“The Court has done more than it could do:” the Case of the Soldier suffering from Chickenpox

The Criminal Court of Appeal presided by Henrik Ter-Adamyan, continued the hearing on the criminal case against Minas Mkrtchyan and Mikael Mikayelyan.

They were charged for negligence and non performance of the necessary medical procedures, and for negligence of service duties and failure to undertake necessary measures to prevent the spreading of disease, which caused the soldier Hayk Khachatryan’s death.

The mentioned criminal case was being considered for about 2.5 tears in the Court of General Jurisdiction of Erebuni and Nubarashen Administrative District of Yerevan City.

As a result the court had taken a decision to dismiss the case and to stop criminal persecution of the defendants. Mushegh Shushanyan, the representative of the victim’s successors appealed the decision. However Movses Khachatryan, the successor of the victim and advocate Mushegg Shushanyan, the representative of the victim’s successor were not present at the previous session. This session was continued in the absence of the victim’s successor. Mushegh Shushanyan was very brief in his statement of appeal and only asked to invalidate the judgment of the first instance court.

In reply to the advocate, the defendant Mikael Mikayelyan’s defender Varduhi Elbakyanmentioned that the court of the first instance had ruled a correct judgment. “The first instance court proceedings lasted for 2.5 years, which reflects the fact that the court tried in the framework of its competence to identify all circumstances and designate two forensic examinations. The Court has done more than it could do,” Mrs. Elbakyan said.

Prosecutor Anahit Yeghiazaryan, speaking of the appeal’s protest, said that the first instance court questioned and infectiologist, and surgeons, who all showed the inevitability of death from chickenpox. After that the court applied amnesty.

As a result Mrs. Elbakyan concluded that the amnesty act which the first instance court had ruled should stay unchanged.  Advocate Levon Poghosyan noted that the preliminary investigation, as well as the trial had not proved the guilt of his client, Minas Mkrtchyan. He described the decision of the Court of First Instance as comprehensive and grounded.

The next court hearing is scheduled for May 21, but without a successor, and his representative, at their request.

Tigranuhi Harutyunyan


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