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HARUTYUNYAN v. ARMENIA JUDGMENT
A. Background to the case
5. On 25 June 1998 the applicant was drafted into the army and assigned
to military unit no. 33651, situated next to the border with Azerbaijan.
6. On 3 December 1998 the applicant, together with five fellow
servicemen, was placed on watch in position no. 24.
7. On 4 December 1998 one of the six watchmen, serviceman H., was
found dead in a nearby trench, having been killed by a machine-gun shot. At
the time of the killing, only three of the remaining five watchmen were in
the area of position no. 24, namely the applicant and servicemen T. and A.
The latter two were apparently cutting wood together not far from the
position. It appears that the applicant had been seen to have an argument
with H. earlier that day.
B. Arrest of the applicant and servicemen T. and A., and their illtreatment
8. On 4 March 1999 servicemen T. and A. were brought to a military
police station. On 5 March 1999 the applicant was also brought to the same
police station. The military police officers started to beat them, seeking to
force them to confess to serviceman H.’s murder. According to the
applicant, they told the police officers that serviceman H. must have been
shot from the other side of the border, to which the officers replied that it
had already been established that serviceman H. had been killed at close
range, and continued to beat them.
9. The applicant was initially punched and kicked. The police officers
then began to hit him with rubber clubs. The applicant lost consciousness on
several occasions but was revived and continued to be beaten. After a while
the police officers began to squeeze the applicant’s fingertips with pliers.
The same torture techniques were applied to servicemen T. and A.
10. On 5 March 1999 serviceman T. confessed to the investigator that he
had witnessed how the applicant had taken his machine gun and shot H.
Since serviceman A. was with serviceman T. at the time of the murder, he
was coerced into making a statement to the effect that serviceman T. had
told him that he had witnessed the murder.
11. The police officers subsequently continued to torture the applicant,
forcing him to confess to the murder. According to the applicant, this
continued for over a month. He was unable to walk and talk properly, and
all his fingertips were swollen.