The prosecutor annulled the decision of Mashtots Investigation Division of Yerevan Investigation Department of General Investigation Department of RA Police on not starting criminal prosecution and initiated a criminal case for committing violence against Feliqs Gevorgyan brought to police by the employees of Mashtots Police Division pursuant to the Part 2 of the Article 309 of RA Criminal Code.

Senior prosecutor of RA Prosecutor General's Office, studying the materials prepared in RA Special Investigation Service based on the writ of the Court of First Instance of Ajapnyak and Davitashen administrative districts dated 17 June, 2013 on subjecting F. Gevorgyan to torture by the employees of RA Police Division of Mashtots, had found out that F. Gevorgyan charged with theft was found undefeated and justified by the verdict of 28 April, 2012.

Justification was also based on the conclusion that during the preliminary investigation Feliqs Gevorgyan's confession was conditioned by the torture committed by police employees, however, on the base of the mentioned announcement, the further investigation and the procedural decision were made again by the police investigator.

That is, during the preliminary investigation of the criminal case no proper measures were assumed to examine the defendant's announcements on torture and to bring the persons who had presumably committed torture to account. This has brought to negligence of the requirements of the article 3 of European Convention ''For Protection of Human Rights and Fundamental Freedoms'', the article 4 of UNO Convention ''Against Torture and other Inhuman or Degrading Treatment or Punishment'', the Constitution of the Republic of Armenia, as well as the part 7 of the article 11 of RA Criminal Procedure Code.

The mentioned verdict of the Court of First Instance of Ajapnyak and Davitashen administrative districts of Yerevan was appealed to RA Court of Criminal Appeals by the defendant. By its decision dated 9 July, 2012 the verdict of the Court of First Instance was reversed, the case was sent to the same court for new investigation defining a new investigation volume.

The Court of Appeals found that it is possible to speak about providing one of the minimal standards of efficient investigation only if the criminal case is investigated by an independent body, that is not related to the case – RA Special Investigation Service, and only this kind of investigation can give an answer to the question whether or not the person had been tortured. Accordingly, Feliqs Gevorgyan's complain letter on being tortured during preliminary investigation shall become a subject of investigation in RA Special Investigation Service and only after it the court can decide whether or not the defendant is guilty.

After the decision of RA Court of Criminal Appeals dated 9 July, 2012 had come into force, the criminal case was returned to the Court of First Instance of Ajapnyak and Davitashen administrative districts by the writ of which dated 17 June, 2013 RA Special Investigation Service was informed about the requirement of the judicial act, Feliqs Gevorgyan's complain letter on being tortured dated 17 October, 2011 was attached, as well.

Taking the above-mentioned into consideration the prosecutor annulled the decision of Mashtots Investigation Division of Yerevan Investigation Department of General Investigation Department of RA Police dated 28 November, 2011 on not starting criminal prosecution based on F. Gevorgyan's complain letter and initiated a criminal case for committing violence against him, offending the latter's rights and legal interests pursuant to the Part 2 of the Article 309 of RA Criminal Code.

Prosecutor General's Office of RA reports that the criminal case was sent to RA Special Investigation Service for preliminary investigation.