Wednesday, February 08, 2006

Update: February 6, 2006

Dear Friends:

A new article has been posted on Hetq: http://www.hetq.am/eng/court/0602-naj.html
The article points out that 5 decisions have been handed down by 13 judges all saying that the Najarian case is a criminal case. The writer of the article asks, “Why are the investigators protecting a criminal at any cost and so openly, and why haven’t the courts’ decisions been implemented?” In the first line of the article, the writer also says that according to information he has received, the investigators have already received their “reward” for dismissing the case.

The Court of Appeals has rendered a powerful 8-page written decision supporting our claims. The court agreed with all other court decision. The judges wrote that George Najarian has been the victim of criminal actions and points out that this fact has been recognized by all three levels of Armenia’s criminal courts. The judges go on to say that since this is now established fact the investigators from the Prosecutor General’s Office must name the suspect. They have written: if it is not Grigor Igityan, than who is it ? Name the person.

The judges wrote: “It is indisputable that US citizen George Najarian is a victim of a crime, that direct property damage was caused to him in the result of a criminal act, such facts having been admitted by all three levels of courts of the Republic of Armenia, and by the investigation as well. All that is left to be done is to identify the person who committed the crime and bring that person to justice.”

These judges did not accept either what the investigators or our lawyers told them. Instead, they requested and reviewed all 13 volumes of evidence gathered by the investigators. Based on their review, the judges criticize the conduct of the investigation and the behavior of the investigators. They enumerate 1)what was not done correctly and what was not done at all; 2) failure of the investigators in their duty for accepting everything Igityan and his wife told them and ignoring all evidence contradicting their statements; 3) failure to put into effect the previous court decisions which become law when they are handed down. This, they note, is in itself a criminal offense.

In addition, the judges charged that the investigators tried to circumvent the law by doing foolish things as well. One instance that is quoted is that the investigators called Igityan’s wife in, showed her one of the court’s decisions and then asked her what she thought. On that basis, they again dismissed the case and ignored the court’s orders. This is, apparently, in the record.

With our appreciation for all the support you have given to us over these more than two years fighting this case. We are hoping that with this decision it will be possible to have another round of writing letters to key Republic of Armenia officials expressing your concern about the state and conduct of our case.

Attached are the list of persons and their email addresses letters went to last time -- they were received.

With our warmest regards,
Carolann and George

1. Foreign Ministry: Foreign Minister Vartan Oskanyan: info@armeniaforeignministry.com

2. Ministry of Justice: Minister Davit Harutyunyan: justice@justice.am

3. National Assembly: Speaker of the NA is Artur Baghdasaryan: speaker@parliament.am
(If this address bounces back, try: info@parliament.am)

4. President’s Press Office: Head of the Press Office Hasmik Petrossian: hasmik@president.am
Kocharian’s fax number is: 374-1-521-581

5. For the Prime Minister: http://www.gov.am/enversion/feed_back.htm

6. Minister of Defense Serge Sarkisyan’s spokesperson: shahsuvaryan@mail.ru

7. Advisor to the President on Anti-Corruption strategy: Bagrat Yesayan: adv_yesayan @president.am

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