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Murder of a person held in custody was recorded as a result of improper fulfillment of official duties by several officials of “Armavir” penitentiary institution. The prosecutor submitted the case to the court

04/09/2024

On August 30, 2024, the prosecutor submitted the indictment under the criminal proceedings regarding improper fulfillment of official duties by the officials of the Security Department of “Armavir” penitentiary institution of the Ministry of Justice and the materials of the proceedings to the court.

 

By the preliminary examination of the criminal proceedings it was found out that the officials of the Security Department of “Armavir” penitentiary institution failed to properly control the persons kept in the cell of the penitentiary institution, as a result whereof, the fact of regular violence exerted by the co-prisoner was not revealed and on October 13, 2022, the corpse of detainee A.Y was found in one of the cells of “Armavir” penitentiary institution. By the preliminary examination of the criminal proceedings it was found out that A.H. A.Y.’s co-prisoner, regularly hit him, causing bodily injuries dangerous to his life and it caused A.Y’s death (the criminal case regarding A.H. on murder, causing serious harm to the health, causing severe physical pain or severe mental suffering was submitted to the court on December 22, 2023).

   

It was found out that on October 13, 2022, A. Kh., Kh.Kh, M.Z., three employees of Security Department involved in the round-the-clock shift of the guard post of “Armavir” penitentiary institution, being liable for controlling the behavior of the persons kept in cells, particularly paying attention to the suspicious behavior of detainees and in case of revealing signs of intention of committing murder or causing serious harm to the health of the person, declare  alert level 3 and report thereon the senior officer of the building, failed to properly fulfill their official duties, which resulted in the death of the detainee A.Y. (pursuant to the conclusion of forensic expert examination of the corpse and testimony of forensic expert, the injuries directly connected with death of A.Y. were caused when the latter was alive and those harms were caused minutes or hours before his death).

 

On July 22, 2024 on the initiative of the supervising prosecutor a decision was rendered on initiating a public criminal prosecution against 3 employees of security department working at the guard post of “Armavir” penitentiary institution pursuant to part 2 of article 446 of the Criminal Code.

 

By the decision of the investigator an alternative measure of restraint—ban on absence, was applied against the accused A.Kh, and Kh.Kh.

 

Pursuant to the decision of the supervising prosecutor dated August 30, 2024, the measure of restraint applied against A.Kh. and Kh.Kh. was changed and ban on absence and suspension of office were applied against them.

 

On August 30, 2024 the prosecutor approved the indictment regarding A. Kh. and Kh.Kh. and submitted to the court with the materials of the proceedings (a search was declared against the accused M.Zh., the part of the criminal proceedings against him was separated).

 

Notice:  A person charged with any crime shall be presumed innocent until proved guilty in the manner prescribed by the RA Criminal Procedure Code—by the judgment came into legal force.