According to Liparit Simonyan, it becomes evident from this accusation conclusion that it is only based on the testimony of deceased Artashes Galstyan, and the other materials of the accusation which are to substantiate the latter`s testimony, are of a facultative nature and contradict to Galstyan`s testimonies.
Satisfying the solicitation of the defense, the first instance court decided to remove the preliminary investigation testimonies of defendant Artashes Galstyan and the record of the cross-questioning of Ashot Arushanyan from the accusation, recognizing it as unacceptable evidence.
“The conclusions of the Court adverted by the verdict and as if proving of Arushanyan`s guilt, entirely stem from the evidence recognized unacceptable by the court. They cannot become a basis for the accusation. The other reasons about having Ashot Arushanyan`s guilt proved and used on the basis of the Court verdict are just results of mere assumptions, and they do not stem from the analysed evidence, it seems that with those the court put the burden of proving the innocence on the defense”, said the advocate.
According to him if it is not proven that Ashot Arushanyan was aware of the theft as well as it is not confirmed that he gave any information allowing the commitment of the crime, then the conclusions of the court can not be put on the basis of making the accusation verdict.
“Artashes Galstyan gave testimonies of confession, but in none of them he spoke about Ashot Arushanyan providing information to them. Moreover, he said: “Nobody knew about it except me and Edgar””.
Liparit Simonyan brought the attention of the Court to the fact that Artashes Galustyan gave testimonies against Ashot Arushanyan which do not conform to reality, in order to be freed. Tigran Arakelyan was also in the same cell with him in “Nubarashen” penitentiary.
“What is say is also proved by the testimonies of Tigran Arakelyan questioned during the judicial investigation. He informed the court that Artashes Galstyan was clearly saying on the day before his release and on that exact day that he would go home and that his detention measure would be changed. They had even mentioned that they would like him to give testimonies non-conforming to reality against a third person, and only after that his detention measure would be changed. The following day the inspector came and took Galstyan and he never came back. It is notable that Tigran Arakelyan gave this testimony not in the framework of this case, but in the framework of the case at the Yerevan investigative department investigating the suicides of Petros Galustov and Artashes Galustyan”.
Tigran Arakelyan`s testimony was also confirmed by the Hayk Tadevosyan and Andrey Maziev who were in the same cell. Their testimonies had also been examined at the court, attached to the criminal case of the suicides of Petros Galustov and Artashes Galstyan.
The court sitting was postponed and was set for 11 August.
Arev Avagyan
