Lia Poghosyans Letter to our organization 30/09/2016
I am a citizen of the RA Amalia Poghosian (born 20.03.1983). I live in Yerevan, Khoudiakow street 136/1 house. My husband Nerses Poghosian of Michael is illegally taken into custody already for 3 months. He was imprisoned on the 31st of March 2016 at dawn, and on the 2nd of June the court of first instance Qanaqer-Zeytun made a decission to define the detention as a precautionary measure against him. My husband was accused according to the paragraph 2 of the 235th article of the Criminal action of the RA: namely illegal gaining, realization, keeping, transporting or carrying of weapon, ammunition, explosive stuff or devices, what was carried out by a group of people with preliminary arrangement. This is the artificial and made-up criminal case against the oppositional figure Jirair Sefilian who is well-known in the RA, within the scops of which also my husband is accused. Nerses did not accept the accusation, he refused to give any testimony for he considers this case to be a made-up and artificial one, his arrest and imprisonment illegal and the actions of the investigation and judicial bodies a political persecution against him and his family.
Nerses Poghosian was born on the 21st of April 1980 in Yerevan. 1996 he graduated from the Quantum college and was admitted to the faculty of psychology of the Armenian state pedagogical university. After 2 years he began military service in Armenian army without graduating from the university. He served in the army in boundary Horadiz. With manifestation of self-discipline and model behaviour he was entitled with a rank of lance sergeant and assumed control of the detachment. After having been demobilized he got married. Nowadays he is engaged in decorative repair works of private residences, appartments and other buildings. Nerses’ wife and 2 minor sons (11 and 5 years old) are in his charge.
Since 2008 dissatisfied with lawlessness, falsified elections, violence upon population committed by the police, false jurisdiction, denationalized and antidemocratic policy of the authorities and with many other issues in our country, me and my husband have always participated in peaceful protest actions because of what different kinds of pressure and persecution were put upon our family, right up to physical violence. And so, 2009 in the campaign for the elections of the mayor of Yerevan during the informational march the supporters of Taron Margaryan, who was the head of Avan district then and the mayor of Yerevan now, lashed out at us. A bodily harm was caused to me, I was recognised as injured party but further the case was quashed. In December 2013 during a peaceful protest action again violence was committed upon Nerses and he was illegally detained. Nerses was illegally and with violence taken to custody also in June 2015, during the famous “Electric Yerevan”. From time to time police “invites” Nerses under some pretence for a talk.
I consider the charge according this case against my husband to be illogical for he was not a member, assistant or supporter of “Founding Parliament” the head of which is Jirayr Sefilyan. Nerses does not know Mr Sefilyan personally nor the majority of people under this criminal case, that’s why he couldn’t come to any agreement with them. Nerses was accused on the basis of testimony of 2 people who were on familiar terms with Nerses, were visiting us as guests, stayed connected with our family. In a word, they did know Nerses’ routine and were able to adjust the testimonies to Nerses’ actions. I want to mention that criminal actions related to my husband have ostensibly taken place from November 2015. At that period Nerses’ father was seriously sick and had to keep his bed. And Nerses took the necessary care of him.
There are no other evidences confirming the culpability of my husband except evidence given by the people already mentioned (search was executed at our place, as a result of which no weapon, no ammunition, no explosive stuff or devices or no other forbidden thing was found), that’s why we consider this criminal case to be made-up and false. Both the court of first instance and the appeal court carrying out a state order have decided already for the second time to choose the arrest as a pretrial measure for my husband without counting that in the accusation the substantial suspition is missing, there are not enough facts proving his culpability (except the testimonies given by 2 people, the advocate of one of them has recently explained that supposedly his defendant has given the testimony under the pressure and now he is going to waive his evidences). The court did not count even the fact that Nerses Poghosyan is the sole bread-winner of the family and, as a result of his arrest 4 people, 3 of which are minors, are left to the mercy of fate. It is to mention also that in the criminal action code the 1st part of the 140th article does foresee, that minors as well as the disabled, which due to the arrest of one of parents or the bread-winner, as well as who as a result of other actions of the proceeding body are out of supervision, care and survival means, have the right to care which the mentioned body must afford by means of the state budget. We contacted many times the proceeding body with the solicitation to give means for caring of children but we were receiving refusals without clear reasons.
Many times having witnessed human rights violations in Armenia, very extended neglect and harsh violations of laws of the RA as well as of the norms of international contracts by the courts and law enforcement bodies, I do not have any hope or expectation that impartial preliminary investigation will be held in respect to my husband, and further also court procedure, for he is already for 3 years under arrest illegally. I wish to mention that during these three months no investigatory action was carried out in respect to my husband. That means, he is just held in the prison as a hostage. I wish to bring to your attention this issue because three minor children are now without the sole bread-winner, one family is executed. It is to mention also that we have appealed against the fact of keeping Nerses illegally under arrest to the appeal court and the court of cassation: the pronounced sentence of the court of first instance remained unvariable. Spending the inner resourse of justice of the country and having no expectation of the impartial and law corresponding decisions of law enforcement bodies and courts I ask you to bring to the attention of the international organisations this case, to pursue justice, the quashing of the made-up and false case of my husband, and finally the unbinding of Nerses. Well-informed about your activity I do cherish a big hope that you will pay your attention to illegal persecution after my husband, will undertake to give help to our family and will pursue the re-establishment and affirmation of justice.