Tuesday, December 25 2018 12:10

ArmInfo. The imperative of guarantees for a fair judicial investigation of each criminal case is the full independence of the judicial system and the protected professional activities of a lawyer. This is stated in the comment of the Defender of Human Rights Arman Tatoyan in connection with the situation related to Manvel Grigoryan.

 

As noted in the document received by ArmInfo, the statements, threats and even calls to violence against Judge David Balayan, who made the decision to release Manvel Grigoryan from custody on bail, the lawyers of the general and their family members raise concerns. "We are deeply concerned about the hate speech in social networks aimed at humiliating dignity. Moreover, the survey shows that these comments and notes tend to grow," the commentary says. It also noted that an effective judicial system requires the full independence of judges. This high value is fixed in the RA Constitution and international treaties, which provides for independence not only from the legislative, but also the executive branch of government. It also means an independent and neutral attitude towards the adoption of court decisions, regardless of the content of the case under investigation or on public perceptions about the authority or image of the person being prosecuted in a criminal case.  The case investigated by the court or the issue submitted to the investigation is always specific, the decision on which the court itself must give, taking into account all the specific circumstances of the case. The current situation is also problematic by the fact that there is still no judicial act on whether the matter has really been decided, whether Manvel Grigoryan is really guilty, and there is a judicial decision regarding him. This means that any influence may jeopardize the human right to an effective court, which will result from the disintegration of the latter, and this will jeopardize the realization of the fundamental right to a fair trial.

 

To recall, on December 21, the court of general jurisdiction in Yerevan decided to release General Manvel Grigoryan, deprived of parliamentary immunity, on bail of 25 million drams (more than 51.5 thousand dollars). Immediately after that, protest actions began in Echmiadzin, and in social networks there were actively voiced demands to return Grigoryan to arrest. Grigoryan was taken to the village of Aknalich of Armavir region, where he has a mansion. The police carry out round-the-clock duty near his house in order to avoid possible incidents. On December 24, the Prosecutor General's Office of Armenia appealed against the decision to release Grigoryan on bail. The lawyers claim that Grigoryan is seriously ill, and his imprisonment condemns him to a slow death. Manvel Grigoryan was arrested in June of this year on charges of illegal possession of weapons and misappropriation of food for the military. The Investigation Committee of Armenia conducted searches in the mansion of the general. The law enforcers also found an impressive amount of food intended for soldiers on the front line.