The oppositionist Grisha Virabyan, who received a political asylum in Belgium and who was tortured at the police department, then won the Case “Grisha Virabyan v. Armenia” at ECHR, is in Yerevan now. Iravaban.net had an interview with Grisha Virabyan about the torturers (Virabyan insisted that the Chief of Police was among them) as well as about the criminal case that he occurred in Belgium.
In 2004, Grisha Virabyan being the member of ANP and Stepan Demirjyan’s authorized representative, participated in demonstrations and then, on 23 April, was invited to Artashat Department of the Police. He was tortured there because they tried to get some information from him and as a result a serious damage was caused to his health.
On 2 October, 2012 the European Court made a decision which establishes the fact of the torture towards Grisha Virabyan, as well as violation of presumption of his innocence and the rights of fair trial and it was decided to send the case to the new prejudicial inquiry.
The RA was obliged to pay 31 thousand Euros compensation for judicial expenses and violation of G. Virbyan’s rights, as well as abrogate the violation of right, according to the domestic Legislation. And now the case has been send to the new preliminary investigation.
-Mr. Virabyan how it appeared to be that you return to Yerevan?
-I have returned as it was necessary for the investigation of the case. The investigator had sent a notice with the requirement to pass a medical expertise, and I came here on investigator’s request. Notably a few months before I said that I am ready to com and meet tête-à-tête with Ashot Karapetyan (Yerevan Chief of Police), look into his eyes, which he tries to escape, and say the same what I had said in April may 2004, during the preliminary investigation of the case.
-How long have you been here and has the forensic expertise been carried out?
-I am here for a few days already. The forensic medical examination has been carried out, but I do not want to speak about the future, as I have signed to keep the secrecy of the case materials. But I can repeat what I said during the years. Those guilty must be punished, I shall achieve this verdict, there will be no concession. I was innocent and everything was fabricated on the political motivation.
-Did you meet the Chief of the Yerevan Police Ashot Karapetyan, or was there a confrontation in the framework of the case?
-No, there was not any confrontation. In addition, I did not undertake any steps for it. You are the first person I am talking about this case. I will not take any steps; I am ready to do everything that the investigative officer says.
I have always said that I am not a man that would pin my fault on an innocent man, and he would not be punished instead of me; I will never forgive myself for that. I will follow that the accused ones must be punished in the framework of law. And it does not matter for me that now Ashot Karapetyan is Major General, Head of the Yerevan City Department of the RA Police. The ones who appointed him to that position must be worried about it because his name is mentioned in the decision of European Court. I have no problems.
-I understand it is hard for you to remember this, but anyway could you please tell us how the case happened and who where the ones who tortured you?
-I have signed to keep the secrecy of the case but what I would say is known to everyone, it is not a secret and has been reported repeatedly.
In 2004, a case on the charge of carrying weapon illegally was initiated against me, but in reality it was for participation in the demonstrations. After the incidents on 12 April, I was persecuted for 3 months. I was refraining from going to Artashat (Grisha Virabyan’s house is there), and on 23 April, just in front of the door to my home the policemen asked me to come to the police department and to speak to Samvel Rshtuni, then the Chief of police.
I remember that day very clearly that we-the members of the party were gathering at “Kazirok” café. I met political scientist Hmayak Hovhannisyan that day, we drank coffee, spoke about general things; I said that I was going home; he said that I’d better not do that. In the morning on 23 April, I went home nut I did not enter the house, they asked me to go and speak to the Chief of the Police. It would be shame for me if I try to escape.
I agreed to go but they did not take me to the Chief of Police. Instead they took me to the Chief of the Criminal Intelligence Department Hovik Movsisyan; there was a normal conversation between us. Then he went to the Deputy Head of the Police Armen Gabuzyan, and then I was also taken to Gabuzyan’s office. When I was working at the government (in the Prime Minister’s Staff) he has taken money by blackmailing from a citizen, purchased petrol and demanded that the citizen must pay for it. I met the Chief of the Police and the money was given back.
He remembered it. In addition, because there was an instruction to arrest me and he used that opportunity and organized the torture. When we entered his office he asked why I was using foul in the corridor. I replied that I had not done it. He said you just did it and turned to the others saying to file a case immediately. When they took me to another office all the policemen were entering and saying that they refused to write report against me because they did not want me to be arrested for 15 days. Finally, they found a young employee who had to write a report because somebody had to write it; they told me that they would not take me to court, and I would be given 10-15 days of arrest, I would stay at their office and would lunch with them; but it was an obligation and they had to do it.
During that period the Head of the Criminal Intelligence Department Hovik entered, cursed and hit my side. When I told him if he did not recognize me, what he was doing, he hit my face. There was something on the table and it appeared to be a phone charger. I took it and hit him. Then I was taken to another room and the torture started. Ashot Karapetyan came as well. He was hitting down the waist by his iron key. I do not want to give more details.
During that time they called the ambulance three times and they gave me painkiller. Once they were checking if I was drunk and then hit me again; the Prosecution came to sue a case that evening but I felt very bad and they left it for the next day. My health condition worsened at the dawn and I was taken to hospital and was operated on.
I would like to mention one thing: that it is mentioned in the criminal case that on 23 April at 17 o’clock an unknown citizen called at the police department informing that Virabyan is carrying a weapon. The letters and calls of unknown cases are not preceded. But there are documents of initiating the case and arresting me. During the case investigation we demanded to write what the emergency service injected and when. The note from the record book of the ambulance has been attached to the materials; it says that I was provided aid on 23 April at 11:20 or 11:40 o’clock for the first time, then at different hours until 17:05 o’clock.
Thus, the thing is that during the whole time I was at the police department, I was administered painkillers at the police department and at 17:00 the Chief of the Police signed the decision of my arrest.
-If I am not wrong, illegal weapons possession case was dismissed.
-The case has been closed but not on the basis of legal justification. It was mentioned that I committed a crime but suffering I understood my guilt. Let the RA Ministry of Justice show the amount of the sufferings: what is its amount of suffering? Liter or Kilograms. I can rob the bank and then cut my finger and say do not seize me because I have suffered.
I always demanded either to justify me or to send the case to the court where my innocence would be proved. But they were not doing it because that mismatch of the documents would be revealed.
-At this moment, the case has been sent for the new preliminary investigation; are you satisfied with the process?
-I underwent through the forensic examination. I feel the difference. They examined me superficially then, but now they even examined the broken side, asked whether I have some complaints or not. But I cannot say anything about this yet.
-Do you notice any positive changes in the system of justice in Armenia?
-I do not think so; the bribery remained the same, there is a sponsorship and there are unjust sentences.
-But do the police torture the same way?
-ECHR has ruled decisions against Armenia in the last period. It is kind of restraining. But if the question is to give the authority they will not stop on anything, they will torment and kill.
-In one of our conversation you were also complaining of the justice system in Belgium.
-Their laws are the most conservative in Europe. They have a lot of discussions about having old laws but they are afraid to make reforms because many people would be unemployed in case of these reforms. They can have conclusions not only on the basis of the facts but also on the supposition. The Romanians are famous for car robbery there. And there was a case when young Romanians were tried for an attempt to rob because they were attentively looking at a new car.
There are cities which have more than 100 judges and prosecutors. The condition is very hard there. If the accused speaks a little bit longer they will say that he is aggressive and it can be a basis of saying that may commit a crime.
-You have been accused of trying to kill a young Armenian and have been imprisoned for about six months. What was it?
-I have helped that guy a lot. But he stole two phones from my house. He met authoritative people and said as if I insisted him to give me phones but that people phoned me and told me that he would come and return the phones. But he cursed me among others. Last year on 4 November he came to my house with another guy. I asked why he cursed me and then we started to argue. And I beat him. He stayed at my house for about 10-15 minutes; it was proved by the phone calls; he came at about 8 o’clock in the evening, went out at 8:10 o’clock and at 10 o’clock went to the hospital and said that I tried to kill him. He mentioned that I am a political figure in Armenia; and the Armenian authorities hired me to kill him. Later the judge was even laughing at it.
-On 26 November, early in the morning there was a search in my house but they found nothing and took me to the Prosecution. I was imprisoned while the results of the forensic examination came. The experts said that he could try to hit himself because once he tried to commit a suicide.
Later I was let free by paying the fine because I had beaten him and I never hid that fact.
Astghik Karapetyan
