On August 11, 2005 about 3 o'clock the body of Mesrop Makoyan aged 19 was found near building N 29 of Chekhov street with 7 stab wounds.

Law enforcement officers have “unveiled” the homicide and forwarded the case on to the district Court of First Instance of Shengavit community.

“The criminal case that was initiated revealed that perpetrators of the crime are unknown”, was the statement of the judge and the case was returned for additional preliminary investigation. Events, however, took a different course and those accused of the undetected murder - Zaven and Vladimir Mkrtchyan, Hratch Sahakyan and Serob Ter-Meliksetyan - remain in custody for several years now.

First version of the murder

Law enforcement officers took from the body of M. Makoyan resident of the village of Jrvezh his cellular phone and discovered that at some time between 1:00 and 1:14 three calls had been made to a phone number belonging to Liana Gasparyan. According to the criminal case L. Gasparyan along with her two underage daughters Anna and Hasmik Muradyan were immediately called to the scene of crime and declared they saw the murdered person for the first time. However, three days later during an additional interrogation Anna Muradyan “confessed” that she had known the victim for about a month, that they had met a few times on the square of Garegin Nzhdeh and that on August 11, around 01:30 he had been beaten and killed by Hratch Sahakyan, Zaven and Vladimir Mrktchyan and their friends Mika and Artyom.

As affirmed by the sister of Hratch Sahakyan, he was at home at 23:00, talked to his girlfriend over the phone late into night and then went to bed.

“In the morning the police came to our house, they woke up my brother and took him to the police station without any explanation”, tells Lilit and emphasizes that at that time A. Muradyan had not yet made her accusatory statement. According to Anna's testimony, as they were having a walk at night she and Zaven came across Hratch by accident. Later on Anna got a call to her cellular phone from the victim and in some unknown way he showed up in their vicinity. Zaven asked Mesrop “Do you know Anna?” and the latter replied in the affirmative. To which Zaven said, “Then you are a dead man”. Apparently “My brother with some guys held back Mesrop’s hands while Zaven stabbed him with a knife.”

This lead came to be confirmed also by Desdemona Sedrakyan's testimony, who keeps an around-the-clock fruit trade business near the building N 34 at Chechov Street. She indicated that on the day of the incident “around 01:45 she heard sounds of fight and quarrel coming from the garages next to the building N 27.” Later she saw a young man aged between 18 and 20 years with a hand over his chest move toward the street from the area next to the building and fall on the ground. 5 young men and 1 young woman approached him and immediately dispersed in different directions.” 

Among those escaping the scene D. Sedrakyan recognized the residents of their district Anna, Hratch, Zaven and his brother Vladimir. Moreover, the witness recognized the victim and told that she had seen him before with Anna.

The accused persons were subjected to physical abuse at the police station of Shengavit, which was later reflected on in a court ruling.

Based on the complaint filed by the relatives of the accused, the investigation of this case was transferred to the investigator Vardan Muradyan of the General Prosecutor’s office, who handled special cases of utmost importance. However, Ruben Kirakosyan, an investigator at Shengavit community prosecutor’s office was also included into the investigating group. This was the same person who had investigated the case in the prosecutor’s office of Shengavit and against whose “detection” techniques the relatives of the accused filed a complaint.

About two months after the criminal case had been instituted an open letter by A. Muradyan - main witness of the murder - was published in the press: “In the morning of August 11 at 6 o'clock they took me, my mother and my sister to the police station… I had told them honestly for three days that I was not aware of anything. But they didn't believe me and made me say things they wanted to hear… I was already sick and tired of being insulted, as they tried to bring me to tears every time. I told them to write down whatever they wanted and I would sign it.” After that I was taken to the prosecutor's office, where they kept me day and night for about 10 days without allowing me to leave that place… I said there many times, I had told a lie and that I had been intimidated. When my mother came to visit me there she tried many times to explain to the investigators that I had not been there. But they told my mother that if her daughter changed her testimony then she would be put to trial. If I had I known anything or been guilty, I would have left the country right after giving testimony, especially since I was actually given that hint by a question if I could leave the town (given that I have relatives in Russia)… At the police station they gave me names of some guys and made me indicate them in my testimony… If the accused are to be condemned based only on my false testimony then the real murderer will stay at large, the police will not look for him and he will take other lives. This means that I would take responsibility for other people’s blood.”

After this letter D. Sedrakyan indicated during an additional interrogation that she “cannot specifically state if the young girl that she had seen at scene of crime was A. Muradyan or not.” As a result preliminary investigators changed the scope of people involved and instead of main witness A. Muradyan there appeared a brand-new person - Marine Hakobyan.

Another scenario drafted by law enforcement officers

According to the testimony given by M. Hakobyan, she had got acquainted with M. Makoyan on Azatytyun Avenue on the night of August 11 around 10 o’clock. After talking for a few minutes they went together to Karapner café and then to Nika bar, from which they took a taxi, which landed them at the crossing of Chekhov and Tsereteli streets. From there they walked in the direction of M. Hakobyan's house.

About 1 o'clock they met residents of that area - Hratch, Zaven, Vladimir and Melkon Vardanyan - near the benches located next to the building No 36. Presumably because of a depreciating form of address a conflict occurred between them and M. Makoyan, which grew into a scuffle. Attracted by the noise, a few other young men approached them among them Serob Ter-Meliksetyan and Vahe Khachatryan. Apparently these two “stood behind Makoyan preventing him to escape, Hratch and Vladimir held back his hands while Zaven stabbed him with a knife 7 times.”

As per the criminal case apart from Marine’s, a similar testimony was given by Melkon Vardanyan, who had witnessed the scene.

M. Hakobyan was interrogated 22 times, each time emphasizing that she had told the truth and had nothing else to add. However, she mostly stated information that diverged from her previous statements. Once she stated that she had actually witnessed the murder, on another occasion she stated that she had seen everything from a window, at some other time she referred in her testimony to hearsay from her grand-mother. Finally, Marine also published an open letter in the press and stated that she had been forced into giving false evidence.

“On August 11, I was in a hospital and took care of our family friend Tatyana Matsegoryan.” In the morning of August 11, I left the hospital at 8 o'clock and I have witnesses seeing me there. I was seen by two nurses both named Hasmik, the hospital attendant Mariam and I could be seen by the operating doctor Babkenich until 6-7 o’clock. I should say that a few days after the incident, I was taken to a police station of Charbakh by field officers of Shengavit criminal department Hrayr and Karen. When I entered the place, I saw Hovik Soghomonyan - the deputy head of Shengavit district police department, Edik Varderesyan - the head of the criminal department and the head of the station Smbat (I don't recall his last name)… Through intimidation I gave false evidence, because they were telling me that although I was a woman and they were men, they could beat me up and do all sorts of things to me. I was kept there for 7 days… When I became aware that I was ruining the lives of innocent people through fear, I decided to tell the truth”.

However, this confession made by M. Hakobyan did not change anything. This time law enforcement officers did not come up with a new scenario to “detect” the crime. They separated the part involving S. Ter-Meliksetyan and V. Khachatryan from the criminal case and circulated them for retrieval and in filed a petition February 2006 to the Court of First Instance of Shengavit community requesting trial for Zaven, Hratch and Vradimir.

Trial extended over yers

 

The trial started on March 29, 2006. When interrogated in the courtroom, both witnesses Marine and Melkon Vardanyan bluntly refuted their allegations of having witnessed the crime. Disclaiming his former evidence, Melkon emphasized that he gave it “through fear, violence and illegal detention at the police station”.

Upon hearing this testimony, police officers of the Shengavit department tried to kidnap him directly from the courtroom. However, this was prevented by the court. The judge Gagik Khandanyan referred to this fact in his verdict.

Vardan Muradyan and Ruben Kirakosyan - investigators conducting the case were also interrogated by the court. In reply to the remark made by Aghasi Atabekyan, who was the lawyer of the accused Vladimir Mkrtchyan stating that “You have “tailored” a case with white threads and “needled” it onto innocent people”, R. Kirakosyan said, “The case is not tailored with white threads, it's glued together”. Reporters attending the trial wrote about this incident (Aravot daily of 16.12.2006).

Following a trial lasting over a year, the Judge G. Khandakyan concluded that investigation authorities drafted the accusation based on twisted facts, showed differentiated approach to witnesses' evidence and materially violated the criminal procedure. 

“The preliminary investigation revealed that the incident took place on August 11, 2005 some time between 1 and 2 o’clock, however the printouts provided by “Armentel” for the incoming calls made to the cellular phone of M. Makoyan and testimony given by Khachik Minasyan in this respect were not duly examined. According to this evidence Makoyan and Minasyan talked for 6 times between 01:09 and 01:58, during which time in reply to the question asked by Minasyan as to where he was and where the sounds of music came from the victim answered that he was in a car and asked to call his parents and warn them that he would be coming home late. In fact, the incident took place after 2 o’clock.

On the other hand, the preliminary investigation held it for a proven fact that on August 11 Zaven Mrktchyan talked from 02:00 till 02:40 with Anna Muradyan standing on the staircase next to Muradyan’s apartment. It is evident that Z. Mkrtchyan could not have been on the scene of crime and therefore could not have committed the murder. “The preliminary investigation authorities disregarded this fact without any grounds”, concluded the judge and sent the case to additional preliminary investigation. The court has ruled that preliminary investigation should also examine the theory of other people committing this murder.

Based on the complaint filed in by the General Prosecutor’s office the Court of Appeal presided by Henrik Ter-Adamyan overruled the verdict by Judge G. Khandakyan and returned the case to the Court of First Instance of Shengavit community to examine before a newly composed court. The Court of Appeal referred to the errors made by the Court of First Instance and ruled. “If the Court of First Instance based on investigation and evidence ruled out the possibility of this murder being committed by Z. Mkrtchyan, then he must have been acquitted”.

Returned to the Court of First Instance - this time presided by Gagik Poghosyan, the case was newly examined from scratch. Desdemona, Anna, Marine and Melkon - four main witnesses, based on whose evidence the accusation was made - disclaimed their former testimony. Moreover, three of them are no longer in Armenia. 

Instead of examining existing evidence the Court called for secondary witnesses and made them repeat the same testimony again.

On October 30, 2007, a separate part of the criminal case was filed in to the court regarding S. Ter-Meliksetyan. He was found in Russia, held in custody for 10 months and finally transported to Armenia based on numerous complaints by his relatives.

Following the restructuring of courts beginning from January 1, 2008, the judicial scrutiny of joined cases already repeatedly adjourned was suspended. The newly instituted Criminal Court of Yerevan finally renewed the scrutiny of the case on March 24. 

Relatives of the accused say, “They can neither support the accusation, nor do they dare to acquit”. While the sister of Hratch Sahakyan - Lilit, is confident that M. Makoyan was killed elsewhere and his body was moved to their district. “Otherwise the noise of the brawl would have been heard by at least some one living in the building. Law enforcement has no evidence apart from testimonies extorted through beatings and threats. Even the knife - the weapon used in this crime - is nowhere to be found. This case is a tale from A to Z.”