a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings
There were no reports that the government or its agents committed arbitrary or unlawful killings.
Nongovernmental organizations (NGOs) expressed concerns that the government did not promptly and accurately report incidents of deaths in the army. According to independent (and separate) monitoring of noncombat deaths by the NGOs Peace Dialogue and Helsinki Citizens Assembly Vanadzor, there were 24 noncombat deaths reported during the first half of the year. In response to information requested by the NGO Peace Dialogue, the Ministry of Defense reported 31 such incidents for the same period. Human rights NGOs noted that, after years of rejection, the Ministry of Defense became more open following the May change in government in responding to requests for information on the number of deaths in the army. Nevertheless, discrepancies in the government and NGO numbers, partly due to different classification of what constituted military deaths by the Ministry of Defense and civil society, continued to contribute to the overall mistrust of official information.
In an illustrative example, on May 6, the Ministry of Defense reported the death of conscripted soldier Levon Torosyan from a gunshot wound in a military unit located in Tavush region. The 6th Garrison Investigative Department of the Investigative Committee classified the death as suicide and charged Torosyan’s fellow soldier, Valodya Hokhikyan, with insulting Torosyan; Hokhikyan pled guilty. Ruben Martirosyan, an expert from Peace Dialogue, which represented the victim’s family, observed Torosyan’s autopsy and noted the presence of a hemorrhage in his genital area and abrasions on both elbows, inflicted shortly before his death. According to Martirosyan, this and other evidence led him to conclude Torosyan was killed and that the official investigators were covering up the circumstances of the death through pressuring witnesses and falsifying evidence. On August 24, SIS launched a criminal investigation into Martirosyan’s allegations. According to Peace Dialogue, this was the first case in recent years when, parallel to the investigation of a death in the armed forces, a criminal investigation was opened to assess possible violations of the law by the investigative body. Both investigations were ongoing at year’s end.
On May 24, Prime Minister Pashinyan dismissed the chief of the General Staff of the Armed Forces, Movses Hakobyan. Many of the families of soldiers who died under noncombat conditions, who continued to demand investigation of the deaths, alleged that Hakobyan was instrumental in covering up such deaths. According to media reports, law enforcement bodies reopened investigations into some of the older noncombat death cases.
Pashinyan’s government gave new impetus to accountability for the events surrounding the aftermath of the 2008 presidential election, in which eight civilians and two police officers were killed. According to the government, in the period from July 3 until late fall, SIS launched several new criminal cases re-examining these events. The criminal cases entailed charges of overthrowing the constitutional order, abuse and exceeding official authority, torture, complicity in offering a bribe, official fraud, and falsification of evidence connected with the investigation of the 2008 post-election events. High profile suspects in those cases included former minister of defense Mikhail Harutyunyan, former deputy minister of defense Yuri Khachaturov, former chief of presidential staff Armen Gevorgyan, and former president Robert Kocharyan. Kocharyan was charged on July 27 with Article 300.1 of the criminal code, overthrowing the constitutional order, in connection with the March 1 2008 protests. On August 13, the court of appeals released him from pretrial detention. After a Court of Cassation determination that presidential immunity did not apply to his charges, he was arrested again on December 7. The investigations into the cases were ongoing at year’s end.
Concluding a visit from September 15-20, Council of Europe commissioner for human rights Dunja Mijatovic noted the steps taken by the government to finally establish responsibility for the 10 deaths, but stressed that “this should be done carefully and in strict adherence to the principles of rule of law, judicial independence, transparency and guarantees of fair trial, in order to dispel any accusations of alleged revenge politics or selective justice.”
Separatists, with Armenia’s support, continued to control most of Nagorno-Karabakh and seven surrounding Azerbaijani territories. The final status of Nagorno-Karabakh remained the subject of international mediation by the OSCE Minsk Group, cochaired by France, Russia, and the United States. Violence along the Line of Contact continued, although at lower levels starting in October, after the Armenian and Azerbaijani leaders met in Dushanbe. Recurrent shooting and shelling caused casualties and injuries among military and civilians. Following the April 2016 outbreak in violence, the sides to the conflict submitted complaints to the European Court of Human Rights (ECHR) accusing each other of committing atrocities during that time. The cases remained pending with the ECHR.