Human Rights Watch’s letter

Dear Mr. Hovsepyan,

We are writing to express our profound concern regarding the lack of effective investigation into allegations of torture and inhuman and degrading treatment relating to the cases of Razmik Sargsyan, Musa Serobyan, and Arayik Zaliyan, accused of murdering two of their fellow conscript soldiers in December 2003.

We urge you to ensure that an effective investigation is carried out into the credible torture and ill-treatment allegations without further delay. Considering that the confession allegedly made under duress remains key evidence in new charges against the defendants, we also call upon the prosecutor’s office to suspend the charges until such an investigation is carried out.

On May 13, 2005, the Syunik Marz Court sentenced Razmik Sargsyan, Musa Serobyan and Arayik Zalyan to 15 years of imprisonment on charges of murdering the two conscripts. On May 30, 2006, the Court of Appeals changed the sentence to life imprisonment. However, in December 2006, the Court of Cassation dismissed the case, sent it for re-investigation and ordered the release of the defendants.

It is our understanding that the prosecutor’s office continued to press the charges against Sargsyan, Serobyan and Zalyan and sent the case back to the first instance court in 2008. It is also our understanding that neither the courts nor the prosecutor’s office have carried out independent, prompt, thorough, and effective investigation into the serious allegations of torture and ill-treatment.

In May 2008, the Shirak Regional Court began a new trial against Sargsyan, Serobyan and Zalyan related to the same incident, this time on charges of causing serious bodily harm that led to the death of the two other conscripts. This is the second time that their case is under juridical consideration related to the same incident.

Taking no position on the defendants’ innocence or guilt, we are profoundly concerned that the new charges are again largely based on the confession of one of the defendants, Razmik Sargsyan. There are reasonable grounds to believe that this confession was made after he was subjected to torture and other cruel treatment.

Sargsyan states that the investigators handcuffed his hands behind his back, suspended him from his hands, and beat him in this position. They also threatened him with a rape.

Late, during the pretrial investigation and trial, Sargsyan stated his innocence saying that he had been forced under physical psychological pressure into making the confession. The other defendants, Serobyan and Zalyan, also told the Syunik Marz Court, the first trial court, that they had been tortured during interrogations by investigating officers and that they never pleaded guilty.
The Syunik Marz Court failed to consider the defense’s motions that were introduced to substantiate the torture complaints. For instance, the court refused to grant the defense’s motion to do an examination of the wooden floor in the investigation room in which the men were questioned.

According to the defense, the floor has blood stains as result of torture of Sargsyan, Serobyan and Zalyan. The court also refused to examine medical documents from the hospital where Sargsyan was taken during his hunger strike that indicate a variety of medical problems, some of which appear to be result of beatings.

International treaties to which Armenia is a party, including the European Convention on Human Rights, the international Covenant on Civil and Political Rights , and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment all require respect for international and absolute prohibition on the use of torture. The failure to upload these standards would continue serious branches of Armenia’s international obligations.

Human Rights Watch believes that it is very important that given the credible allegations of torture in this case, and Armenia’s obligations to do so, that a prompt and thorough investigations into the allegations is ordered and that the charges are suspended until the completion of the investigation.
Thank you for your attention to this urgent matter.
Sincerely
Rachel Denber
Deputy Director
Europe and Central Asia Division
Human Rights Watch