Law 18:58 18/01/2016

Permyakov trial in Gyumri: Motion to recuse judge rejected

The general jurisdiction court of Armenia’s Shirak province resumed today, on January 18, the hearing of the Avetisyan family murder case after a month’s break. Valery Permayakov, a former conscript of the Russian 102nd military base in Armenian city of Gyumri, is the defendant. The hearing presided over by Judge Harutyun Movsesyan took place in the premises of the Russian 102nd military base.

Judge Movsesyan rejected a motion to recuse the judge that the lawyers of the aggrieved party (the Avetisyan’s legal successors) had  filed shortly before.

“The motion is baseless,” the judge declared, dismissing the statement of the aggrieved party’s lawyers that his actions are ‘constrained’.  The judge said he has taken all the decisions in accordance with the Criminal Procedure Code of Armenia.

While presenting the motion to recuse the judge, a lawyer for the aggrieved party, Lusine Sahakyan, told the judge: “I don’t believe that you are not familiar with Armenian legislation. I think your actions are constrained because the hearing is being held in the Russian military base so you are not  governed by Armenian laws”. Then a break was announced.

As was reported earlier, the lawyers of the aggrieved party – the Avetisyans’ legal successors – have joined a petition filed by human rights activist Arthur Sakunts requesting that the trial be held in a courthouse at Liberty Square No 7 instead of the Russian 102nd military base.
“We cannot hear Permyakov’s words and see his face. We do not understand his feelings and emotions, which is quite important for the sides,” Head of Helsinki Citizens’ Assembly - Vanadzor Office Arthur Sakunts said.  When asked about his opinion regarding the transfer of his trial to another building, V. Permyakov replied: “I don’t care about it”.

The first court hearing of the murder case was held on December 18, 2015 and was postponed following an application of Permyakov’s new lawyer, Edward Aghajanyan who said he was assigned recently due to the expiry of the previous lawyer’s contract so he needed time to become familiar with the details of the case.

To remind,  V. Permaykov was charged under the Armenian Criminal Code’s Article 104 part 2 points 1, 5, and 8 (contract murder of two or more people committed with cruelty, for mercenary motives, and combined with extortion, robbery or banditry), Article 175 part 2 points 3 and 4 (robbery committed after a break-in, with the use of weapons or other objects used as a weapon), and Article 34-329 part 1 (an attempt to violate the state border of the Republic of Armenia without the necessary documents or permission). Permyakov pleaded guilty to the charges, the Investigative Committee of Armenia reported. 

A Russian garrison military court subordinate to the North Caucasian district military court held a hearing on August 12 in the Armenian city of Gyumri. The court sentenced Valery Permyakov to 10 years in high-security prison for desertion and theft of weapons. The murder case is being investigated separately by the Armenian side. 
 



Source Panorama.am
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