Yesterday Armenia’s Court of Appeals resumed the court hearing of the trial of the owner of the “Royal Armenia” Company Gagik Hakobyan and the deputy-director of the same company Aram Ghazaryan.
Gagik Hakobyan was also present at the court hearing, who was brought in the court hall in chains tightened in his legs. Let’s remember that he was taken into custody immediately after returning to Armenia from Spain on October 3 where had reportedly undergone medical treatment since his sensational acquittal last July. However, the court session was delayed because of the absence of the plaintiffs. Yesterday the plaintiffs, Prosecutor Office two investigators, Hovsep Sargsyan and Levon Melkonyan showed up and made a surprise right at the beginning of the court hearing. The judge of the court trial, Souren Ghazaryan presented a court decision, dated October 8, which Aram Ghazaryan and Gagik Hakobyan and their attorney Ashot Sargsyan were not aware of. According to that decision the court has prevented the cases cancellation of Hakobyan and has linked it with Ghazaryan’s case. According to Sargsyan the court had to make such a decision because Ghazaryan has already returned but also had to inform him of the decision in an appropriate manner. They should have also participated in the court decision because it related to Ghazaryan’s case as well. Moreover, Sargsyan thinks that no court trial has ever taken place. He claims that the court has just printed such a decision and perhaps in the morning of the court hearing. The attorney didn’t agree with contents of that decision either. According to that Hakobyan was arrested on October 3. “Yes he was but they should have emphasized that I voluntarily returned to Armenia. Only this line means that the judge is not objective.” Sargsyan claimed that the judge presiding over appeals hearings can not be objective because he fears meeting the fate of Pargev Ohanyan, the district court judge to acquit the Royal Armenia men and now looks set to be dismissed by President Robert Kocharyan.
The fact that the judge has heard the case and the decision on his own without the jury implies that he would have denied the mediation in yesterday’s session as well. This is what happened. The court didn’t change its decision about Hakobyan’s case. Let’s also remember that the previously separate cases were being heard in the framework of a common case. However on August 29 the court has separated Hakobyan’s case. It made a decision of searching Hakobyan as the latter wasn’t in Armenia. State prosecutors were quick to challenge the ruling at the Court of Appeals. The latter issued an arrest warrant for Hakobyan last September, citing his failure to attend its hearings on the high-profile case. The businessman insists that he never intended to flee the country and visited Spain to improve his health condition. His lawyer Sargsyan, reiterated these arguments as he asked the panel of three judges to free his client pending trial.
The presiding judge, Suren Ghazaryan, rejected the petition, saying that Hakobyan could obstruct the trial and even go into hiding if set free. Sargsyan condemned the rebuff and demanded that Ghazaryan be replaced by another judge. The court rejected the demand. Also, Hakobyan has left for Spain after the Judge Pargev Ohanyan of Kentron and Nork-Marash court withdrew all the charges from him on July 16. Yesterday Sargsyan submitted all the medical documents of Hakobyan to prove that the reason why Hakobyan has left the country was to receive medical treatment and that there was no intention to flee from the country and responsibility.
The rejection was also grounded on the change of restraint. The plaintiff objected to this saying that Gagik Hakobyan is accused of a major crime. He might endanger the legal proceedings and threaten the plaintiff – the advocate of the Foreign Investment Group Lusine Sahakyan said. The court didn’t alternate the charges made to Hakobyan. Sargsyan condemned the rebuff and demanded that Ghazaryan be replaced by another judge. The court rejected the demand as well. Sargsyan brought up three reasons for his demand – the charges against Hakobyan to be jailed, secret court session, which was held on October 8 and the fact that the court has denied the attorney’s mediation to alternate the verdict. “Armenia’s Council of Justice has recently asked President Robert Kocharyan to terminate the powers of a district court judge Pargev Ohanyan in a move seen by many as retaliation for his controversial acquittal of two businessmen. Presently, I feel an atmosphere of fear in the courtroom. Suren Ghazaryan is afraid of losing his chair. Ghazaryan cannot treat the matter objectively, therefore I announce a demur. The court’s decisions are not lawful,” advocate Ashot Sargsyan said. This statement has obviously made S. Ghazaryan nervous. A bit later the other two judges retired to their rooms to consult. After 15-20 minutes they returned and stated that the court denies the attorney’s mediation. The session was paused for an hour. At the end of the court session the court decided that Sargsyan with his attitude hinders the normal court process and that it is necessary to submit a complaint to the Chamber of Advocates. To remind that Gagik Hakobyan was charged with smuggling, tax evasion and document forgery and money laundering. Aram Ghazaryan is charged with the same accusation. This means that the latter is as corrupt and high-level criminal as Hakobyan. In this regard it is not clear why the plaintiffs and the court don’t decide to relases Gagik Hakobyan as well. They were both arrested before they got released by the judge Pargev Ohanyan.