4
HARUTYUNYAN v. ARMENIA JUDGMENT
24. In the proceedings before the Syunik Regional Court, the applicant’s
lawyer asked that the applicant’s confession statements of 16 and 17 April
1999 and the statements made by witnesses T. and A. during the
investigation in 1999 be declared inadmissible, since they had been obtained
under torture. By that time criminal proceedings had already been instituted
against the relevant military police officers on account of the torture of the
applicant and servicemen T. and A.
25. On 19 June 2002 the Syunik Regional Court found the applicant
guilty of premeditated murder and sentenced him to ten years’
imprisonment. The sentence was to be calculated from the first day of the
applicant’s detention on 17 April 1999. In its judgment, the Regional Court
stated that “[T]he following ha[d] been established during the court
examination” and went on to describe the circumstances in which the
applicant had shot serviceman H. The Regional Court then stated:
“For these actions [the applicant] was charged [with premeditated murder].
During ... questioning on 16 April 1999 [the applicant] admitted to the investigating
authority that [serviceman H.] had died from a bullet accidentally shot from [the
applicant’s] machine gun.
On 17 April 1999 during questioning as an accused he again admitted that
[serviceman H.] had died from a bullet which had been shot by [the applicant] as a
result of a violation of the rules for the handling of weapons.
[The applicant] confirmed this statement during the re-enactment of the
circumstances of the incident [on 17 April 1999], the video recording of which has
been examined during the court proceedings.
[The applicant] later revoked this confession.
During the court proceedings [the applicant] pleaded not guilty and stated that he
had not killed [serviceman H.]; they had not had an argument on the day of the
incident, they had not sworn at each other, he was unaware of the circumstances of
[serviceman H.’s] death, and his confession had been made under the influence of the
violence and threats inflicted on him by the [police officers].
Such arguments [by the applicant] are unfounded, contradict the evidence obtained
during the court examination and cannot serve as a basis for avoiding criminal
liability and punishment.
[The applicant’s] ... arguments have been rebutted and his commission of the
offence has been proven by the following evidence obtained during the court
examination: ...”
26. As an example of such evidence, the Regional Court went on to cite
the statement made by witness T. on 5 March 1999. It further stated:
“[Witness T.] made the same statement before the Syunik Regional Court at [the
hearing of 26 October 1999].