Identifier
Created
Classification
Origin
08YEREVAN596
2008-07-25 12:04:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Yerevan
Cable title:
APPEALS COURT UPHOLDS ORDER FOR PROSECUTION TO RE-OPEN
how-toVZCZCXRO6158 RR RUEHLN RUEHVK RUEHYG DE RUEHYE #0596 2071204 ZNR UUUUU ZZH R 251204Z JUL 08 FM AMEMBASSY YEREVAN TO RUEHC/SECSTATE WASHDC 7828 INFO RUCNCIS/CIS COLLECTIVE RUEHLMC/MILLENNIUM CHALLENGE CORPORATION WASHINGTON DC RUEHNO/USMISSION USNATO 0649
UNCLAS YEREVAN 000596
SENSITIVE
SIPDIS
DEPT FOR DRL AND EUR/CARC
E.O. 12958: N/A
TAGS: PHUM PGOV PREL KJUS AM
SUBJECT: APPEALS COURT UPHOLDS ORDER FOR PROSECUTION TO RE-OPEN
DEATH-IN-POLICE CUSTODY INVESTIGATION
REF: 07 YEREVAN 649, 07 YEREVAN 713
(U) Sensitive but unclassified. Please protect accordingly.
UNCLAS YEREVAN 000596
SENSITIVE
SIPDIS
DEPT FOR DRL AND EUR/CARC
E.O. 12958: N/A
TAGS: PHUM PGOV PREL KJUS AM
SUBJECT: APPEALS COURT UPHOLDS ORDER FOR PROSECUTION TO RE-OPEN
DEATH-IN-POLICE CUSTODY INVESTIGATION
REF: 07 YEREVAN 649, 07 YEREVAN 713
(U) Sensitive but unclassified. Please protect accordingly.
1. (SBU) On July 21 Manushak Petrosian, judge of the Appeals Court,
upheld the June 6 decision of the first instance court, ordering the
re-launch of the investigation into the circumstances of Levon
Gulian's death in police custody (refs A, B). It is still unclear
whether the Prosecutor General's office and the Special
Investigative Service (SIS) will pursue further appeal to the
Supreme Court to avoid re-opening the case. The hearing outcome was
foreshadowed early in the session, as Judge Petrosian grilled the
SIS representative (who was in charge of, and who closed, the Gulian
case) with questions about inconsistencies in the actions of the
law-enforcement bodies and investigation gaps.
2. (SBU) COMMENT: It is interesting to see the courts standing up
to prosecutors and SIS on this, and not entirely clear to us why
this has been so twice in a row now (with the original court and now
the appeals court). It is encouraging that the courts are refusing
to let the PG and SIS off the hook on dropping a case that it seems
clearly they do not want to investigate properly -- no doubt because
they do not want to uncover the police misconduct that probably
underlies this tragic death.
PENNINGTON
SENSITIVE
SIPDIS
DEPT FOR DRL AND EUR/CARC
E.O. 12958: N/A
TAGS: PHUM PGOV PREL KJUS AM
SUBJECT: APPEALS COURT UPHOLDS ORDER FOR PROSECUTION TO RE-OPEN
DEATH-IN-POLICE CUSTODY INVESTIGATION
REF: 07 YEREVAN 649, 07 YEREVAN 713
(U) Sensitive but unclassified. Please protect accordingly.
1. (SBU) On July 21 Manushak Petrosian, judge of the Appeals Court,
upheld the June 6 decision of the first instance court, ordering the
re-launch of the investigation into the circumstances of Levon
Gulian's death in police custody (refs A, B). It is still unclear
whether the Prosecutor General's office and the Special
Investigative Service (SIS) will pursue further appeal to the
Supreme Court to avoid re-opening the case. The hearing outcome was
foreshadowed early in the session, as Judge Petrosian grilled the
SIS representative (who was in charge of, and who closed, the Gulian
case) with questions about inconsistencies in the actions of the
law-enforcement bodies and investigation gaps.
2. (SBU) COMMENT: It is interesting to see the courts standing up
to prosecutors and SIS on this, and not entirely clear to us why
this has been so twice in a row now (with the original court and now
the appeals court). It is encouraging that the courts are refusing
to let the PG and SIS off the hook on dropping a case that it seems
clearly they do not want to investigate properly -- no doubt because
they do not want to uncover the police misconduct that probably
underlies this tragic death.
PENNINGTON