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The Case of the Death of 2.5 Year Old Child. The Lawyer presented a Withdrawal to the Court.

Today, during the court session of the case of the death of 2.5 year old child in the Court of General Jurisdiction of Arabkir and Kanaker-Zeytun Administrative Districts of Yerevan started with a motion.

On 31 December 2012, Lia Misakyan had a fever and shocks, when she was brought to the hospital by the ambulance. She died on 2 January 2013. Two doctors, Lilit Vardanyan and Zarine Ayvazyan were charged in the framework of the criminal case.

The motion filed by Givi Hovhannisyan and Yerem Sargsyan, the advocates of the accused, concerned the violation of the principle of competition. Givi Hovhannisyan, the defender of Lilit Vardayan, reading the motion stated that during the whole process of investigation the court chaired by the Judge Levon Avetisyan, showed obviously biased attitude to the defense side. He introduced some examples stating that in some cases the court satisfied the motion of Artur Sakunts who is the representative of the Victims’ successor. In some other cases the court rejected the motions.

“After posing some threats of presenting a withdrawal, the court has invited a witness who spoke about things which have nothing to do with the given case. The court does not call the nurse, as well as the expert for interrogation. However it satisfies the motion filed by the aggrieved party. So we think that the court will make an accusation verdict”,-the advocate said.  Taking this into account, the advocates filed a motion to present a withdrawal to the court.

The prosecutor made some objections stating that the defense party relies on their subjective observations. “A motion is filed based on the opinion that the court rejects their motions. So according to this they think that there is no legal basis. Actually I cannot give a legal answer to it since the motion has no legal basis and the withdrawal is groundless”, the prosecutor said.

Georgi Minasyan, the victim’s successor approved the prosecutor’s considerations. Artur Sakunts who is Georgi Minasyan’s representative stated that the motion is groundless. The latter talked about the statement introduced by the advocate according to which some pressure is put on the court by the aggrieved party. “The defender should either present a report on the criminal case about involving me as a suspect or the latter should apologize for introducing such kind of observations”, Artur Sakunts said. The court went to the advisory room. The court rejected the motion.

Then the defense party held a speech. Advocate Givi Hovhannisyan said that it would not take long since the court operates unbiased. The latter insisted that the accusation is not justified. Givi Hovhannisyan said that the court should recognize the defendant insane.

Yerem Sargsyan, who is Zarine Ayvazyan’s defender, stated that he did not have any opportunity of preparing for the speech since the defense party was not provided with some decisions made by the court. Taking this into account the court provided the defense party with materials of court decisions. The court session was postponed so that the defense party can prepare for the speech.

The further pleadings will be on 14 May.

Gevorg Tosunyan


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