, people lost their health, mother of one of them died due to health conditions, “It was a rather hard way. Although its sounds that EUR 50 thousand is considerable money, it can never replace the years these 3 young men spent in prison.”
In those years, military prosecutor was Gagik Jhangiryan, currently NA ANC faction member. Z. Postanjyan memorized when they were going to apply to the ECHR, Jhangiryan ironically said, “When should the European Court of Human Rights pass on to your issue, 10 or 20 years later?”
The MP noted maybe 12 years is much, however, likewise examples should more inspire, and one shouldn’t abandon struggle and lose faith.
To the question of “168 hours” how she politically comments that G.Jhangiryan is currently in the opposition, and RPA announces he is responsible both for the good and the bad of those years, Z.Postanjyan replied that roots of forgery are not only conditioned by G.Jhangiryan, but by elections of 1995, and democracy state of Armenia depends on the process of holding elections.
“If we could have been able to hold genuine elections, this system couldn’t have lasted long. People of the system of 1995 didn’t leave, and it currently functions as well, and people of the system act under various namings. They should all leave, they shouldn’t have their place in politics, represented by Gagik Jhangiryan, Serzh Sargsyan, Levon Ter-Petrosyan, Robert Kocharyan, as through them this system was born, and they should leave it,” Z.Postanjyan said.
In her opinion, this is not only the victory of the 3 young men, but all society members, who united for that.
Levon Zurabyan, Head of ANC faction, refused to comment decision by the ECHR, reasoning he isn’t familiarized with the details. “Everything should be done in compliance with the law. The topic may be closed, I have nothing to add,” he said. To our observation that Gagik Jhangiryan himself is accused of imposing violence against the 3 young men (the ECHR press release states that “they were moved to the room of the military prosecutor, where intolerable attitude towards them was continued”), Zurabyan only mentioned that the issue should be covered by specialists. To the question, on account of the fact that G.Jhangiryan is an ANC faction member now, whether the case will be reviewed, L.Zurabyan replied, “More than ever. The case should be studied by specialists, and it would be the biggest error if we apply political approach to likewise cases. There shouldn’t be any political approach to the issue. There is law, and everything should be implemented in accordance with it, especially in cases like this.”
Arpine Hovhannisyan and David Harutyunyan, current and then RA Ministers of Justice, refused to comment the ECHR verdict with the same reasoning—they haven’t managed to familiarize with it.
Vahram Baghdasaryan, Head of RPA Faction, in an interview with 168.am, noted that it’s completely a legal issue. According to him, everybody should bear responsibility for that, “And the same responsibility should bear current opposition members as well, who were formerly among the authorities. They are all people bearing equal responsibility.”
According to Naira Zohrabyan, Head of “Prosperous Armenia” faction, decision by the ECHR is fair. She noted at that period she was a reporter and is familiar to the case. She advised to pose all other questions to Jhangiryan himself, “I hope he might have answers to all these questions. Yes, there are some issues with the ECHR, answer to some of which should give Jhangiryan himself, and I think he’ll make use of the Constitutional right.”
Gagik Jhangiryan is silent yet. He promised to speak in the coming days, and before that he’ll listen to the comments, “let them speak, express themselves, then I’ll speak.”
By Gayane Khachatryan
