Deputy Head of Police Division and Other Officials Accused
The preliminary investigation of the criminal case initiated on March 25, 2011 on the abuse of official authorities, official negligence and giving false conclusion by the deputy head and chief inspector of the Sisian division of the Syunik Police and the medical expert as well as on the illegal keeping and carrying of weapons by the citizens has been completed in the RA Special Investigation Service. The senior prosecutor of the RA General Prosecutor's Office has confirmed the bill of indictment.
Based on the evidence obtained during the preliminary investigation it has been stated that on July 4, 2010, at about 09:30 p.m. the citizen of Sisian, the defendant A. Hayrapetyan phoned his townsman, the victim A. Khachatryan and called him to a meeting in order to settle the disagreements between them. Before A. Hayrapetyan had phoned his brother K. Hayrapetyan and asked him to come to the meeting as well.
At the meeting A. Hayrapetyan and A. Khachatryan had an argument, brawled each other and A. Hayrapetyan 2-3 times shot in the air by the "Voltran" gas pistol which he was keeping illegally. Then A. Hayrapetyan hit A. Khachatryan's head and nose by this pistol thus causing mild gravity damage to the latter's health with a short health disorder. Whereas, K. Hayrapetyan took the illegally kept AKM gun and deliberately shot on A. Khachatryan's leg causing medium gravity damage to his health.
On July 5, 2010 the policeman on duty informed the deputy head of the Sisian division of the Syunik Police, the defendant K. Nersisyan that on July 4, the citizen of Sisian A. Khachatryan had gone to the Aghitu military hospital with bodily injuries and said that he had fallen down. K. Nersisyan tasked the investigation of this case to the chief inspector of the Preventive Division of the Sisian division of the Syunik Police, the defendant H. Arsenyan.
The next day, on July 6, H. Arsenyan reported K. Nersisyan in a written form that he had got information from the chief policeman of the Criminal Investigation Division, the witness V. Tsaturyan that the above-mentioned citizen had not got bodily injuries as a result of falling but the citizen of the same town A. Hayrapetyan had hit him with an iron rod. K. Nersisyan called A. Hayrapetyan to his office and during the oral interrogation A. Hayrapetyan said that he had hit A. Khachatryan with an iron rod and hid the factual circumstances of the case that is the fact that his brother K. Hayrapetyan had caused bodily injuries with a gun and the names of the present persons. A. Hayrapetyan also asked K. Nersisyan not to set the case going.
K. Nersisyan, based on personal interest failed to carry out his official duties that is he did not undertake measures to detect the crime, to check and discuss the received information and called the chief inspector of the Preventive Division of the Sisian division of the Syunik Police H. Arsenyan to his office and tasked to take explanations from A. Hayrapetyan by guiding H. Arsenyan to accept the explanation as an objective truth. After K. Nersisyan and H. Arsenyan required A. Hayrapetyan to bring to the police the "Voltran" gas pistol and a 9mm bullet and the handing of the illegally kept gun was recorded as voluntary.
On the same day H. Arsenyan made a decision to take A. Khachatryan to forensic examination and tasked the Sisian medical expert of the Republican Scientific-Practical Center of Forensic Medicine of the RA Ministry of Health, the defendant S. Hayrapetyan to carry out a forensic examination.
After carrying out the forensic examination the latter distorted the fact that the bodily injuries had been caused with a gun and stated that they had been caused with a hard subject with flat edge and on July 7, 2010 he prepared Conclusion 15 based on false data.
Thus, H. Arsenyan broke the Article 57 of the RA Criminal Procedure Code that is he did not undertake the operative, investigatory and criminal procedure measures for the detection of the crime and the persons who had conducted it, did not confiscate the clothes of the victim and did not take the latter to a correspondent examination. He did not take criminal procedure measures for the detection of the gun either and on July 28, 2010 he made a decision to refuse the initiation of the criminal case as a result of which K. Hayrapetyan was relieved of criminal responsibility for illegal keeping, carrying and usage of weapons.
Later, K. Nersisyan came to know that a gun had been used during that meeting and in August 2010 required it from A. Hayrapetyan. On September 15, 2010 it was decided to refuse the initiation of the criminal case based on the fact that the gun had been handed voluntarily.
K. Nersisyan has been accused according to the RA Criminal Code Article 308, part 1, H. Arsenyan Article 315, part 1, S. Hayrapetyan Article 338, part 2, point 2, A. Hayrapetyan Article 235, part 4 and K. Hayrapetyan Article 235, part 1. Prosecutor General's Office reports that the criminal case has been sent to the Court of First Instance of Syunik region.
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