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OMBUDSMAN’S ATTITUDE IS ALSO PARTICULAR

Politics

Zhirayr Sefilyan, commander of a Shushi battalion, is under arrest for 7 months without any legal motivation. On 12 June Vahe Grigoryan and Ara Zakaryan, Sefilyan’s lawyers informed Armen Harutunyan, the RA Human Rights Defender that the First Instance Court of Kentron and Nork-Marash Community prolonged Sefilyan’s arrest till 10 July, but after it no judicial act was made on keeping Sefilyan detained.

“Head of the Yerevan-Kentron penitentiary was obliged to be guided by the 10-th provision of Article 141 of the RA Law and release Sefilyan”, said Sefilyan’s lawyers. The Human Rights Defender answered in response that their claim would not be discussed for the following reason: “According to Article 10 of the RA Law “On Human Rights Defender”, the Defender does not discuss the appeals which are to be solved by a court proceeding as well as he may not discuss the claims which from his point of view do not verify the fundamental freedom of human rights or do not need it”.

Grigoryan and Zakaryan informed “A1+” that Gaspar Poghosyan’s appeal who was in the same situation as Sefilyan the Ombudsman decided to discuss taking as a basis Article 7 of the RA Law “On Human Rights Defender”. Gaspar Poghosyan was detained for committing a serious crime and was accused by Article 177 of the RA Criminal Code.

“The Human Rights Defender has a particular attitude to Sefilyan’s case. Some authorities also show particular attitude to our defendant, but Ombudsman’s partial position is very upsetting”, said Ara Zakaryan. He explained that Armen Harutunyan did not want to make a decision which was against authorities’ will. “If we compare Gaspar Poghosyan’s and Zhirayr Sefilyan’s crime, then Poghosyan’s crime is very serious and he is supposed to be sentenced to 6 years of imprisonment. It turns out that the same apple is red in one case and black in another case for Armen Harutunyan. He does not show adequate approach to the case”, said Ara Zakaryan.

Ara Zakaryan reminded that according to the precedent verdicts of the European Court, a person should not be kept detained more than a set up definite period. “Any law which foresees termination of arrest contradicts the demands of Article 5 of the European Convention and is not acceptable “.