STATEMENT ON SOGI BASED VIOLENCE AND ABUSE OF AUTHORITY BY RA POLICE

At around 7:20 a.m., on November 25, 2016, one of the police officers having arrested M. T. from in front of Caucasus Tavern at Hanrapetutyun street, Yerevan, hit M.T. twice in the face, causing physical pain.

 On December 2, 2016, attorney of “New Generation” Humanitarian NGO, Ara Gharagyozyan together with M. T. took part in the legal proceedings of written explanation by the latter at the Yerevan city department of the police of the Republic of Armenia.

Afterwards Yerevan city department sent the material prepared on M. T.’s case to Central Department of  the police of the Republic of Armenia.

On December 8, 2016, at RA police Central Department, Ara Gharagyozyan together with M.T. participated in the presentation of the written explanation on the case of violence committed against M.T. by the police officers on November 25, 2016. After having finished the explanation, the crime was reported in the same department.

On December 12, 2016, based on the materials prepared on M. T.’s report, N X criminal case was launched by the prosecutor’s office of Kentron and Nork Marash administrative districts under part 2 of article, 309, RA Criminal Code (Actions willfully committed by an official which obviously exceed his authorities and have caused essential damage to the rights or legal interests of citizens, organizations, state (in case of property damage, at the amount (value) exceeding 500-fold of the minimum wage, defined at the moment of the crime) accompanied by the use of violence, weapons and special measures), and the case was sent to the RA Special Investigation Service.

On December 16, 2016, Special Investigation Officer of RA Special Investigation Service made a decision on recognizing M.T. as victim.

On January 13, 2017, Ara Gharagyozyan and his client participated in the legal proceedings, the victim’s interrogation at RA Special Investigation Service. M. T. provided detailed testimony on the case and informed that the policemen beat her and illegally deprived liberty based on her gender identity and sexual orientation.

Currently the case is in the preliminary investigation stage. Attorney Ara Gharagyozyan has made an arrangement with a psychologist to draw up an Istanbul Protocol on M.T.’s case, which will later be taken to the European Court of Human Rights.

On March 1, 2017, attorney of “New Generation” Humanitarian NGO, Ara Gharagyozyan together with M.T. took part in the confrontation with five RA police officers (Samvel Margaryan, Vahan Ghazanchyan, Shahen Khachatryan, Gevorg Sargsyan, Gagik Petrosyan).

During the confrontation the victim identified the police officer who had beaten her in the car on the day of the incident. It was Samvel Margaryan. M.T. identified all the other police officers during the confrontation as well and confirmed in their presence that she had been subjected to violence and inhuman treatment by them. The police officers denied the fact of beating the victim but admitted having taken the victim to custody at RA Police Department of Kentron.

On October 10, 2017, Court of First Instance of Arabkir and Qanaqer-Zeytun Communities of Yerevan heard the complaint lodged by NGNGO attorney Ara Gharagyozyan, against  23.03.2017 decision made by the RA deputy chief prosecutor on denying  16.03.2017 complaint against 06.03.2017 decision made by RA special investigation officer on not implementing criminal prosecution on M.T.’s case and dismissing the case.

The complaint was fully grounded and argumented.  The deputy prosecutor didn’t appear at the trial of the complaint, only the investigator was present at the trial.

However the investigator could not bring any counter-arguments against the complaint. The court retired to the consultation room  to make a decision.

“New Generation” Humanitarian NGO will continue to provide legal aid to their beneficiary in the phases of preliminary and judicial investigation.