The Human
Rights Defender of Armenia thoroughly examined all details regarding the case investigated
by the RA Special Investigative Service concerning the events that took place
in Yerevan on 1-2 March 2008, the materials that the Defender possess, as well
as the relevant oral and written publications and official clarifications of
criminal prosecution authorities with regard to the case.
In this
statement, the Defender finds it necessary to publically address the issue of
ensuring the rights of Gevorg Kostanyan, the former RA Prosecutor General, the former
Representative
of Armenia to the European Court of Human Rights,
the former Chair of the Standing Committee on State and Legal Affairs of the RA
National Assembly.
Particularly,
the Special Investigative Service disseminated public information that Gevorg
Kostanyan was indicted and should appear to the authority conducting the
proceeding within 48 hours. Afterwards, the investigative body announced that a
search was declared for G. Kostanyan and motion on choosing detention as a
measure of restraint was filed to the court.
The Human
Rights Defender also examined the Special Investigative Service’s detailed
public clarifications of September 25, 2019, on the relation of Gevorg Kostanyan
to the March 1 criminal case.
The Human
Rights Defender also thoroughly examined Gevorg Kosyanyan’s statements provided
to the media regarding the criminal prosecution in his respect. In particular,
Gevorg Kostanyan’s public statements that his charge is unfounded, the actions
of the investigative body are unlawful, violate his rights, and that such
actions, in fact, do not aim to reveal the persons who are guilty for
unlawfully depriving lives of 10 people. According to Gevorg Kostanyan, the
criminal prosecution authority does not take measures in this direction.
Taking into
account the aforementioned, the Defender will request clarifications from the
criminal prosecution bodies on his own initiative.
The Human
Rights Defender finds it necessary to underline that he has always kept and
will continue to keep under his direct attention the issues and the criminal
case concerning the events of 1 March 2008. The issues with regard to mentioned
criminal case and effectiveness of its investigation are raised in the Human
Rights Defender’s reports.
This case
and issues concerning it, are of significant public importance. They are also
crucial from the perspective of the establishment of the rule of law and the
human rights protection system in our country.
All the
mentioned factors, by setting a higher legal standard for the investigation of
the criminal case, place higher responsibility on the law-enforcing authorities
and the court. In this case, the legal standards for the investigation are
higher to exclude any misperception and to ensure confidence towards the
investigation process and the results.
The Human
Rights Defender will continue to be guided by these standards to oversee the
investigation of the March 1 criminal case within his mandate.
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