HARUTYUNYAN v. ARMENIA JUDGMENT
3
C. The applicant’s confession and the institution of criminal
proceedings against him
12. On 16 April 1999 the applicant was interrogated as a suspect by the
investigator examining the case, to whom he confessed that he had
accidentally shot serviceman H.
13. On 17 April 1999 the applicant was formally charged with
premeditated murder and questioned as an accused by the investigator;
during this interview he repeated his confession. Thereafter he was taken to
the crime scene, where he made the same statement in front of a video
camera and the relevant record was drawn up. On the same date the
applicant was placed in pre-trial detention.
14. According to the applicant, immediately after their release from the
police station on an unspecified date, servicemen T. and A. informed the
Military Prosecutor of Armenia (ՀՀ զինվորական դատախազ) in writing
that they had been coerced into slandering the applicant.
15. On 19 June 1999 the applicant and servicemen T. and A. were
subjected to medical examinations, during which various injuries to their
fingers and A.’s head were noted.
16. On 11 August 1999 a confrontation was held between the applicant
and serviceman T., during which the latter confirmed his earlier testimony
against the applicant.
D. The applicant’s conviction at first instance
17. On an unspecified date, the applicant’s criminal case was brought
before the Syunik Regional Court (Սյունիքի մարզի առաջին ատյանի
դատարան).
18. On 26 October 1999 a hearing was held during which serviceman T.
confirmed his earlier testimony against the applicant.
19. On 6 December 1999 the Syunik Regional Court found the applicant
guilty of premeditated murder and sentenced him to thirteen years’
imprisonment.
20. On 15 June 2000 the Criminal and Military Court of Appeal (ՀՀ
քրեական և զինվորական գործերով վերաքննիչ դատարան) quashed
this judgment and remitted the case for additional investigation.
21. On 12 September 2000, following the additional investigation, the
case was brought again before the Syunik Regional Court.
22. On 13 June 2001 the Syunik Regional Court decided to remit the
case for further investigation.
23. On 3 August 2001 the Criminal and Military Court of Appeal
quashed this decision on an appeal by the prosecutor and remitted the case
to the Syunik Regional Court for examination on the merits.