Wrong qualification of the ongoing investigation into Gevork Sarkisyan’s murder case

Human Rights Center is working on the case of 22-years-old Gevork Sarkisyan, who was murdered on July 12, 2018. The organization is representing legal interests of the victim’s assignee Maria Sarkisyan. 

Having studied the case files, the organization concluded that the accident was proceeded by the so-called “street conflict” with participation of nine persons. Consequently, it is evident that the crime was allegedly committed by several people but the prosecutor’s office has qualified the case under the Article 108 of the Criminal Code of Georgia, and only one person is charged for the murder while the other 4 are charged only for not reporting the police about the crime. HRC believes the investigation into Gevork Sarkisyan’s murder case is going on with wrong qualification and ineffectively. Nine persons participated in the crime while charge was brought only against 5 persons so far. 

Recently, HRC observed similar approach of the prosecutor’s office towards the crimes committed by a group, where more than two persons participated but the investigation has wrong qualification and is not qualified as a crime committed by a group. More precisely, HRC observed similar approach of the prosecutor’s office in two cases processed by the organization – Khorava street teenage murder case and the murder of Vitaly Safarov, human rights defender. Similar ineffective and unlawful practice of the prosecutor’s office significantly damages the quality of justice and indicates at the low qualification of the representatives of law enforcement bodies, and lack of state will to effectively fight against crimes. 

Human Rights Center calls on the chief prosecutor’s office of Georgia:

To pay particular attention to the crimes committed by a group of people;

To change the qualification of the criminal case from the Article 108 of the CCG into the Article 109 Part 2(e) and Part 3 (b) of the CCG, which applies to the intentional murder committed by a group with particular cruelty. 

Human Rights Center