Through the efforts of Right Side NGO’s legal team, severe psychological harm caused by torture was documented, paving the way for charges against those responsible.

In 2022, H.A. approached Right Side NGO and reported that, in 2021, he had submitted a crime report to Military Prosecutor’s Office Garrison No. 1 of the Republic of Armenia. Based on that report, a criminal case was initiated, and four individuals were charged under Article 309.1, Part 1 and Part 2, Clause 4 of the Criminal Code of the Republic of Armenia (torture). By applying to Right Side NGO, H.A. requested legal representation and protection of his rights as a victim.

H.A. informed the Organization that in 2020, while serving in Unit X of the Defense Army in the Republic of Artsakh, he was repeatedly subjected to physical violence by members of the officer corps because of his sexual orientation. Following his report of the crime, a criminal case was initiated, and he was recognized as a victim.

The criminal case was transferred from the Republic of Artsakh to the Department for the Investigation of Torture and Crimes Involving Abuse or Excess of Official Authority through Violence, within the Main Department for Particularly Important Cases of the Investigative Committee of the Republic of Armenia.

As of October 5, 2022, a lawyer from Right Side NGO was engaged as the authorized representative of victim H.A.

After reviewing the motion submitted by H. Sargsyan, Deputy Head of the Department for the Investigation of Torture and Crimes Involving Abuse or Excess of Official Authority through Violence of the Main Department for Particularly Important Cases of the Investigative Committee of the Republic of Armenia, seeking the termination of criminal prosecution against the defendants G. Lalayan, G. Babayan, M. Nersisyan, and R. Gabrielyan, prosecutor H. Mashadyan of the Department for Crimes Against State Authority of the Prosecutor General’s Office of the Republic of Armenia issued a decision on September 4, 2023, terminating the criminal prosecution against all of the aforementioned defendants.

By challenging the decision to terminate the criminal prosecution, the Organization ultimately succeeded. On March 31, 2025, the Criminal Court of Appeal of the Republic of Armenia upheld the victim’s lawyer’s appeal, recognizing a violation of H.A.’s rights and obliging the authority conducting the proceedings to remedy that violation.

Following the decision of the Criminal Court of Appeal, the investigative body resumed the investigation and ordered a comprehensive forensic psychological examination.

According to the expert opinion issued on April 29, 2026, H.A. had suffered severe mental anguish.

As a result of a lengthy legal struggle, it was established that H.A. suffered severe mental anguish as a consequence of the torture he endured during his military service, which will serve as grounds for bringing charges against the individuals responsible for the torture.

02-06-2026
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