"If I didn't put a stop to her lying, running away from home, or stealing now, in a couple of years she wouldn't have a decent education or a decent future. And one day she would take the path of crime and eventually end up in jail. But jail is no place for a girl and neither are the streets. What parent hasn't slapped his child at least once, to teach her a lesson? Maybe I crossed the line, I should have been more tolerant, but I did it for her own good. If I'm guilty it's only before my child, but never before the court," Varuzhan Chitchyan said.

Years ago, in Russia, Varuzhan Chitchyan married a Russian woman and they had a child. In 1998, his wife abandoned their daughter Zhanna and Chitchyan took the girl and returned to Armenia. Up to the fifth grade, Zhanna, now twelve years old, had never given him any reason to worry. But since then, her behavior has become a real source of sorrow for Varuzhan. In addition to getting poor grades in school, the girl began to disappear for long periods of time without warning her father, to lie, and even to steal money from relatives. Deeply upset, Varuzhan went to the officer who deals with minors at the local police department, and then and his daughter began seeing psychologists at the Fund for Armenian Relief (FAR).

On July 11, 2005 Varuzhan came home from his work very angry - a few days earlier he had learned that Zhanna had committed a theft. He hadn't spoken to her about it, but had told her very strictly to stay home. Zhanna was not at home when he arrived; she came back very late that night. An argument arose between father and daughter. Varuzhan lost his temper and slapped the girl across the face, then took the telephone cord and lashed her arms and legs several times. "I was angry for some ten minutes. I was walking from one room to the next talking to myself and looking for someone to blame," Varuzhan related.

Fearing her father's anger, Zhanna ran away and took refuge at the FAR Children's Center. The next day Varuzhan received a phone call and was informed of his daughter's whereabouts. On July 13 th he visited his daughter at the FAR Center.

They reconciled about a week later, but Zhanna asked to stay on at the center till the end of the month. Varuzhan agreed. The month of July passed, but Zhanna was not allowed to leave the center; they explained that an investigating officer needed to talk to the child first. "At the beginning, it was OK. I spent time with the other children. Then I said I missed my father and wanted to go home. But they wouldn't let me. They said, 'The investigator is going to come and ask some questions and then you can go," said the 12-year-old girl.

On July 28, 2005 the Police Department of the Kanaker-Zeytun District filed charges against Varuzhan in accordance with Article 117 of the Criminal Code of Armenia (Infliction of willful minor damage to health). Article 117 envisages a fine, correctional labor, or arrest for up to two months. Investigator Tigran Muradyan questioned both Zhanna and her father on August 9 th . Both stated in their testimonies that they had forgiven each other and reconciled. The psychologists and teachers from the Children's Center attested to the same. According to the Criminal Code, if the parties reconcile, the criminal investigation stops and the case is dropped. But Tigran Muradyan decided to "investigate" the case further. In the end, despite the fact that the opinion of a commission of medical experts noted minor bodily injury which caused a short-term health disorder, Muradyan concluded that Varuzhan Chitchyan "willfully intended to inflict great pain, bodily and mental suffering and tormented with exceptional cruelty a person dependent on him materially and otherwise."

On August 12 th FAR sent Zhanna to camp, telling her father that it would be better for her this way. During that time, Tigran Muradyan hinted in conversations with Varuzhan Chitchyan that he could solve the problem with a certain sum of money; otherwise he would face three years in prison. Varuzhan categorically refused to pay off the investigator. Zhanna was returned to her father on August 31 st .

But the investigator, not yet ready to give up, interrogated Zhanna and her father again. There is a statement by lawyer Ruben Khodjeyan attached to the case that he allegedly was present during Varuzhan's testimony. "No such person was present when I was questioned. I have no idea who he is. They made up whatever documents they needed, wrote down made whatever accusation they wanted," Chitchyan said.

The case was sent to the Court of First Instance of the Arabkir and Kanaker-Zeytun Districts and Chitchyan was sentenced to three months imprisonment. "On December 1 st they summoned me to the court after several court sessions had already taken place, read out the verdict and handed it to me. I saw that the verdict had been given on November 30 th . I said, 'OK, you're sending me to jail, I understand, but what about the child? There is nothing about her in the verdict.' The prosecutor said, 'Don't worry, we'll take care of the child.'" Varuzhan Chitchyan appealed the verdict.

On January 27, 2006 the Court of Appeals, Judge Aida Hovhannisyan presiding, found Varuzhan guilty in accordance with Clauses 3 and 6 of Paragraph 2 of Article 119 of the Criminal Code (Torture) and gave him a three-year suspended sentence. After the trial, Judge Hovhannisyan said that they had decided to suspend Chitchyan's sentence from the start. "We couldn't send the child to the orphanage, could we? It would have been shameful. Problems like this should be solved at home, or it's the ombudsman's business, but never the court's. Be patient toward each other and live in harmony."

Not happy with the verdict, Varuzhan Chitchyan is considering appealing to the Court of Cassation.