In the result of large-scale investigative and procedural actions conducted in the Department of Investigation of Crimes against Humanity of General Department of Investigation of Particularly Important Cases of the RA Investigative Committee circumstances of drawing a false conclusion by the double forensic medical expertise commission commissioned against Artur Sargsyan within the framework of the criminal proceeding investigated in the RA Special Investigative Service were found out.

Pursuant to factual data obtained through investigation, within the framework of the criminal proceeding investigated in the RA Special Investigative Service charge was pressed against Artur Sargsyan according to the Point 1 of the Part 3 of the Article 38-218 and the Part 3 of the Article 38-235 of the RA former Criminal Code, detention was used as a pretrial measure against him and on the same day he was taken to “Nubarashen” penitentiary of the RA Ministry of Justice.

During preliminary investigation of the mentioned criminal proceeding on December 23, 2015 an urgent notice was received informing that Artur Sargsyan, who was serving his term in prison, was suffering from “Bechterew's” disease the existence of which, pursuant to the RA Government’s decision N 825 dated May 26, 2006, hinders serving term in prison.

Within the framework of the criminal proceeding on December 26 forensic medical expertise was commissioned the implementation of which was assigned to the experts of “Scientific-Practical Center of Forensic Medicine” SNCO of the RA Ministry of Health.

On December 30, 2016 the conclusion of the medical council was received from the penitentiary of the RA Ministry of Justice pursuant to which “Ankylosing spondylitis (“Bechterew's” disease) with a chronic progressive course, with significant disorder of function of the musculoskeletal system” was diagnosed at Artur Sargsyan. Taking into consideration that pursuant to the council conclusion Artur Sargsyan was diagnosed with a disease which decreases the possibility of avoiding investigation, committing a new crime by the latter, on the same day a decision was made to replace detention used as a pretrial measure against him by signature not to leave.

On January 23, 2017 the interdepartmental conclusion of the forensic medical expertise was received pursuant to which Artur Sargsyan was suffering from “Ankylosing spondylitis (“Bechterew's” disease) with a chronic progressive course, with significant disorder of musculoskeletal function”, as well as other diseases, he cannot serve the term in penitentiaries and needs treatment in a specialized department.

During preliminary investigation, in order to clarify a number of questions, on January 31, 2017 double commission forensic medical expertise was commissioned the implementation of which was assigned to the experts of “National Bureau of Expertises” SNPO of the RA National Academy of Sciences. Three experts of the division of forensic medical expertises of the same SNPO, as well as the head of the Department of Traumatology and Orthopedics of the State Medical University after M. Heratsi, the executive director of “Izmirlyan” medical center, the head of the neurological service of the same medical center and the head of the rheumatology department of “Erebuni” medical center, the chief rheumatologist of Yerevan were involved in the commission formed for the implementation of the double forensic medical expertise.

The mentioned members of the expertise commission, having Artur Sargsyan’s data of medical documents at their disposal, ignoring infection of the vertebrae which make up the musculoskeletal system, cartilages, joints with a cartilaginous connection to the spine and hip joints with a severe progressive course confirmed during his lifetime, without subjecting the latter to an objective examination, urgently - between February 2 and 8, 2017, in the result of the plenary session held in “Izmirlyan” medical center only once – on February 8 between 12:00 and 14:00 came to a conclusion. Realizing that pursuant to the Article 135 of the RA Criminal Procedure Code while choosing the pretrial measure the health condition of the accused is taken into account, they drew an obviously false conclusion pursuant to which the diseases diagnosed at Artur Sargsyan, among them ankylosing spondylitis (“Bechterew's” disease) without infection of internal organs (functional disorders) in current manifestations, are not classified serious diseases hindering serving term defined by the relevant decision of the RA Government.

On the base of violating the condition of the selected pretrial measure, on February 9, 2017 Artur Sargsyan was arrested and on the same day detention was used as a pretrial measure against him. Then he was taken to “Hospital for convicts” penitentiary and declared a hunger strike in connection with being detained again.

On March 15, 2017 Artur Sargsyan was taken to “Armenia” medical center by the ambulance brigade where he was hospitalized and operated on. The next day starting from 12:30 Artur Sargsan’s health condition got worse at the intensive care unit, however the intensive care measures were ineffective and at 15:40 the latter’s biological death was registered.

On June 27, 2018 double forensic medical commission expertise was commissioned the implementation of which was assigned to the experts of “Scientific-Practical Center of Forensic Medicine” SNCO of the RA Ministry of Health. Pursuant to the conclusion received, “Bechterew's” disease, Artur Sargsyan suffered from in his lifetime, corresponded to the RA Government’s above-mentioned decision – the Point 37 of the Appendix 2 of the list of severe diseases which hinder serving term.

On the base of the obtained sufficient evidence charge was pressed against 6 members of the mentioned commission according to the Point 1 of the Part 2 of the Article 338 of the RA former Criminal Code which corresponds to the Point 2 of the Part 2 of the Article 504 of the RA current Criminal Code.

One of them pled guilty in the charge pressed against him. A motion was submitted to the prosecutor by the investigative body to terminate the public criminal prosecution initiated against the mentioned accused based on the basis of being subject to exemption from criminal responsibility by virtue of the provisions of the general part of the RA Criminal Code. It was sufficed.

Suspension of office and absence ban were used as a pretrial measure against two of the accused – the experts of “National Bureau of Expertises” SNPO of the RA National Academy of Sciences, absence ban was used as a pretrial measure against the other three members of the commission.

Preliminary investigation was completed. The materials of the criminal proceeding on 5 persons, with the bill of indictment, were sent to the supervising prosecutor.

Note; Everyone charged with alleged crime offence shall be presumed innocent until proved guilty according to law.