Armenia’s Bodybuilding Champion Vahram Hakobyan: “What are they afraid of? Why do they do everything to deprive me from an opportunity to visit Armenia?”
We have previously published information about a criminal case unleashed against Armenia’s bodybuilding champion Vahram Hakobyan, as a result of which, he claims, his right for free movement has been limited because of illegal actions against him, which in its turn has had a huge negative impact on his sprots career.
We have discussed the status of the criminal case with the athlete’s lawyer Karen Stepanyan, who claims that the proofs in the base of this case have been illegal from the very first day, thus the entire case is developed illegally and should be dismissed as soon as possible.
A part of the criminal case against Vahram Hakobyan has been separated, and almost in similar conditions (the accused person is Smbat Avdalyan) is being reviewed by the first instance court since December 2019, and all sessions are in close conditions, without giving access to relatives and media. The reason the court shows for holding all sessions of this case in close conditions is the claimant’s right for privacy of information related to his family. These court proceedings are taking place at the first instance court of general jurisdiction of Yerevan, and the judge is Karen Farkhoyan.
Another series of court sessions are taking place at the same court, under the consideration of judge Tatevik Grigoryan.
Violation of the Right for Fair Trial
According to Article 63, Point 3 of the Constitution of the Republic of Armenia, “The use of evidence obtained in violation of basic rights or that undermining the right to fair trial shall be prohibited.”
In relation to the above, lawyer Karen Stepanyan assures that the mentioned criminal case is based on false “proofs” obtained through violation of basic rights, and has been put in the base of the case in an illegal manner, through a violation that is considered a criminal act. “I have protested against the proofs in the base of this case because those are false and obtained through an illegal way, and put under the case in an illegal manner too. The proofs of external recording have been obtained in an illegal manner, thus the entire case is based on illegal evidence. Specifically, the documents of the criminal case prove that the person who presented the claim was not in the National Security Department of Artashat region on the day when allegedly that claim was written. In addition to this, it is also proven that the chief of the National Security Service of Artashat region of that time, Garik Sargsyan, who was the officer who submitted an application to the court of first instance of Yerevan for holding an operative special activity in order to receive a permit for that, was not in the mentioned court of Yerevan on that day when allegedly the court session was held presided by Ruben Vardazaryan, who at the time was the president of the Higher Court Council, and has been dismissed from his position after that.
I have submitted a claim to the Special Investigation Department to investigate this case as a criminal act under Article 314 of the RA Criminal Code, in the framework of which the former head of the Artashat district National Security Service, Garik Sargsyan was called to give testimony as a witness-suspected person, as well as claimant Vaghinak Ghazaryan, and other witnesses. I demanded to show documents as proofs, specifically the pages of Yerevan general jurisdiction first instance court, where the application for a permit of an operative investigation action was submitted and registered, which clearly show that the date of registration in the journal of applications was corrected with a pen, which means the date of that registration was later erased and another date was written with a pen. The operative investigation action was implemented on April 20th, 2019, whereas the examination of the pages of the journal show that the application for the mentioned permit was accepted and registered by court on April 21, 2019, i.e. one day later, and on the pages of the journal “1” number of the date was corrected with a pen to write “0” instead of it. It is a proven evidence that the date on the pages of the journal was erased with a pen and a new date was written,” says Vahram Hakobyan’s lawyer.
This fact was brought to the attention of Special Investigation Service investigator Vahe Martirosyan, who did not even bother to demand the original copy of the journal, said the copy of the journal was enough for him, and refused the demand of Vahram Hakobyan’s lawyer to launch an investigation of manuscript.
Influence on Witnesses to Change Their Testimonies
“It is worth mentioning that on April 20, 2019, during the morning time, when supposedly the application should have been presented in person, which is when also a court session should have taken place in participation of these two people, they both were in different locations, far from the place where the session would have taken place. Vaghinak Ghazaryan, who was supposed to be at the National Security Service department of Artashat, was in Yerevan at that time, and the head of that department, Garik Sargsyan, who was supposed to be at the court of general jurisdiction of Yerevan (address: Tigran Mets 23/1), was in Artashat. These are not assumptions, but facts based on obtained proven evidence. This evidence was proven by data obtained about the incoming and outgoing calls and also their locations during those hours on that day. Some people who had phone conversations with the mentioned individuals during those hours confirmed the fact that they talked to these people during the timeframe between 08:00 and 11:00 a.m. – some had a phone conversation with Vaghinak Ghazaryan, and others with Garik Sargsyan. However, these witnesses, apparently as a result of pressure, changed their testimonies and said “it could be possible” that they talked to other people during those hours. This means that testimonies of witnesses have been changed as a result of pressure on them,” says lawyer Karen Stepanyan.
In such conditions the investigator of the case, Vahe Martirosyan, made a decision to dismiss the case. This decision was appealed to upper instances of the judicial system at the prosecutor’s office, which was in the beginning dismissed, and then the lawyer appealed to court too. The case was forwarded to judge Tatevik Grigoryan, and now the case is under her consideration.
“Even during this time, when the case is being heard by court, new conditions have come up. Vaghinak Ghazaryan has visited the witnesses we referred to – the people who had phone conversations with him on April 20 – and by applying pressure on them told that if they are called to court, they “should” insist on their second testimony, and they should not say that they had a phone conversation with him that day,” says Vahram Hakobyan’s lawyer and assures that it is clear that no court session was held that day, and in fact the operative investigation action was done without having obtained a court decision and permit as established by law, which means it was done illegally.
“Even on August 23, during the court session presided by judge Karen Farkhoyan it was clear that another witness, named Nshan Takiryan, also showed a totally different approach to his testimony, which was totally different from what he had said during the previous session. Apparently there has been pressure on him too because he changed his testimony,” says the lawyer.
Resistence by Judicial System
“Everyone, including the Special Investigation Department and the National Security Service, can clearly see that a crime was committed, but all they close their eyes on it. This could possibly be connected with the fact that the name of the former head of the Higher Court Council Ruben Vardazaryan is involved here, and also the fact that the illegal actions were committed by representatives of the National Security Service. There is strong resistance by the judicial system too in relation with this case, who do everything to cover up the illegal action done by Ruben Vardazaryan, which is not an action done by him as a judge, thus the principle of personal immunity of a judge does not apply here,” says Karen Stepanyan and adds all his assurances in this interview are proven facts, and that he can show and present all documents proving these facts upon request.
We were also able to contact Vahram Hakobyan, who is currently abroad, and ask him several questions about this case. In answer to our question whether he is hiding from this investigation he answered saying that no, and added that he has never hidden his place or location. “I have always been active on social networks, and have never hidden my location or place. Furthermore, today I am ready and have always been ready to answer all questions through means of video call or any other type of communication. I have analyzed the connection between all these things that have happened and are happening, and I understand who is interested in doing everything not to allow me to come to Armenia. Why was this case launched right after I left the country? Why did they wait till I would leave the country, and then launch this case in such a manner? I would never imagine that such case would be launched in such a manner.
Even more, while I was in the US, they passed my details to Interpol and sent people to arrest me, but I have proven at court that a criminal case was fabricated against me, and I was proven innocent. As a result of all this my sports career has been greatly damaged: my roads are closed, and I am unable to leave for Europe to take part in sports competitions. I know that in this life nothing stays without an answer and without consequences. How are they going to look in my eyes after all what they did? All those people who are acting in such a way, or those who are giving testimonies and then immediately changing them – how are they going to look in my eyes?” says Vahram Hakobyan and assures that any time he is ready to answer questions via a video call or any other form of communication. He also added that while being abroad he found out from a different source that another criminal case was separated from a totally different case at some instance, and sent for investigation, and he was not even notified about it in a duly manner as established by law. Even his lawyer’s application to provide information about that case was rejected. “I believe the one who “hides” or “is running away” is not me, but those people who are doing everything not to allow me return to Armenia. Let them answer my question. What are they afraid of?” said the athlete.
We hope that judge Tatevik Grigoryan will make an unbiased and honest judicial act, will showcase the violations of law on the part of the NSS and investigation department, as a result of which the illegal persecution against Vahram Hakobyan will be terminated and the limitations of his right for free movement will be eliminated too, so that he can continue his sports career without artificial hindrances.
Note: A suspect or accused of an alleged crime is considered innocent as long as his/her guilt is not proven in a manner prescribed by the Code of Criminal Procedure of RA – by the court decision entered into legal force.
By Kamo Mailyan
