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Ararat Davtyan

The Murderers of a Russian Officer Remain Unpunished

Editor’s Note - The following story is a microcosm of the situation in Armenia. Employees of the security force owned by businessman Gagik Tzarukyan, a Deputy in the National Assembly and leader of the Prosperous Armenia political party, murdered a Russian military officer.

Do you thinks they were ever brought to justice? You already know the answer - of course not. We can provide the names of scores of those who have committed serious crimes who have never been arrested or who, after having served just a few months of jail time, have been released only to continue their criminal ways. The atmosphere of impunity in our country, where certain people remain above the law, remains a fact of life. Regardless of the reforms discussed by the country’s president and prime minister, the facts arguing just the opposite are too numerous and pervasive to neglect. Being a bodyguard in Armenia isn’t only a lucrative career it’s also a guarantor of safety. In fact bodyguards enjoy a greater degree of immunity than that legally granted to Deputies in the National Assembly. This is because in the end, murder is perceived as less of a crime in Armenia than attending a public rally. 

How can we explain the actions taken by staff in the service of Prosecutor General Aghvan Hovsepyan, Justice Minister Gevorg Danielyan and Healthcare Minister Harutyun Kushkyan? Why did the Chief Investigator handling the case modify the charges? Why did Judge Nelly Galstyan hand down the sentences she did? Why did Dr. Arakelyan submit false health reports to the court, itself a crime? The heads of all three of these departments must either voluntarily hand these individuals over to law enforcement in order to reveal possible bribe payments or else they themselves must admit to being knowing participants in the process. The investigator, the judge and the doctor - all have received handsome payments. Do you want proof? Apply to the courts. You’ll get a portion of the proof yourselves and others will provide you with the rest.

The Murderers of a Russian Officer Remain Unpunished

Last year Dimitry Yermolov, a Russian officer attached to a unit of the border patrol, was murdered in the village of Arinj and his friends physically beaten at the site. Two suspects were arrested for the crime, Gor Balyan and Artem Andreasyan. At the time the press had reported that these two individuals worked in the personal security detachment of National Assembly Deputy Gagik Tzarukyan. In response, Aram Safaryan, Secretary of the “Prosperous Armenia” Party headed by Tzarukyan, noted that this allegation would be clarified during the investigation. On another occasion involving Tzarukyan’s security employees Safaryan commented that, “There are a lot of guys in this country who dream of passing themselves off as Tzarukyan’s bodyguards.”

Our justice system indirectly answered the question, “Why would so many people dream of passing themselves off as Tzarukyan’s bodyguards?” 

A criminal case surrounding the murder of Yermolov was opened by the Prosecutor General’s Office. After clarifying the circumstances involved, the pre-trial investigation confirmed that on August 6, 2007 at approximately 12:30 a.m., G. Balyan and A. Andreasyan, security employees of the Tzarukyan -owned Multi Group Concern who while in the village of Arinj on a work assignment, pulled over a “VAZ 2101” automobile. In the car were Russian Federation national and military officers Anatoly Krilov, Nikolai Makarov, Minkiyan Oltsonov and the Yermolov brothers, Dimitry and Denis. Anatoly and Denis were forcibly removed from the vehicle and beaten by Balyan and Andreasyan.

The pre-trial investigation documentation noted that, “Afterwards when the military officers got back in the vehicle and tried to flee the scene A. Andreasyan fired into the air and Balyan, with the intention to inflict mortal harm, shot five rounds from a Sayga-MK type hunting rifle at the car. One of the bullets struck Dimitry Yermolov who died on the way to the hospital.”

It was later revealed that the accused had illegally obtained the weapons in their possession by breaking the lock of the metal firearms security cabinet located in the guardhouse. The rounds of ammunition had been concealed at the site.

G. Balyan was accused of violating Article 104 of the Criminal Code, “Endangering the lives of many by carrying out murder”, Article 117, “Intent to superficially endanger the health of another” and Article 235, “The acquisition and use of illegal firearms and ammunition”. A. Andreasyan was accused of violating Article 118, “Physical Assault” and Article 235.

Months later however, on December 29, 2007, the charges against G. Balyan were reviewed which resulted in Article 104 being substituted by Article 109. In essence, the term “murder” was qualitatively modified to read “ Death by negligence”. As a result Balyan wasn’t looking at a possible sentence of 8-15 years or even life imprisonment but at the most just 3 years of jail time. On the same day the Kentron and Nork-Marash Court of First Instance decided on a 500,000-dram bail amount for the accused. G. Balyan paid the amount and walked out of the courtroom. 

Andreasyan had been freed from detention as early as September 26th. According to the decision of the Prosecutor General’s Investigator the accused, rather than remaining in pre-trial custody, signed a legal document promising that he would not “flee” the area.

The criminal case was registered within the jurisdiction of the Kotayk Regional Court. On February 15th, during the pre-trial proceedings the accused fully accepted the charges made against them and requested a “hastened” trial process. No one opposed this request including Denis Yermolov, the brother of the murder victim who stated that, “The injuries caused by the accused have been verified.”

During the accelerated court inquiry it was revealed that when the Russian officers reentered the vehicle and attempted to flee, “Artem Andreasyan noticed something resembling a hand grenade in the hand of the passenger sitting next to the driver. Assuming that it would be tossed in his direction he fired one shot into the air.” Hearing the shot fired by his friend, Gor Balyan thought that, “the passengers in the vehicle had opened fire on them. Without any intent to cause any one harm and merely to scare them off and avert the looming danger, Balyan fired 5 times at the rear of the moving car...”

Also of interest is that the accused, former employees of a security agency, presented the court with medical reports signed by a certain Dr. F. Arakelyan. The reports certified that the accused were physically ill and suffered from serious maladies due to which Balyan was being treated as an outpatient and Andreasyan was in the care of a dispensary. When passing sentence the court accepted these factors as mitigating circumstances to reduce the severity of the sentence. 

On March 18, 2008 Judge Nelly Galstyan sentenced G. Balyan to 2 years imprisonment that was later reduced to a probationary period of 18 months. The initial 1-year sentenced handed down to A. Andreasyan was also reduced to a one month probationary period.

Days after the murder of Dimitry Yermolov a representative of Russia’s Military Prosecutor General’s Office met with the court’s pre-investigative unit. The case also prompted talks between the Foreign Vice-Ministers of Armenia and Russia. Give the high level of interest with which Russia followed the case certain reporters claimed that the accused would receive the maximum sentences allowed by the law. These reporters however failed to take into account the “phenomenon” of Armenian justice.

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