The investigator stopped the criminal prosecution in the case of torture based on sexual orientation

A year ago, H.A. appealed to Right Side Human Rights Defender NGO and reported that he had made a statement about a crime, to which he was the victim, to the Garrison Prosecutor’s Office No. 1 of the RA Military Prosecutor’s Office in 2021, regarding which a criminal case had been initiated and 4 people were charged under Article 309.1 of the RA Criminal Code, Part 1,  2, Clause 4 (torture). H.A. applied to Right Side NGO and asked the organization to oversee his case, as a result of which, from October 5, 2022, the lawyer of Right Side Human Rights Defender NGO was involved as the authorized representative of the victim H.A..

H.A. informed Right Side that, in 2020, when he was in the Armed Forces X military unit in the Republic of Artsakh, he was regularly beaten by the officers because of his sexual orientation. After reporting the crime, a criminal case was initiated and he was recognized as a victim.

Currently, the criminal case has been transferred from the Republic of Artsakh to the Department of Investigation of Crimes on Torture and Abusing or Exceeding Authorities by Officials through Using Violence of the General Department of Investigation of Particularly Important Cases of the RA Investigative Committee. 

In September 2023, the investigator of the case made a decision to stop the criminal prosecution against the 4 defendants, claiming they has not committed the alleged acts.

The legal team of Right Side NGO filed an appeal to the court, demanding to cancel the termination of the criminal prosecution against G.L., M.N., G.B., and R.G.. The complaint was rejected by V. Avetisyan, the head of the procedure for crimes against state authorities of the RA General Prosecutor’s Office, on October 2, 2023. We will continue to protect the interests of the victim until justice is restored. Right Side condemns any type of violence -- especially if it is caused by a person’s sexual orientation, gender identity, or other personal characteristics.