Injured party’s appeal complaint on the case of `Harsanaqar’ to be e

Injured party’s appeal complaint on the case of `Harsanaqar’ to be examined
Thu, 12/13/2012 – 20:34

On December 20 the RA Court of Appeal will examine the appeal
complaint of the injured party against the Police and the Prosecutor’s
Office in the assault case of `Harsnaqar’ restaurant complex. The
reporter of `’ was informed about it by the representative
of the injured party Tigran Yegoryan. The party submitted a complaint
against the court decision from November 16, by which their complaint
was rejected.

Let us recall that the representatives of the injured party Lusine
Hakobyan, Tigran Yegoryan and Vahe Grigoryan were demanding to cancel
the investigator’s decision, by which their requests aimed at
clarifying blanks and violations permitted during the preliminary
investigation were rejected.

The party also demands to restart the preliminary investigation on the
case at the SIS in order to reveal the actions and motives of the

According to the representatives of the injured party the biggest
blank of the preliminary investigation body is that it was not
revealed exactly whose blow or blows caused Vahe Avetyan’s death, thus
the `death of the victim was not disclosed’. The party finds that it
is wrong to qualify the murder as intentionally causing serious bodily
injury, since the initial bodily injury was not compatible with life.
The injured party is sure that the person guilty in the crime was not
disclosed `as a result of rapid termination of the preliminary

The Prosecutor realizing judicial supervision of the case Artur
Davtyan found that the complaint was unreasoned, does not derive from
the requirements of the criminal procedure code and is subject to
rejection. He clarified that all 6 defendants were brought in the same
indictment, since they made an attempt of negligently causing damage
to the health of a group of people together. According to the accuser,
the Court can change the legal value of the crime during the
proceedings, also by tightening the charge, it is not irreversible.

According to him, the termination of the preliminary investigation was
not rapid, it was investigated within reasonable period of time, what
is an international law norms’ and public requirement.

A. Davtyan added that part of the requests of the injured party is
related to revealing other possible participants of the crime. For
that reason part of the case was separated, investigative,
operative-prosecution activities still continue in the scope of the
ongoing preliminary investigation.