In  2003 Zareh Berberian, a citizen of Syria, sold his home in Aleppo and moved to Armenia withy the hope of permanently residing here. However, things didn’t exactly turn out the way he planned. Zareh became the unfortunate victim of a scam in which, he states, Judge Gagik Khandanyan played an active role.

“While looking for an apartment in 2005 I happened to meet Emma Ghazaryan who suggested that I buy the one room apartment belonging to her mother, Sirush Babasyan. Emma told me that the two of them had purchased the flat from a woman called Azniv Grigoryan in 1997 but for certain reasons still hadn’t gotten around to registering the property officially. Thus, she requested that I wait a bit until the title was properly transferred over to them by the courts.” recounts Zareh.

On June 7, 2005, the Shengavit Court of First Instance, Judge Gagik Khandanyan presiding, recognized the ownership title of Sirush Babasyan regarding the apartment in question.

Zareh recounts, “Just to be on the safe side I met with Judge Khandanyan who assured me that all the documentation was in order and legal and that his decision of June 7th, which would take effect in 15 days, would set everything to rights and that there was nothing to worry about.”

Days later, On June 29th, with a Power of Attorney signed by her mother, Emma Ghazaryan sold the apartment located at #44/4 Tzeretel Street to Zareh for $11,500.

“In the course of one month I made several payments amounting to $10,700. We had agreed that I should pay the remaining $800 towards the apartment’s communal services and other fees after these amounts had been finalized.” Recounts Zareh and notes that he only obtained a receipt for $7,500 in payments from Ghazaryan because, “When I made that $3,200 payment the purchase contract had already been drawn up and signed and I didn’t think that I had any further reason to be over cautious.”

A short time later Zareh was informed that Emma Ghazaryan had lodged a claim against him in court.

Officiating at the hearing would be none other than Judge G. Khandanyan who sustained the claim that Zareh had only paid a total of $7,500 to Ghazaryan towards the apartment. Given that, in the eyes of the court, the financial obligations of the contract weren’t met in a timely and full fashion, the Judge ruled in favor of the plaintiff and stripped Zareh of any ownership rights to the apartment he might have obtained heretofore.

“What really incredulous is even though Judge Khandanyan himself certified that I had made payments of $7,500 there was nothing in his decision regarding the return of that sum to me.” states Zareh.

Even before Zareh had a chance to appeal the decision the apartment’s actual legal owner, Sargis Grigoryan, arrived in Armenia from Belgium. Mr. Grigoryan, it turns out, inherited the apartment from his aunt, Azniv Grigoryan, back in 1990.

It also turns out that the buy and sell contract, registered and notarized in 1997, between Azniv Grigoryan and Sirush Babasyan was actually forged by none other than the latter’s daughter, Emma Ghazaryan. What’s even more perplexing is that Judge Khandanyan seemingly failed to notice the glaring falsifications in said document.

Twice charged with embezzlement, a criminal case was brought against E. Ghazaryan. The defendant accepted all the charges levied against her.

On July 31, 2006, the Shengavit Court of First Instance found Ghazaryan guilty and sentenced her to six years. During the court proceeding it was also established that Zareh was the defendant and that he actually made payments of $10,700 towards the apartment, not $7,500. Judge Gagik Poghosyan ruled that this amount should be recovered in favor of Zareh. However, this part of the court’s decision has remained on paper only given that the guilty party, Emma Ghazaryan, has no assets registered in her name.

“Emma undertook this fraud with the conniving consent of Judge Khandanyan and handed a portion of the money she swindled from me to him. This entire scam couldn’t have been carried out without this judge turning a blind eye to the obvious falsifications involved.” Says Zareh and notes that it is Judge Khandanyan who personally must make restitution for the losses he’s incurred.

Along these lines Zareh has sent off numerous petitions and protest letters to the President of Armenia, the Minister of Justice and the General Prosecutor – all to no avail. In the meantime the Council of Justice has refused to begin disciplinary proceedings against Judge Khandanyan.

Along with his wife and three month old daughter, Zareh presently resides in a rented apartment. He has already decided to leave Armenia. “It’s not possible to come to terms with life here. Even the judges are guilty of gross violations but they go unpunished. Go complain to whomever you like…there’s no one who gives a damn.” says Zareh.