HARUTYUNYAN v. ARMENIA JUDGMENT
9
statements were taken by the relevant investigator from the military prosecutor’s
office, who did not ill-treat them ...
[The relevant police officers were convicted]. No criminal proceedings were
brought against any of the investigators dealing with the case.
... On 11 August 1999 a confrontation was held between [the applicant and
serviceman T. in the presence of the applicant’s lawyer], during which
[serviceman T.] contended that [serviceman H.] had been killed with a machine gun
[by the applicant]. It has been established that no ill-treatment was inflicted on him at
that time.
At a later stage [serviceman T.] revoked the above statements and submitted that he
had not seen who had killed [serviceman H.], although he did not deny that on several
previous occasions he had submitted that it was [the applicant] who had killed
[serviceman H.]. The Court of Appeal rightly considered [T.’s] confession statement
as reliable and regarded it as proof of [the applicant’s] guilt.
During the preliminary investigation [the applicant] testified to the investigator from
the military prosecutor’s office that it was he who had killed [serviceman H.], albeit
accidentally.
Thus, irrespective of the fact that during the preliminary investigation the military
police officers ill-treated [the applicant and witnesses T. and A.], the evidence
obtained in the case, if evaluated from the perspective of relativity and admissibility,
is sufficient in its entirety to convict [the applicant] of the incriminated crime.”
44. On 22 December 2003 the applicant was released on parole.
II. RELEVANT DOMESTIC LAW
45. The relevant provisions of the Code of Criminal Procedure ( ՀՀ
քրեական դատավարության օրենսգիրք) read as follows:
Article 11 § 7: Security of person
“In the course of criminal proceedings no one shall be subjected to torture and to
unlawful physical or mental violence, including such treatment inflicted through the
administration of medication, hunger, exhaustion, hypnosis, denial of medical
assistance and other cruel treatment. It is prohibited to coerce testimony from a
suspect, accused, defendant, victim, witness and other parties to the proceedings by
means of violence, threat, trickery, violation of their rights, and through other
unlawful actions.”
Article 20 § 1: No obligation to testify
“No one shall be obliged to testify against himself ...”