Nikol’s case proceeds
Message from the Prosecutor General's Office
By the decision of RA Prosecutor General A. Hovsepyan, the decision on denying the instigation of a criminal case based on the materials prepared by the "Kosh" penitentiary of the RA Ministry of Justice (30 December 2010) has been eliminated and a criminal case has been instigated based on the attributes of Article 118 of the RA Criminal Code.
In particular, discussing the legality and corroboration of the decision on denying the instigation of a criminal case with materials based on prisoner N. Pashinyan's statement on 11 November 2010, it turned out that N. Pashinyan had announced to the acting correspondent of the on-duty group at the "Kosh" Penitentiary F. Martirosyan, group servants S. Avetisyan and S. Grigoryan that masked men of a special significance detachment had attacked him and caused physical injuries.
Based on the notices, the "Kosh" Penitentiary prepared materials, received explanations, appointed and carried out forensic medicine exams, forensic investigations and forensic biological exams. After finding out that prisoner Pashinyan had not been beaten by anyone and that there is no crime stated in the materials, the investigative body denied the instigation of the criminal case based on the materials on 30 December 2010.
On 27 January 2011, prisoner N. Pashinyan protested the decision taken by the investigative body with an appeal addressed to the RA Prosecutor General.
Checking the legality and corroboration of the decision, it turned out that the materials were prepared with errors, the demands stated in Point 3, Article 17 of the RA Criminal Procedure Code had been violated, the investigative body had not taken adequate measures, which led to the decision that must be eliminated due to the following explanation:
The materials didn't fully show how many prisoners were at cell N2 located on the 2nd floor of hostel N3 of the penitentiary, not all prisoners gave explanations and Pashinyan's claims were not thoroughly checked.
On 15 November 2010, prisoner N. Pashinyan claimed that he had been attacked, beaten and was physically injured. The investigative body did not give a legal evaluation of the prisoner's message, which contains attributes of a gang foreseen by Article 118 of the RA Criminal Code.
Based on the above mentioned, by the decision of RA Prosecutor General A. Hovsepyan, a criminal case has been instigated and the preliminary investigation has been assigned to the investigation department of the RA Police chief department of investigations in Aragatsotni province.
