On the base of the evidence obtained in the result of comprehensive, objective and complete investigation conducted in Yerevan Investigative Department of the RA Investigative Committee, on October 26 the investigator made a decision on termination of the proceeding of the criminal case initiated on the base of online publication of the news site according to the Part 1 of the Article 258 of RA Criminal Code on hooliganism committed by a group of persons on June 22 in Baghramyan Street.

On June 22 the criminal case initiated according to the Part 1 of the Article 258 of RA Criminal Code on the base of the online publication on violation of public order in Baghramyan Street on June 22, 2015, was received in the Investigative Division of Arabkir administrative district of Yerevan Investigative Department of the RA Investigative Committee from the RA Prosecution Office of Arabkir and Qanaqer-Zeytun administrative districts.

Starting from June 23 the conduction of further preliminary investigation of the criminal case continued in Yerevan Investigative Department and necessary investigatory actions were conducted to provide the comprehensive examination of circumstances of the case.

Taking the public interest into consideration and highlighting the citizens’ right to get verified and accurate information we represent the legal assessments given to the evidence obtained through preliminary investigation.

Thus, according to the writ received from Yerevan City Hall no notification was submitted to the City Hall on the meeting organized in Azatutyun Square on June 22, 2015, as well as on the march held in M. Baghramyan Street on the same day.

During preliminary investigation it was found that more than 200 citizens had been apprehended to different subdivisions of the RA Police. Through investigation it was found that 14 police officers had sustained bodily injuries and had turned to different medical centers for medical aid.

The mentioned police officers were interrogated as a witness, forensic medical examinations were commissioned and the copies of the latters’ histories of disease were received from medical centers and were given to forensic experts.

228 citizens who had participated in the march and sit-in-strike held in Baghramyan Street and Azatutyun Square and had been apprehended to different Police Stations, were also interrogated as a witness. The latters gave similar evidence telling that they had taken part in sit-in-strike held from June 19 to June 23, 2015 in Azatutyun Square of Yerevan by their own initiative. At the same time they insisted that each of them had participated in the mentioned campaign by his/her own will without anyone else’s instigation or organization, it had been spontaneous, the campaigns had been against the electricity price increase and the actions had not been aimed at violating the public order, disturbing the peace of the residents of the surrounding buildings or violating the constitutional right of any citizen.

Bodily injuries were found on a number of citizens who had been interrogated as a witness. According to their testimony, the bodily injuries had been caused by violence used by some police officers against them. Forensic medical examinations were commissioned, the copies of histories of disease were received from medical centers and were sent to the experts. The materials on allegedly using violence against the mentioned persons were sent to the Special Investigatory Service.

During preliminary investigation the employees of different subdivisions of Investigatory Reconnaissance Department of the RA Police were instructed, inspections were conducted, forensic medical, forensic chemical examinations, as well as examination of cold weapon found in the site were commissioned.

According to forensic chemical examination, traces of kanabinoid were found at 5 citizens. Related to this the inquest bodies were instructed to consider the issue of administrative liability of the mentioned persons.

Liability for hooliganism is envisaged by the Article 258 of RA Criminal Code. Hooliganism is brutal violation of public order which is manifested in express of disrespect to public. The main direct object is the public order. The objective side of the crime is brutal violation of public order which is expressed by disrespect to public.

The subjective side of crime is particularly significant for this type of crime. It is described as willful – the offender realizes that his actions brutally violate public order and they display disrespect to public, yet he wants to conduct these actions. The RA Court of Cassation has expressed his position in numerous decisions related to the above-mentioned giving arguments and conclusions.

According to the evidence obtained in the framework of the criminal case the people having participated in sit-in-strike held from June 19 to June 23, 2015 in Azatutyun Square of Yerevan, then in march and sit-in-strike held in Baghramyan Street, had got together spontaneously. Indeed, no notification on meeting, sit-in-strike had been submitted to Yerevan City Hall, through preliminary investigation it was grounded that the meeting had not been organized in advance, and the actions, appeals of participants of the mentioned meeting, closing the traffic part of the road had been aimed at drawing public attention to electricity price increase, not to violating the public order. 

Under these circumstances, the mandatory features of hooliganism do not exist in the mentioned people’s actions, particularly, the subjective side, and those people’s actions cannot be qualified as hooliganism.
 

Based on the above-mentioned, on September 18, 2015 the investigative body had made a decision on termination of the proceeding of the criminal case according to the Point 2 of the Part 1 of the Article 35 of RA Criminal Procedure Code.

On September 28, 2015 the criminal case with a decision on abolishing the decision on termination of the proceeding was received in Yerevan Investigative Department of the RA Investigative Committee. On the same day the investigator received the case in his proceeding and continued taking investigatory and other procedural measures to provide comprehensive, objective and complete examination of the case.  

During preliminary investigation 14 police officers told in their almost similar testimony that during the implementation of the actions aimed at restoring traffic in Baghramyan Street and withdrawing the citizens from the mentioned area, panic and messy situation was caused and the bodily injuries were caused in the result of the mess, as well as unaddressed items thrown by the participants of the meeting in order to avoid being apprehended. The police officers expressed opinion that the citizens had not thrown the items towards them deliberately, the bodily injuries had been caused by negligent actions.

Thus, through investigation it was grounded that on June 23, 2015 in Baghtamyan Street the officers of different subdivisions of the RA Police were inflicted bodily injuries in the result of mess caused during the implementation of actions aimed at withdrawing citizens from the traffic part of the mentioned street. It is evident that under these circumstances there is not premeditation to inflict bodily injuries to RA police officers by the participants of the meeting. Besides, according to the conclusions of forensic examinations the gravity of bodily injuries inflicted to the mentioned police officers was rated light with a short-term health disorder or did not contain features of light damage. The police officers did not submit any complaint against anyone.

On the base of the evidence obtained through investigation, on 26.10.2015 the investigator made a decision to terminate the proceeding of the criminal case according to the Point 2 of the Part 1 of the Article 35 of RA Criminal Procedure Code on the base of absence of crime.