HARUTYUNYAN v. ARMENIA JUDGMENT
5
During the investigation [witness T.] confirmed this statement at a confrontation
with [the applicant on 11 August 1999]. Thereafter [witness T.] revoked this
statement and submitted that he had not witnessed the circumstances in which
[serviceman H.] had been killed. He also made a similar statement during this court
examination, indicating that his statement about witnessing the killing of [serviceman
H. by the applicant] had been made under the influence of the violence inflicted on
him by the [police officers].
A similar statement was also made by [witness A.].”
27. The Regional Court went on to cite a number of circumstantial and
hearsay witness statements and an expert opinion to the effect that the shot
had been fired at close range, and concluded that:
“Having evaluated the contradictory statements made by [witnesses T. and A.]
during the investigation and the court examination, the court finds that in reality the
coercion was applied by [the police officers] at the military police station for the
purpose of ensuring disclosure of the truth.
... The revocation at a later stage by [witness T.] of his [statements made during the
investigation] was aimed at helping [the applicant] to avoid criminal liability. The fact
that [witness T.] was aware of the circumstances of [serviceman H.’s] death was
confirmed by the unconstrained submissions he made at the [court hearing of
26 October 1999], without being subjected to any ill-treatment or threats, and the
stories he told to [two fellow villagers] following his demobilisation.”
28. The Regional Court concluded by citing other evidence
substantiating the applicant’s guilt, such as (i) a forensic examination of the
victim’s tissue samples and a medical examination of his corpse, according
to which he had died from a shot fired at close range; (ii) a ballistic
examination, to the effect that the shell found at the crime scene had been
fired from AK-74 type machine gun no. 916236, which had been issued to
the applicant; (iii) the record of examination of the crime scene, drawn up
on 17 April 1999, and a number of other materials.
E. Conviction of the military police officers
29. On 9 October 2002 the Avan and Nor Nork District Court of
Yerevan (Երևան քաղաքի Ավան և Նոր Նորք համայնքների առաջին
ատյանի դատարան) found military police officer M. and three other
police officers guilty of abuse of power and imposed sentences ranging
from three to three and a half years’ imprisonment. The District Court
found:
“On 4 March 1999, in connection with the murder of [serviceman H.], ... [police
officer M.] brought [servicemen A. and T.] and others to the military police station.
On 5 March 1999 [the applicant was also brought to the station]. There [the police
officers] beat them for several days, delivered numerous blows to [the applicant] and
others with a rubber club and squeezed their fingertips with pliers, causing injuries of
various degrees. Then [the police officers] forced them to take off their shoes, put