BY GOHAR ABRAHAMYAN
ArmeniaNow
An attorney for actor Vardan Petrosyan says the investigation into charges of manslaughter is being carried out with serious violations of human rights of the European Convention.
Petrosyan is charged with negligent manslaughter, stemming from a fatal car crash last October in which two teenagers were killed and three others injured. Petrosyan’s BMW collided with a Niva on the Yeghvard-Yerevan highway, and the popular actor was also injured in the crash.
On November 9, the well-known actor, who is famous for his comedy solo-performances, was arrested on charges of negligent manslaughter, a charge that carries up to 10 years imprisonment.
The actor denies that he was drunk or that he was speeding — as the relatives of the victims and some media insist. Before his arrest Petrosyan told media that it was a tragic accident and offered his condolences to the family of the victims. The actor expressed his distrust in the investigators’ actions, assuring that he had no intention of hiding and would serve his term should the court rule so.
The family of the victims is demanding a fair investigation into the accident to identify the causes of their tragedy.
On Wednesday the actor’s lawyers met with media to express their concern about a fair investigation. They say it is a violation of European Convention laws that a court is now leading an investigation into whether Petrosyan was driving under the influence, when no such charges were made at his arrest.
According to lawyer Nikolay Baghdasaryan the only witnesses of the accident are the victims and Vardan Petrosyan himself, and the Court’s proposition that after being released Petrosyan may put some pressure on witnesses is illogical, and the option of escape is omitted by the fact that both his passports are detained by the court.
Vardan Petrosyan’s French Attorney: “This is Not Justice, This is Revenge”
Zaruhi Mejlumyan
hetq.am, 19 May 2014
French attorney Marie Laure Dosé is defending Armenian actor, comedian Vardan Petrosyan’s interests in court. Hetq spoke with Dosé about Petrosyan’s case; and the similarities and differences between justice and legislation in France and Armenia.
During the trial, you said that the legislation is the same in Armenia and France in terms of the criteria for precautionary measures. Can you elaborate?
To deprive someone of liberty, to arrest or prolong his detention, can be done only in the presence of clear criteria, only in exceptional cases. These are [the following]: putting pressure on the victims, repeat offense, avoiding the investigation and trial, and flight risks. In Armenia as well as in France, these criteria are the same.
In French legislation, is the alternative to detention also bail?
Yes, in exchange for a security guarantee and money, a person is not detained. Bail is often used as a precautionary measure in France.
What is your opinion of the investigation and trial in Vardan Petrosyan’s case?
Based on the legal standards on the use of detention, Vardan Petrosyan’s [pre-trial] detention is definitely unlawful. He was not under the influence of alcohol. He was approved by signature [protocol]. He did not exceed the speed limit and wasn’t talking on the phone, so he is not guilty. And it has been two months already that the judge hasn’t said why my client continues to remain in prison — because he too doesn’t know the reason. The reason simply doesn’t exist. In total, Vardan has been imprisoned for 6 months. If you told me that he is being kept in detention because there are two victims, I would say this is no longer democracy, it’s not justice, this is more so [seeking] revenge. Madame, the issue is not that there are two victims that a criminal case was launched. It was an unfortunate accident, which might be no one’s fault. This is simply drama, and drama is not a crime. It’s not right to search for guilty persons in drama.
That is, you think that there should be an acquittal?
First, Vardan Petrosyan, in general should not have been kept in detention because the grounds for this, I repeat, were absent and don’t exist now either. The material acquired during the investigation was already sufficient for detention not to have been the precautionary measure that was adopted. He is already innocent — don’t you see that?
What is the reaction to Vardan Petrosyan’s case in France?
Vardan Petrosyan’s case is covered in the French press, and on national television and radio because he is a public figure. Dozens of articles are published about this case in influential newspapers and magazines.
Do you have experience in participating in cases involving road traffic accidents?
Yes, in France, as well as in Armenia, there are such trials every day. But that which I see here… we have to respect the memory of the victims, but it’s wrong to connect this to justice.
Are the court proceedings in Armenia similar to those which you see every day in French courtrooms?
No, this seems to be a media circus. Here, justice is viewed as a performance. In France, they respect justice — here [in Armenia], they pollute it. This is my impression.
Attorney Marie Laure Dosé has been covering criminal cases in France for 15 years. She was invited by Vardan Petrosyan and his family to defend Petrosyan’s interests in court in Armenia.
The conversation was translated from French to Armenian by Hasmik Khachatryan, while the English version was translated from the Armenian.