Communicated on 1 September 2015
THIRD SECTION
Application no. 57129/10
Robert MIRZOYAN
against Armenia
lodged on 22 September 2010
STATEMENT OF FACTS
The applicant, Mr Robert Mirzoyan, is an Armenian national who was born in 1954 and lives in Marmarashen village. He is represented before the Court by Mr Y. Khachatryan, a lawyer practising in Yerevan.
A. The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
In June 2006 the applicant’s son, Gegham Sergoyan, was drafted into the Armenian army.
On 8 November 2006 he was assigned to military unit no. 37673 (‘the military unit’) situated in the unrecognised Republic of Nagorno Karabakh.
On 9 April 2007 Gegham Sergoyan underwent surgery on a toe on his left foot.
On the same date the military unit doctor temporarily discharged Gegham Sergoyan from his duties until 16 April 2007. Because of the surgery he was allowed to wear slippers instead of army boots.
On 15 April 2007 Gegham Sergoyan was put on duty. On that day lieutenant H.G. was the duty officer in charge of the military unit.
H.G. had been hired to perform military service for a period of five years based on an order of the Deputy Minister of Defence of 29 December 2003. According to the personal report provided by the military unit command, H.G. had been a weak officer from the first day of service. He had been the subject of a number of disciplinary penalties, including a “strict reprimand” and “not fully fit for service” in August and September 2004 respectively. In July 2006 H.G. was given another reprimand. It was further indicated by his superiors that H.G. had performance deficiencies and poor professional training.
On 15 April 2007 at 9.40 p.m. H.G., upon seeing Gegham Sergoyan in the duty station room, reproached the latter for having entered without permission. Although Gegham Sergoyan admitted his mistake and tried to leave the room, H.G. verbally abused him and violently pushed him against the wall. Thereafter H.G. pointed his gun at Gegham Sergoyan’s head and fired a shot.
On the same date Gegham Sergoyan was taken to the Stepanakert Military Hospital in Nagorno Karabakh (the SMH) where he underwent surgery.
Upon admission to the Stepanakert military hospital it was indicated in Gegham Sergoyan’s medical record that he was diagnosed with ballistic trauma of the cervical vertebrae with axis (second cervical vertebra) fracture and mandibular fracture with displacement of the right side.
On 16 April 2007 at 10 a.m. Gegham Sergoyan was examined by doctors H.E., N.C. and A.G. of the SMH who indicated in the relevant record that Gegham Sergoyan had sustained a ballistic trauma to the cervical vertebrae with axis fracture and that he had a fracture of the right side of the lower jaw.
On the same day Gegham Sergoyan was transferred to the Central Military Hospital of the Ministry of Defence of Armenia (the CMH) in Yerevan pursuant to the transfer certificate issued by doctor H.E. The same diagnosis, namely ballistic trauma and fracture of the right side of the jaw, was mentioned in the certificate.
On the same day the Askeran No. 1 Garrison Military Prosecutor’s Office instituted criminal proceedings under Article 34-104 § 1 of the Criminal Code of Armenia (attempted murder).
On 17 April 2007 Gegham Sergoyan was admitted to the CMH in Yerevan. It was indicated in the medical record that, according to the transfer diagnosis, Gegham Sergoyan had ballistic trauma of the cervical vertebrae. Mandibular fracture with displacement on the left side and fracture of the second cervical vertebra was also mentioned, with a question mark. The clinical diagnosis made by the doctors of the CMH stated ballistic trauma of the neck with lesion of the cervical part of the spine (second cervical vertebra), ballistic fracture of the second and third vertebrae with traumatic spinal cord injury.
It appears that during his stay at the CMH, Gegham Sergoyan was examined by forensic medical expert A.D. of the Republican Centre of Forensic Medicine of the Ministry of Health of Armenia (the Republican Centre for Forensic Medicine) who stated in his conclusion, inter alia, that the bullet had penetrated from the left side of the lower jaw and, according to descriptions contained in the medical records, it was directed from left to right and upwards from front to back.
On 18 April 2007 H.G. was officially charged with attempted murder and abuse of power resulting in grave consequences (Articles 34-104 § 1 and 375 § 1 of the Criminal Code).
On the same day H.G. was questioned and fully admitted his guilt. He submitted, in particular, that he had been on duty on 15 April 2007 when at 9.40 p.m. he had seen his assistant J.G. and Gegham Sergoyan watching television together in the duty room. Given that Gegham Sergoyan was in slippers, he had given the latter a reprimand for violation of the uniform code and for having entered the duty room without permission, and had sworn at him, grabbed him by the chest and pushed him against the wall. Gegham Sergoyan and J.G. had been laughing while watching television and he had thought they were laughing at him. Although Gegham Sergoyan had said that he would leave the room, he became even angrier since the latter had been laughing while speaking to him. At that moment he had taken out his gun, loaded it and, pointing the gun at the left side of Gegham Sergoyan’s face, had sworn at him and shot him in the head. He had shot Gegham Sergoyan with the gun attributed to him.
On 2 May 2007 Gegham Sergoyan died in hospital without having regained consciousness.
On the same day the investigator of the Askeran No. 1 Garrison Military Prosecutor’s Office ordered a post-mortem examination of Gegham Sergoyan’s body to be conducted in Yerevan by forensic medical expert A.L.D. of the Republican Centre of Forensic Medicine. The expert was requested to determine, inter alia, the cause of death, the existence of any injuries on the body, the time and method of their infliction and their possible link with the death. The expert was also asked to determine whether there were any other external injuries on the body apart from the ball
