Court Orders Re-Examination of Torture Case Based on Sexual Orientation

In 2022, H.A. applied to the Right Side Human Rights Defender NGO and reported that in 2021, he had submitted a formal complaint to the Prosecutor’s Office of Military Garrison No. 1 of the Republic of Armenia regarding a crime committed against him. Based on his statement, a criminal case was initiated, and four individuals were charged under Article 309.1, Parts 1 and 2, Clause 4 of the Criminal Code of the Republic of Armenia (torture).

H.A. informed the organization that in 2020, while serving in a unit of the Defense Army of the Republic of Artsakh, he had been repeatedly subjected to physical abuse by officers due to his sexual orientation. After submitting a report on the crime, he was officially recognized as a victim, and the case was transferred to the Department for the Investigation of Torture and Abuses of Official Authority by Public Officials under the General Department for the Investigation of Particularly Important Cases of the Investigative Committee of the Republic of Armenia.

Since October 5, 2022, H.A.'s legal representation as a victim has been carried out by the legal team of Right Side Human Rights Defender NGO.

However, on September 4, 2023, Prosecutor H. Mashadyan from the Department for Crimes Against State Authorities of the RA Prosecutor General’s Office, accepting the motion submitted by Deputy Head H. Sargsyan of the aforementioned investigative department, issued a decision to terminate the criminal prosecution against the four defendants — G. Lalayan, G. Babayan, M. Nersisyan, and R. Gabrielyan.

Right Side Human Rights Defender NGO filed an appeal against this decision on behalf of the victim. Ultimately, justice was served — on March 31, 2025, the RA Criminal Court of Appeals upheld the appeal submitted by the victim’s lawyer, recognizing the violation of H.A.’s rights and obliging the investigative body to eliminate it.

This decision marks an important precedent for access to justice for LGBTIQ individuals who have been subjected to torture.