National Assembly MP Arpi Davoyan presented the report against Napoleon Ohanyan, the judge of the general jurisdiction court of Syunik region, the president of the court. During Pashinyan's visit to Syunik, during the protest action, the so-called "welcome" case, the court hearings were delayed and canceled on the basis of statute of limitations, "Pastinfon" writes.
Moreover, the postponement of the hearing in order for the defendant to participate in his own wedding was described as a delay. As we have already informed, the disciplinary proceedings against Napoleon Ohanyan, judge of the general jurisdiction court of Syunik marz, were initiated based on the report of Arpi Davoyan, deputy of the National Assembly "KP". Today, the hearing of the petition to subject the judge to disciplinary responsibility was held in the Central Court of Justice, during which the representative of RA justice, presenting the details, stated that in 2021 The criminal case initiated on August 18 was examined by the judge for about 2 years and 6 months and 16 of the 30 court hearings scheduled for the case were postponed, thus the necessary diligence was not shown in order to hold court hearings in the case, the case was not examined within a reasonable period of time, as a result of which the criminal proceedings was terminated on the grounds that the statute of limitations had passed.
According to the Ministry of Health, the postponement of a number of court sessions by the judge was not justified, the non-appearance of the defendants and their lawyers at the sessions could not be considered honorable, because the necessary and sufficient evidence to consider their absence honorable was not presented.
The court sessions were also postponed based on petitions regarding the health problems of one of the defendants, 2 of which stated that the relevant medical documents will be presented additionally after applying for medical help, but according to the documents presented by the judge as the basis for the postponement of the court sessions, in the given session for the case, the necessary documents were not submitted, and in the other case, the document was submitted only 8 days later.
The representative of the Ministry also referred to the defendant Hrant Marutyan's application regarding the appointment of his wedding event on that day as a reason for the postponement of the court session, however, in the opinion of the authorized body, citing the circumstance regarding his own wedding event only, without presenting at least indirect evidence of these facts, could not be a judicial basis. for adjournment of the session. The MoH also reminded the decisions of the Supreme Court of Justice on the termination of the powers of judges Anna Danibekyan and Vahe Miaskyan. To the questions of the representative of the judge, Arsen Sardaryan, what should the court have done, whether it should have made a decision to detain the person with health problems or gather everyone from Meghri and Yerevan, without the hearing of the accused. gaps, delays: the representative of the Ministry of Justice of the Republic of Armenia had no answer.
As for whether it would be right to bring a person to court on his own wedding day, to detain him, the ministry had no answer.
The representative of the ministry did not give a clear answer to the questions of the members of the Central Committee. Karen Andreasyan, the president of the BSC, was also upset and mentioned that they should be prepared, if they are not ready, they can postpone the session to prepare. In response, Judge Napoleon Ohanyan stated that the statute of limitations has passed due to the specific circumstances of the case investigation. "I only have 1 year. it took almost 8 months to complete the case and as it is stated that I completed the case in 2 years and 6 months, it can be seen that I completed the case in 1 year and 8 months because 23 people had already been decided to stop prosecution and that 10 months concerned 4 defendants, whose crime was considered as a crime of medium severity, and the statute of limitations should have expired in 2026. on April 22," the judge noted. According to him, at the initial stage of the case, 15 defense attorneys participated in about 7 court sessions, all of them were from Yerevan, and 3 defense attorneys participated in the actual trial, later 2, 3 of the 3 defense attorneys were involved. are during the trial, that is, a reasonable period of time should have been given for them to familiarize themselves with the case materials.
Although the representatives of the ministry claimed that the case was not complicated, the judge noted that the case was considered particularly complicated and was subject to investigation within 24 months.
According to the judge and his representative, if the court had detained a person with obvious health problems, in the absence of a lawyer, people from Yerevan and Meghri would have arrived in Kapan to participate in the court session, during which the chairman should have said that if a document regarding the lawyer's health condition is not presented at the next session, disciplinary proceedings will be initiated. will be called, then he would postpone the court session, he would not allow the person to participate in his own wedding, then this would lead to the discrediting of the court.
Arsen Sardaryan, the representative of the judge, said that he does not think that people get married in order to abuse their rights. After listening to the parties, the Supreme Court went to the consultation room to make a decision. It will be published on November 5 at 10:10.
