Human Rights Activists Appeal against the Judge for the Axed Family Case
14.07.2016
12:00
Human rights activists intend to submit an application to the Court of First Instance of Shengavit administrative district with the request to dismiss Judge Nelly Baghdasaryan.

On July 8, murder took place in Yerevan, during which the former husband axed and seriously injured 37-year-old Taguhi Mansuryan and her father, and her mother was axed to death. Vladik Martirosyan, her former husband, was arrested on the suspicion of committing the crime. Immediately after the case Taguhi and her father were taken to hospital, where they are located so far.

Spouses' life was full of violence and beating. After the divorce, her ex-husband did not leave Taguhi and her parents alone. He routinely harassed and assaulted them about which Taguhi regularly reported to the police.

Taguhi’s ex-husband has been sentenced for torture. Nelly Baghdasaryan, Judge at the Court of General Jurisdiction of Shengavit administrative district, decided to sentence Martirosyan to 6 months in prison on January 27 as he was regularly beating his wife, with the intention of causing him severe pain and mental suffering, but she suspended the sentence conditionally.

“Definitely we assess it very obvious and gross judicial error, violation of law on substantive rights. In this case, a violation of the Criminal Code provision took place. And it is clear that a judge making this level of gross, obvious mistakes is incompatible with the high position of a judge and must cease her powers. In this respect, the lawyers of our organization are preparing documents to appeal to the Judicial Ethics and Disciplinary Commission of the General Assembly, requesting disciplinary proceedings against Judge Nelly Baghdasaryan and not only her, also against the three judges of the Appeals Court, who are responsible: Judges Manushak Petrosyan, Sevak Hambardzumyan and Arshak Khachatryan,” Lusine Hakobyan, Attorney, President of Europe in Law Association NGO, said during the discussion at Media Center today.

Lusine Hakobyan said that the judges made gross and obvious violation of the substantive law.

"The Council of Justice should apply to RA President with the request to dismiss these judges. Nelly Baghdasaryan decided to waive the sentence, given that the defendant is sick. Obviously she displayed rough negligence considering the facts and conclusions of the forensic examination about how many episodes and in whatever way he tortured his wife," Hakobyan said.

Zara Hovhannisyan, Coordinator at “The  Coalition to stop Violence against Women”, said that the  mistakes of the judicial system led to a situation that the violence was repeated and had more severe consequences.

According to the data of “The  Coalition to stop Violence against Women”, 30 cases of death were registered in Armenia as a result of domestic violence during the last three years.

“We see strange verdicts. In particular we can see the verdict of Diana Nahapetyan that took place last year, when she was killed by 21 beats of knife by her husband in front of 2 teenage girls and he was sentenced to 3.5 years imprisoning. The judicial procedure lasted so long that he would remain in prison only for half a year,” Hovhannisyan said.

She emphasized that the approach towards the killings of women is not serious.

“Mostly it is considered that a woman is guilty, she motivated his husband by her behavior. In case of Taguhi, when we went to burn a candle near their house yesterday, the neighbors also said that she motivated and he killed. We deal with this cultural framework that moves very smoothly to the judicial system,” Hovhannisyan said.  

She said that while considering this case, the absence of 3 layers is fixed here that is impossible to ignore: the judicial system, the legal system (lack of a law against domestic violence) and cultural educational approach.

Invitations were also sent to the Police Department and the Judicial Investigation Committee of Armenia but they refused to participate in the discussion.

Lilit Arakelyan, editor/events coordinator at “Media Center”

To contact the author please send an email to lilitarakelyan@pjc.am.

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