Mher Yenoqyan – Hetq Correspondent at Nubarashen Prison 

Greetings Dr. Selma Eikelenboom,

My name is Mher Yenoqyan. I am serving a life sentence in Armenia. As a forensic medical expert you are well aware of the issues involved in my case.

When I learnt that Independent Forensic Services IFS, operating in the U.S. State of Colorado and Holland was ready to examine my criminal case and provide an independent forensic conclusion, I immediately agreed. I was convinced that an unbiased approach would lead to an official confirmation of what I have been claiming for some 20 years. Years later, it was the only possible forensic examination since the authorities in Armenia continue to destroy physical evidence.

In 2014, my criminal case material was translated, officially notarized, and sent to you in the Netherlands. Your findings were ready after a four month study. In the summary of the findings, you wrote that you weren’t able to find any proof in the material sustaining that I killed Iosif Aghajanov or that I planned his murder. However, our Prosecutor General’s Office refused to review my case 20 years later based on your findings. Neither did our Court of Cassation. We appealed the Prosecutor General’s refusal in the courts, but to no avail. Armenia’s legal-judicial system believes that all verdicts handed down in the country are formulated correctly. There is no precedent for a case to be reopened years later and to accept that a judicial mistake has been made. As time passes, I am convinced that such a state of affairs is the result of laziness more than anything else.

In my cell, I read about victories of justice that had been delayed for years. Each story gives me hope. I am currently a student at the faculty of law so that in the future I can assist those wrongly convicted.

As a prison correspondent for the news site hetq.am, I would like to interview you via email. I hope you will accept my offer. Below, please find my questions to you.

Sincerely,

Mher Yenoqyan

Here are my questions:

Studying my case, what general impressions did you have? What struck you as odd or irregular?

I have the impression the investigation was not done objectively. The technical findings like the bloodstains on the scene and the injuries of the victim did not support the hypotheses on what might have happened. The statements of Aram Harutyunyan were not supported by the technical findings. The statement of the forensic-medical expert is not in accordance with the scientific knowledge of today.

In the forensic exam of my case you noted, “The forensic DNA profile of 1996, as well as the examination of fingerprints, were already accessible. According to the documents, such examinations of physical evidence were not conducted. The fact that such exams weren’t carried out, was absolutely to the detriment of Yenoqyan.” Are such oversights the norm in cases examined in the U.S. or Europe? 

A defendant has the right to a proper investigation. That includes DNA profiling, finger printing examination, forensics medical examination, bloodstain pattern analysis, etc. Those are the norms in any civilized country.

You had noted that Aram Harutyunyan’s fourth testimony, based on which I was sentenced to life imprisonment, doesn’t correspond to the forensic findings. You had also noted that the forensic doctor’s examination doesn’t correspond to contemporary science. Do you have any information on the number of court decisions in the U.S. or Europe that were later overturned based on the fact that the scientific methods at the time were outdated? 

I am sorry, but I have no idea. I only know that is happens regularly.

When you first asked me about those involved in my case, it was about the physical evidence. What did you think/feel when you found out that such evidence isn’t preserved in Armenia but destroyed? 

That is very bad indeed. You will probably know the legal rule “In dubio pro reo” which means that when in doubt they should favor the defendant. Because the evidence was destroyed it is very difficult for you to prove you are innocent, while they should have proved you are guilty. You did not have a fair trial because of this.

How is physical evidence preserved in the U.S. and Europe? How are genetic examinations revolutionizing the criminal justice system? 

The chain of custody is the basis for any criminal investigation.  Physical evidence should be taken into custody by the police, categorized and sealed after each investigation for traces. The time they keep the evidence depends on the local police. In Holland, DNA evidence needs to be kept for 30 years.

As a result of your professional work, how many wrongfully convicted people have later been absolved and set free? 

Around 10, that was after they were convicted. We worked numerous cases where we were able to prevent a wrongful conviction.

P.S. I am very sorry for your ordeal and I hope one day justice will be served and you will be able to clear your name.

Stay safe,

Selma

(Top photo: Dr. Selma Eikelenboom, Mher Yenoqyan)