6.  The applicant was born in 1950 and lives in Yerevan.
7.  On 19 February 2008 a presidential election was held in Armenia. The main contenders were the then Prime Minister, Mr Sargsyan, representing the ruling party, and the main opposition candidate, Mr Ter-Petrosyan, who had also served as President of Armenia between 1991 and 1998.
8.  The applicant, who had occupied the post of Head of the Penitentiary Department at the Ministry of the Interior during Mr Ter-Petrosyan’s presidency, was an active supporter of his candidacy.
9.  Immediately after the announcement of the preliminary results of the election, Mr Ter-Petrosyan called on his supporters to gather at Freedom Square in central Yerevan (also known as Opera Square) in order to protest against the irregularities which had allegedly occurred in the election process, announcing that the election had not been free and fair. From 20 February 2008 onwards, nationwide daily protest rallies were held by Mr Ter-Petrosyan’s supporters, their main meeting place being Freedom Square and the surrounding park. It appears that the rallies at Freedom Square, held during the daytime and late into the night, attracted at times tens of thousands of people, while several hundred demonstrators stayed in that area around the clock, having set up a camp. It further appears that the applicant was an active participant in the rallies and was often on the podium, and had made a speech on the first day of the rallies.
10.  On 24 February 2008 the Central Election Commission announced that Mr Sargsyan had won the election with around 52% of all votes cast, while Mr Ter-Petrosyan received around 21% of votes.
11.  On 29 February 2008 the rallies were still in full swing. That night the applicant camped at Freedom Square.
12.  The applicant alleged that on 1 March 2008 at around 6 a.m. the police had arrived at Freedom Square. The several hundred demonstrators who were camping there were mostly still asleep, although some of them were awake, having been informed in advance about the arrival of a large number of police officers. In total about 800 heavily armed police officers appeared. The police cordon started approaching the tents and panic broke out among the demonstrators who started waking the others up. Some of the demonstrators managed to switch on the microphones and the lights on the square. Mr Ter-Petrosyan, who was also at the square, addressed the demonstrators: “We see that police forces have arrived at the square. Please, do not have any contact with them and do not touch them in any way. Please keep your distance from them. Let us wait and see what they want from us. If they have something to tell us, we are ready to listen. Please, be patient and peaceful”. Then there was silence for about a minute. By then the police forces had already encircled the square with a triple cordon. Suddenly, without any prior warning or orders to disperse, the police forces, shouting loudly, attacked the demonstrators, most of whom were still asleep in their tents, violently beating them with rubber batons and destroying the camp. Mr Ter-Petrosyan was immediately arrested and taken away. Within a few minutes no demonstrator remained at the square, since everybody, including the applicant, had tried to save themselves by fleeing. He and other activists were then pursued by the police through the streets and arrested (see paragraph 25 below).
13.  The Government contested the applicant’s allegations and claimed that the reason for the police operation of 1 March 2008 at Freedom Square had been information obtained on 29 February 2008 by the Armenian Police and National Security Service, according to which a large number of weapons, including metal rods, wooden clubs, firearms, grenades and explosives, were to be distributed to the protesters to incite provocative actions and mass disorder in Yerevan on 1 March 2008. The police operation had aimed to verify that information. For that purpose, members of the relevant police force, without being equipped with any protective gear, had arrived at Freedom Square where about 800 to 900 demonstrators armed with metal rods and wooden clubs had gathered waiting for the police. The demonstrators had attacked the police officers, hitting them and throwing stones, pointed metal objects and Molotov cocktails at them, as a result of which numerous police officers had been injured.
14.  The Government, in support of their allegations, submitted a number of official documents, including six records of inspection of the scene drawn up by investigators of the Principal Department for Investigations of the Armenian Police. According to those records, the inspections were carried out on 1 March 2008 at several locations in Freedom Square and the surrounding park at various times between 8.30 a.m. and 11.45 a.m. and a number of different objects were found including pistols, cartridges, grenades and other explosives, wooden and rubber clubs, metal rods and other metal objects having a spiky, hedgehog-like shape. The Government also submitted a number of expert conclusions produced following the forensic examination of the objects in question.
15.  On the same date the Special Investigative Service instituted criminal case no. 62202508 under Article 225.1 §§ 1 and 2, Article 235 §§ 1 and 2 and Article 316 § 2 of the Criminal Code (CC) (see paragraphs 97, 91, 98 and 94 below) in connection with the events at Freedom Square. This decision stated:
“After the announcement of the preliminary results of the presidential election of 19 February 2008, the presidential candidate, Mr Levon Ter-Petrosyan, members of parliament, [K.S. and S.M.], the chief editor of Haykakan Zhamanak daily newspaper, [N.P.], and others organised and held mass public events at Yerevan’s Freedom Square in violation of the procedure prescribed by law and incited disobedience to the decisions ordering an end to the events held in violation of the procedure prescribed by law, while a number of participants in the mass events illegally possessed and carried illegally obtained arms and ammunition.
On 1 March 2008 at around 6 a.m., when the police took measures aimed at forcibly ending the public events held in violation of the procedure prescribed by law, in compliance with the requirements of section 14 of the Assemblies, Rallies, Marches and Demonstrations Act, the organisers and participants of the events, disobeying the lawful orders of the [police officers], who were performing their official duties, committed a life- and health-threatening assault on them with clubs, metal rods and other adapted objects, which had been in their possession for that purpose, causing the police officers injuries of varied severity.”
16.  It appears that, after Freedom Square was cleared of demonstrators, some of them relocated to the area near the French Embassy, the Yerevan Mayor’s Office and the Yerevan Press Building, situated at Grigor Lusavorich and Arshakunyats Streets about 1.7-2 km from Freedom Square, where they were later joined by thousands of others who apparently poured into the streets of Yerevan in response to the events of the early morning in order to voice their discontent. It further appears that the rallies continued throughout the city until late at night, involving clashes between protesters and law enforcement officers and resulting in ten deaths, including eight civilians, numerous injured and a state of emergency being declared by the incumbent President Kocharyan. The state of emergency, inter alia, prohibited the holding of any further rallies and other mass public events for a period of twenty days.
17.  On 2 March 2008 another criminal case was instituted, no. 62202608, under Article 225 § 3 and Article 235 § 2 of the CC (see paragraphs 96 and 98 below), in connection with the above-mentioned events. The decision stated:
“[Mr Ter-Petrosyan], the candidate running for president at the presidential election of 19 February 2008, and his followers and supporters, members of parliament [K.S. and S.M.], the chief editor of Haykakan Zhamanak daily newspaper, [N.P.], and others, not willing to concede defeat at the election, with the aim of casting doubt on the election, instilling distrust towards the results among large segments of the population, creating illusions of public discontent and revolt and discrediting the election and the authorities, from 1 March 2008 in the area of the Yerevan Mayor’s Office and central streets organised mass disorder involving murders, violence, pogroms, arson, destruction of property and armed resistance to public officials, with the use of firearms, explosives and other adapted objects.”
18.  It appears that on the same date a number of police officers who had been involved in the events of 1-2 March 2008, including officers A.Arsh. and A.Aru., were granted victim status within the scope of criminal case no. 62202508 and later gave testimony. It further appears that police officer A.Arsh. underwent a forensic medical examination and, according to the relevant medical conclusion, was found to have suffered a bruise to the left side of his forehead, which had been inflicted by a blunt object and caused light damage to health.
19.  According to the testimony of police officer A.Arsh., dated 2 March 2008, on 1 March 2008 he had been on duty at Freedom Square as a member of the Patrol Guard Service (PGS) deployed there for the purpose of preserving public order and assisting the police units which were entrusted with the task of verifying intelligence information concerning the possession of arms by the demonstrators. The demonstrators started assaulting the police officers. The PGS officers tried to calm the demonstrators but one of them, who was a slim man of around 55 with greying hair, a wide forehead and a sharp nose, hit him twice on the head with a stick and fled in the direction of Northern Avenue. Another PGS officer, A.Aru., tried to assist him, after which A.Aru. left in the same direction.
20.  According to the testimony of police officer A.Aru., dated 11 March 2008, after the demonstrators started assaulting and resisting the police officers, while standing behind the Hovhannes Tumanyan statue, he had seen one demonstrator assault police officer A.Arsh. by hitting him twice on the head with a stick. Later he had continued to perform his duties in the area of Arshakunyats Street where, near the Yerevan Press Building, he had noticed the same person, who was a slim man of around 50 with a wide forehead, of medium height and with short black hair. He had approached the man and asked him to follow him to a police station but the man had refused to comply with his order and punched him a few times in the chest, kicked his shield and fled.
21.  By a letter of 10 March 2008 the Chief of the Special Investigative Service requested detailed information from the Deputy Chief of the Armenian Police concerning the police operation of 1 March 2008 at Freedom Square, including its aim, planning, the number of police officers involved and the weapons and other means of personal protection used.
22.  By a letter of 27 March 2008 the Deputy Chief of the Armenian Police replied to the above request as follows. The organisers and the participants in the unauthorised rallies that had been held between 20 and 29 February 2008 had, on numerous occasions, been informed about the unlawful nature of those events. The police operation of 1 March 2008 was based on intelligence information received the previous day by the police and the national security service, according to which a large quantity of metal rods, wooden clubs, firearms, grenades and explosives was to be distributed to the demonstrators in order to instigate mass disorder. The aim of the operation was to verify that information and to inspect the area. A number of unarmed police officers had entered Opera Square where they were attacked by 800-900 demonstrators armed with metal rods and wooden clubs, who were expecting the arrival of the police. The police officers were beaten and stones, pointed metal objects and Molotov cocktails were thrown at them. In order to prevent the disorder, an on-the-spot decision had been taken to engage the auxiliary police forces, which had been deployed earlier on the approaches to the square to prevent a possible deterioration of the situation and had been equipped with helmets, shields and rubber batons. The engagement of the said forces resulted in the demonstrators fleeing Freedom Square. The operation was carried out between 7 and 7.30 a.m. and was followed by a search, as a result of which numerous specially adapted metal objects, arms, ammunition and Molotov cocktails were found. Dozens of the most active and aggressive participants in the mass disorder were taken to various police stations.
23.  It appears that many participants in the post-election rallies, including a number of opposition leaders, were charged and stood trial within the scope of the instituted criminal cases. The outcome of criminal cases nos. 62202508 and 62202608, however, is unclear.
24.  According to a handwritten document entitled “the record of bringing-in” (արձանագրություն բերման ենթարկելու մասին), the applicant was “brought in” (բերման է ենթարկվել) to Kentron Police Station on 1 March 2008 at around 6.30 a.m. by three police officers, E.R., H.S. and A.A., from 1 Grigor Lusavorich Street “for organising unauthorised demonstrations at Freedom Square in support of Mr Ter‑Petrosyan, resisting police officers and disobeying their lawful orders”. The record was signed by the three police officers and an officer of Kentron Police Station who had drafted it. At the bottom of the record it was noted that the applicant had refused to sign it.
25.  The applicant alleged that the above-mentioned record had never been presented to him. In reality he had been taken into custody by about 10-15 persons who did not introduce themselves as police officers and were masked. Those persons had been pursuing him all the way from Freedom Square. He had managed to catch a taxi, but the taxi had been blocked after about 1-2 km by a police car at the intersection of Arshakunyats and Grigor Lusavorich Streets near the Yerevan Press Building. The above-mentioned persons had forced him out of the taxi and started kicking, punching and hitting him with rubber batons. He had then lost consciousness and been transported to Kentron Police Station.
26.  The applicant further alleged that upon his arrival at Kentron Police Station the same persons had continued to beat and humiliate him. Different parts of his body had been hit, including his head and legs, as a result of which he had fallen on the floor, bleeding and unable to get up. He had then been hit on the head again, which had resulted in concussion and loss of consciousness. Twice an ambulance had been called to provide medical assistance. His ill-treatment had been inflicted upon the instructions of the police chief.
27.  One of the above-mentioned three officers, E.R., reported to the Chief of the Kentron Police Station that:
“...today at around 7.30 a.m. I, together with [police officers H.S. and A.A.] brought [the applicant] in to Kentron Police Station from near Yerevan circus for having resisted police officers. While showing resistance, [the applicant] dropped a knife, two mobile telephones and a bunch of keys...”
28.  Another report addressed by police officer E.R. to the Chief of the Kentron Police Station and signed by all three officers stated that:
“...following an alert received on 1 March [2008, I, together with police officers H.S. and A.A.] was in the area of the unauthorised demonstration held at Freedom Square where the demonstrators were ordered to terminate the unauthorised demonstration and to clear the square. However, they disobeyed our lawful orders and, while showing resistance, swore at the authorities. The crowd, which showed resistance to the police, started running towards the adjacent streets, while continuing to show resistance to the police. During this mass disorder we continued to pursue the most active demonstrators who ran towards the [Yerevan] Press Building through Northern Avenue and Abovyan Street. While pursuing them I noticed one person near Yerevan circus who was showing overly active resistance to the police and who climbed into a random taxi... Being nearby, I approached the car and removed that person, who dropped a knife at that moment. I took the knife and together with the above-mentioned police officers brought that person in to Kentron Police Station, where he was identified as [the applicant].”
29.  Police officers E.R., H.S. and A.A. further addressed several other reports to the Chief of the Kentron Police Station, all of which had practically identical content, stating as follows:
“...following an alert received on 1 March [2008, we] were in the area of the unauthorised demonstration held at Freedom Square where the demonstrators were ordered to terminate the unauthorised demonstration and to clear the square. However, they disobeyed our lawful orders and [showed] resistance to the police officers, while hitting and swearing at them and the authorities. The most active of these citizens were brought in to the police station from the streets adjacent to the square.”
30.  A memorandum signed by the Chief of Kentron Police Station in Yerevan and the Chief of the Yerevan Police, entitled “Assaults and insults of a public official; organisation of public events in violation of the procedure prescribed by law; mass disorder within the territory of Kentron Police Station”, stated:
“As a result of mass events organised and held at Yerevan’s Freedom Square in violation of the procedure prescribed by law, on 1 March 2008 at around 7 a.m. officers of the Armenian police, having received an order, demanded the persons gathered at the square to vacate the square and to terminate the mass event that they had been holding for days[. H]owever, they did not obey the lawful orders of the police officers and, by committing health- and life-threatening assault, subjected [them] to mass beatings and did not obey their lawful orders, for which the activists of the above-mentioned rally were brought in to Kentron Police Station in Yerevan, among them: [A.M., the applicant, D.A., M.A., V.H. and H.B.].
A clasp knife was discovered in [the applicant’s] possession during his personal inspection conducted at the police station...”
31.  The knife in question was at a later date examined by a forensic expert who classified it as a “bladed weapon”. The applicant alleged that he had never carried a knife, therefore no such object had ever been found in his possession.
32.  From 7.20 to 7.40 p.m. the investigator questioned the applicant as a witness. According to the relevant record, the applicant stated that he had been informed in connection with which criminal case he had been summoned to testify as a witness and that it had been explained to him that as a witness he was obliged to testify or risk criminal sanctions. He, nevertheless, did not wish to testify because he had not committed any offence.
33.  The applicant was kept in a cell at Kentron Police Station until around 10 p.m., when the investigator came to question him again. The applicant alleged that he had been unable to testify because of the ill‑treatment he had endured earlier.
34.  At around 10.30 p.m. the investigator drew up a record of the applicant’s arrest (արձանագրություն անձի ձերբակալման մասին) by filling in the relevant template, indicating “10.30 p.m.” as the time of the applicant’s arrest and “Articles 225.1 § 2 and 316 § 2 of the CC” (see paragraphs 91 and 94 below) as the provisions under which the applicant was suspected of having committed offences. The arrest record was signed by the applicant.
35.  On 2 March 2008, in the early morning, the applicant was transferred to police holding cells where, following a medical examination, a number of injuries were noted, including an open wound on the left side of his head and a bluish-red left eye. The applicant complained of pain in his legs.
36.  The applicant alleged that the medical examination had not been carried out properly and only the obvious injuries had been recorded for purely formal reasons.
37.  At 3.10 p.m. the applicant was questioned as a suspect by the investigator within the scope of criminal case no. 62202508 in the presence of his lawyer. Asked to provide his account of events, the applicant submitted that he had not committed any offence and had been participating in a peaceful demonstration at Freedom Square when, at around 6.30 a.m., thousands of police officers had started beating peaceful demonstrators with rubber batons without prior warning or orders to disperse. He and others had fled, but the police officers had pursued them armed with rubber batons. He had been followed for about 2 km. Being of an advanced age, he had not been able to continue running so he had sat in a random taxi. The police officers had blocked the taxi with a police car, taken him out and brutally beaten him, constantly repeating his name and swearing at the same time. He had then been taken to Kentron Police Station where he had again been beaten by the same police officers, after which they had left. The injuries on his body had been sustained in those circumstances. He had not, however, been ill-treated by any of the officers at the police station. He did not know the identity of those who had ill-treated him but would be able to identify them. The investigator then posed three questions: (a) whether the applicant had participated in any demonstrations held after the presidential election of 19 February 2008 and what his role had been in those demonstrations; (b) which of the demonstrators had had weapons and ammunition, the types of such weapons and the place where they had been hidden; and (c) who were the persons who had ordered the demonstrators, on 1 March 2008 at 7 a.m., to resist the police. The applicant admitted his participation in the demonstrations and marches, but added that he had stayed at Freedom Square around the clock only on 29 February. He had been up on the podium on multiple occasions, but the podium had been accessible to anyone. He had never seen the demonstrators with any weapons or ammunition. The demonstrations had been peaceful and accompanied with song and dance. Nobody had given any orders to resist the police. That would have been pointless anyway, since the police had entered the square covertly and started assaulting the demonstrators with rubber batons.
38.  On the same day, the investigator ordered a forensic medical examination of the applicant within the scope of criminal case no. 62202508. The investigator’s decision stated that, during the events of 1 March 2008, a number of persons had been injured, including the applicant. It was therefore necessary to clarify the location, nature, sequence of infliction, age and severity of any injuries on the applicant’s body and the method of their infliction. The decision was transmitted to a forensic medical expert on 6 March 2008.
39.  Between 7.30 and 9.30 p.m. the investigator questioned in turn police officers E.R., H.S. and A.A. in connection with the early morning events of 1 March 2008. Their statements, including the questions and answers, were verbatim reproductions with the following content:
“Certain police officers, over a loudspeaker, ordered those who had gathered at Freedom Square to terminate the unlawful and unauthorised demonstration and to leave. However, not only did they not leave but some of them incited disobedience to the orders of the police officers and to continue the demonstration. Since the event in question was unlawful and the police officers’ orders to end it were not obeyed, the demonstrators, who were disobeying the police officers, assaulting them and making calls, were being brought in to police stations by [various police officers]. A number of demonstrators were assaulting us, police officers, with stones. In that crowd we were trying to calm the demonstrators who were showing overly active resistance and, besides assaulting [the police officers], were also inciting the crowd to continue their struggle against the police. While trying to restore order in the crowd, some of the police officers, including me, reached the area of Pushkin Street, because part of the aggressive crowd continued the above-mentioned violent actions against the police while running away. At that time, around 7 a.m., in the area of the intersection of Pushkin [Street] and Northern Avenue we noticed several persons who were demonstrating overly violent behaviour. I noticed that these persons were pulling, punching and kicking a group of outnumbered and, to me, unfamiliar police officers in police uniforms, as well as disobeying their lawful orders. Naturally we intervened and managed to transport three of the attackers to the police car, while the unfamiliar police officers continued to pursue other public-order offenders. When seated in the police car these three persons tried to free themselves again but ... eventually we managed ... to bring them in to Kentron Police Station, where they were identified as [D.A., M.A. and V.H.]. We filed relevant reports about what had happened, after which [the investigator] drew up records of bringing them in and subjecting them to personal search.
I would like to add that, after the above-mentioned persons had been brought in, the street disorder was still continuing, so I went again to Freedom Square [together with my two colleagues] where we continued our lawful actions. Mass disorder was still continuing at Freedom Square and we were again pursuing the overly active demonstrators, who were running through Northern Avenue towards the [Yerevan] Press Building. While pursuing them, having reached Yerevan circus, I noticed one person who was showing resistance to police officers, punching and kicking them, after which he tried to sit in a random taxi car... However, we managed to capture him, during which a knife, two mobile telephones and a bunch of keys fell from his pockets. We picked up those objects and, together with the above-mentioned police officers, brought that person in to Kentron Police Station, where he was identified as [the applicant].
Question: Did you sustain any injuries and, if yes, in which circumstances?
Answer: I did not sustain any injuries. While being brought in to the police station, they just pulled on [our uniforms], trying to free themselves.
Question: Are you familiar with the police officers who were assaulted by the persons whom you brought in to the police station?
Answer: I was not familiar with them. They were wearing police uniforms. I cannot provide further information about them.
Question: Did you notice any weapons or other objects on the persons whom you brought in to the police station when they assaulted you and other police officers?
Answer: I did not notice them having any such objects.”
40.  On an unspecified date two more police officers, A.P. and M.G., were questioned. Police officer A.P. submitted that on 1 March 2008 he had been at Kentron Police Station when the applicant was brought in and a clasp knife found in his possession was presented. The applicant had not claimed that the knife did not belong to him. Police officer M.G., who was the driver of the police car that took the applicant to the police station, submitted that a knife had been discovered in the applicant’s possession when he was being brought in.
41.  On 3 March 2008 the applicant was formally charged under Articles 225.1 § 2 and 316 § 2, as well as Articles 301 and 318 § 1 of the CC (see paragraphs 91, 94, 93 and 95 below), within the scope of criminal case no. 62202608, as follows:
“...from 20 February 2008 onwards [the applicant], together with Mr Ter‑Petrosyan and others, organised and conducted unlawful public events, mass demonstrations, 24-hour long rallies, assemblies, pickets and sit-ins disrupting the normal life, traffic, functioning of public and private institutions and peace and quiet of the population in Yerevan and involving calls for a violent overthrow of the government and public insults addressed at public officials connected with the performance of their official duties.
Thereafter, on 1 March 2008 at around 6 a.m., when [the police officers] demanded the participants in the demonstration at Freedom Square to give a possibility to verify the veracity of the information that they possessed arms and ammunition, and once again warned them to end the unlawful event, he and other demonstrators, disobeying the police officers’ lawful orders, committed life- and health-threatening assault on [them].”
42.  On 4 March 2008 the applicant’s lawyer filed a complaint with the Chief of the Special Investigative Service, alleging that the applicant had been unjustifiably taken to Kentron Police Station under the so-called procedure of “bringing-in”, subjected to ill-treatment and then unlawfully kept there the whole day on 1 March 2008. The record of his “bringing-in” had never been presented to him. His 72-hour arrest permitted by law had already expired, in violation of Article 5 § 1 (c) of the Convention, and it was still unclear on what evidence the charge against him was based. The lawyer also relied on Articles 3, 10 and 11 of the Convention.
43.  On the same day at 7 p.m. the applicant was brought before the Kentron and Nork-Marash District Court of Yerevan which examined the investigator’s application seeking to have him detained.
44.  The applicant submitted before the court that he had been brutally beaten and humiliated in the street and had sustained numerous injuries. No police officer had approached him to ask about weapons or to say that the demonstration was unlawful and that the demonstrators were to disperse. The applicant submitted that he was not a member of any political party and had not organised any demonstrations, and the charges against him were politically motivated and lacked corpus delicti. As regards the charge of assault under Article 316 § 2 of the CC, a group of 20-25 persons, without presenting themselves as police officers or asking him to follow them to a police station, preemptively attacked him and beat him up in the street and, by doing so, created an appearance of resistance. Moreover, no actual police officer to whom he had put up the alleged resistance had been identified. Furthermore, his rights guaranteed by Article 10 of the Convention had been violated because he was prosecuted for simply being one of the demonstrators. As regards the charge under Article 301 of the CC, this was not based on any evidence and it was not even stated what calls for a violent overthrow of the government he had allegedly made.
45.  The District Court decided to allow the investigator’s application and order the applicant’s detention for a period of two months. It first recapitulated the circumstances of the case as outlined in the charge against the applicant (see paragraph 41 above) and concluded that the application was substantiated, taking into account that there was sufficient evidence in the case to impose a preventive measure, and in view of the nature and dangerousness of the imputed offence and the fact that, if he remained at large, the applicant could abscond, obstruct the proceedings, continue his criminal activities and evade criminal responsibility.
46.  On 5 March 2008 the applicant was transferred to Vardashen Remand Prison. At the time of admission a “record of physical injuries” was drawn up, signed by the applicant, which indicated the following injuries on his body:
“...a bruise on the lower left eye socket, scratch wounds on the shins, a bruise measuring 10 x 12 cm on the external surface of the right shoulder blade and a scabbed wound measuring 2 x 3 cm on the rear part of the left temple. The indicated injuries, according to [the applicant], are four days old.”
47.  The applicant alleged that this medical examination had not been carried out properly and not all the injuries had been recorded.
48.  On 10 March 2008 the forensic medical expert examined the applicant at the remand prison as ordered by the investigator’s decision of 2 March 2008. The applicant reiterated before the expert the circumstances of his alleged ill-treatment (see paragraph 37 above). The relevant expert conclusion, which was produced on 3 April 2008, contained the following findings:
“A wound measuring 0.9 x 0.2 cm, covered with a grey crust and mobile when palpated, is detected on the left part of the back of the head; the surrounding skin, in the area measuring 2.3 x 1.7 cm, has changed colour to pale pink. There is a bruise on the left side of the outer part of the upper and lower eyelids and the cheek area of a non-dense nature and pale yellow-greenish colour. Both parts of the chest are symmetrical and are equally involved in the respiration process. There is a bruise measuring 6.3 x 2.8 cm of unclear contour, non-dense nature and pale greenish‑yellow colour on the right part of the chest on the same line as the rear of the armpit and at the level of the third and fourth ribs, which has also partly spread to the rear area of the shoulder line. It is not painful when palpated. There is a bruise measuring 1.8 x 1.5 cm on the front surface of the upper third part of the right leg of a pale greenish-blue colour. There are small scratches covered with grey scabs on the inner surface of the joint between the leg and the foot, which are raised compared to the surrounding unharmed skin.
...
Conclusions. The injuries sustained by [the applicant, as described above,] were caused by blunt objects, possibly within the period indicated in the circumstances of the case, which both jointly and separately do not qualify as mild bodily injuries. Since the injuries were inflicted within a short period, it is impossible to determine the sequence of [their] infliction.”
49.  The applicant alleged that the expert had not been impartial and independent and had not fully recorded all of his injuries.
50.  On the same date the applicant lodged an appeal against his detention order. He argued, inter alia, that the charge against him was unsubstantiated, lacked certainty and clarity, and was not based on sufficient evidence or any witness testimony. In violation of the guarantees of Article 5 § 1 (c) of the Convention, an artificial ground had been created to justify his detention, that is resisting a public official, which had never happened. Furthermore, there were not sufficient grounds justifying his detention: he was known to be of good character, had a permanent place of residence, did not try to hide from the investigation or refuse to appear before the investigating authority. No real evidence of any attempt to obstruct the proceedings had been presented. If he were to remain at large, he could not engage in similar activities, given the state of emergency declared in the country.
51.  On 21 March 2008 the Criminal Court of Appeal dismissed the appeal, finding that the applicant’s detention was based on a reasonable suspicion and the grounds relied on by the District Court in justification of detention were sufficient.
52.  On 28 March 2008 confrontations were held between the applicant and police officers E.R., H.S. and A.P. who reiterated their earlier statements (see paragraphs 39 and 40 above). The applicant refused to have a confrontation with police officer A.A., alleging that E.R., H.S. and A.A. were not the police officers who had apprehended him.
53.  On 25 April and 26 June 2008 the Kentron and Nork-Marash District Court of Yerevan extended the applicant’s detention, each time by two months, finding that it was still necessary to carry out a number of investigative measures and that, if he remained at large, the applicant could abscond, obstruct the proceedings, commit another offence and evade criminal responsibility. The applicant’s request for bail was refused.
54.  In the meantime, on 2 May 2008, the applicant’s lawyer wrote to the Chief of Kentron Police Station, enquiring about the circumstances in which the applicant had sustained his injuries; whether they had been inflicted at the police station or prior to his arrival there and, if it was the latter, whether any record had been made in the police registers.
55.  On 3 June 2008 the applicant applied to the General Prosecutor requesting that criminal proceedings be instituted and an investigation be carried out into the fact of his ill-treatment. He submitted that the circumstances of his arrest involved an offence against him since he had been beaten and tortured. No assessment, however, had been given to that circumstance in the context of the criminal case against him.
56.  It appears that no reply was provided to the lawyer’s above‑mentioned enquiry and no decision taken on the applicant’s above‑mentioned application.
57.  On 18 June 2008 seven members of the Armenian parliament filed a request with the General Prosecutor, seeking to have the applicant’s detention replaced with another preventive measure, namely their personal guarantee. They submitted at the outset that the detention of several hundred persons, including the applicant, following the presidential election was a disproportionate measure and was not based on reasonable suspicions. They further submitted that they personally knew the applicant and guaranteed that, if he remained at large, he would not abscond, obstruct the proceedings, commit another offence or evade his penalty, if any. The outcome of this request is unclear.
58.  On 28 June 2008 the applicant lodged an appeal against the extension order of 26 June 2008, arguing that his continued detention was not based on a reasonable suspicion and that he was being persecuted for his political views. The courts provided no evidential or factual basis in support of the charges against him. The case against him was trumped up, with police officers being the only witnesses and with the identities of the allegedly injured police officers not being known, and the courts had extended his detention in order for the investigating authority to have sufficient time to fabricate charges. Moreover, the courts provided abstract and stereotyped reasons when extending his detention.
59.  On 15 July 2008 the Criminal Court of Appeal dismissed the applicant’s appeal on the same grounds as previously.
60.  On 12 June 2008 the applicant lodged a complaint with the Kentron and Nork-Marash District Court of Yerevan under Article 290 of the Code of Criminal Procedure (“CCP”). He sought to have the relevant police order, which served as a basis for the police operation of 1 March 2008, declared unlawful and unfounded and the ensuing police actions declared unlawful. He submitted that he had participated in the demonstrations held from 20 February 2008 onwards. The demonstrations had been held in compliance with the Constitution and Article 11 of the Convention and involved no criminal behaviour. In the morning of 1 March 2008 armed police forces had suddenly invaded Freedom Square and started beating peaceful demonstrators. The police attack had been unjustified and failed to meet the requirements of paragraph 2 of Article 11 of the Convention. The true purpose of the police operation, which was justified as an attempt to restore public order, was to launch political persecution of the supporters of Mr Ter‑Petrosyan, including himself, by provoking the demonstrators to engage in clashes, creating artificial charges of resistance to police and punishing them for exercising their right to freedom of assembly and for their political opinion. Thus, the exercise of his right to freedom of expression and freedom of peaceful assembly had been criminalised and he was facing unfounded and trumped-up charges as a result of unlawful police actions. Such interference was unlawful, did not pursue a legitimate aim and was not necessary in a democratic society. The applicant requested that the decisions to institute criminal proceedings and to bring charges against him be quashed and the proceedings be discontinued.
61.  On 8 July 2008 the Kentron and Nork-Marash District Court of Yerevan dismissed the complaint, finding that the relevant police order was not a decision or action prescribed by the CCP and therefore could not be contested under Article 290. As regards the applicant’s request to quash the decisions in question and to discontinue the criminal proceedings, the District Court found that such requests could be lodged with a court only after they had been raised before a prosecutor, which the applicant had failed to do.
62.  On 21 July 2008 the applicant lodged an appeal in which he argued, inter alia, that the District Court had incorrectly interpreted Article 290 of the CCP. It had failed to make any assessment of the police actions and its conclusion that the police order did not fall within the scope of criminal procedure law had not been based on the circumstances of the case. The police actions had been unlawful and disproportionate and the force used against peaceful demonstrators had been excessive, while the decision to institute criminal proceedings was artificial by its nature. Thus, the police actions and the decision in question should have been found incompatible with the requirements of the CCP.
63.  On 19 August 2008 the Criminal Court of Appeal upheld the decision of the District Court and dismissed the appeal. The Court of Appeal found, relying on Article 290 of the CCP, that the contested police order, the decision to institute criminal proceedings, as well as ordering the investigating authority to discontinue the criminal proceedings, were beyond the scope of judicial control over the investigation. Besides, Article 290 presupposed judicial control over pre-trial proceedings and therefore applied only to the period after a decision to institute such proceedings was taken.
64.  On 3 November 2008 the applicant lodged an appeal on points of law.
65.  On 21 November 2008 the Court of Cassation refused to examine the appeal on the grounds that it had been lodged out of time and that no proof was attached to the appeal certifying that its copy had been served on the respondent party.
66.  On 28 July 2008 about twenty-five police officers, including police officers A.Arsh. and A.Aru., who had allegedly been assaulted during the events of 1-2 March 2008 and had provided a description of the alleged perpetrators, were invited to Vardashen Remand Prison to identify the applicant. It appears that the applicant refused to take part in the identification parade, stating that that investigative measure had no probative value. As a result, the parade did not take place and instead a photo identification of the applicant was carried out. It further appears that police officer A.Arsh. identified the applicant, from among the photographs shown to him, as the person who had assaulted him at Freedom Square on 1 March 2008 at around 7 a.m. by hitting him twice with a stick. Police officer A.Arsh. stated that he recognised the applicant by the general structure of his face, his wide forehead and his haircut and style. Police officer A.Aru. identified the applicant, through the same procedure, as the person who had assaulted police officer A.Arsh. at Freedom Square on 1 March 2008 at around 7 a.m. with a stick and later assaulted him on Arshakunyats Street. Police officer A.Aru. stated that he recognised the applicant by his facial features, the structure of his forehead and his hair.
67.  On 5 August 2008 the investigator decided to drop the charges against the applicant under Article 225.1 § 2, Article 301 and Article 318 § 1 of the CC (see paragraphs 91, 93 and 95 below). The investigator found that the charge under Article 225.1 § 2 of the CC had to be dropped since it had been established by the investigation that the order issued by the police officers to the demonstrators on 1 March 2008 at around 7 a.m. at Freedom Square was not to disperse but to allow them to inspect the area. Thus, the applicant’s actions did not contain elements of a crime prescribed by that Article. As regards the charge under Article 301 of the CC, it had to be dropped on the ground of insufficient evidence since the applicant’s involvement in an attempt to seize State power could not be established. As regards the charge under Article 318 § 1 of the CC, it had to be dropped since that Article had been repealed in the meantime.
68.  The investigator further decided to supplement the charge under Article 316 § 2 of the CC with new charges under Article 235 § 4 and Article 316 § 1 of the CC (see paragraphs 92 and 94 below). It was stated that the applicant, having regularly participated in the unauthorised demonstrations held following the presidential election, had been present at Freedom Square on 1 March 2008 at around 7 a.m., when some of the demonstrators, using makeshift clubs, rods and other dangerous objects, had assaulted the police officers after the latter had demanded to be allowed to verify the information concerning the possession of arms and ammunition by the demonstrators. The applicant had refused to comply with the lawful orders of the police officers, assaulted police officer A.Arsh., twice hitting him on the head with a stick and causing light damage to his health, after which he had disappeared in the crowd. Police officer A.Aru. had witnessed the act committed by the applicant but failed to bring him in. Thereafter, police officer A.Aru. had continued to perform his duties near the Yerevan Press Building situated on Arshakunyats Street, where he had once again noticed the applicant. He had tried to bring the applicant in but the applicant had resisted, pushed, pulled and kicked police officer A.Aru., thereby assaulting him in a way which did not pose a threat to his health, and tried to escape in a random taxi. Police officers E.R., H.S. and A.A., who were on duty in the same area, had witnessed all this and brought the applicant in to Kentron Police Station, at which time a weapon, namely a knife, was found in his possession.
69.  On the same date the investigator invited the applicant for questioning and a confrontation with police officer A.Arsh. The applicant refused to testify or to take part in the confrontation, stating that he did not trust the investigator and the investigative measures in question. His lawyer further stated that a confrontation with a police officer so many months after the event did not appear credible and was simply another attempt to create evidence against the applicant.
70.  On 6 August 2008 the applicant’s case was disjoined from criminal case no. 62202608 into a separate criminal case, no. 62215008.
71.  On the same date the knife in question was examined by the investigator and its description was recorded.
72.  On 13 August 2008 the General Prosecutor approved the bill of indictment under Articles 235 § 4 and 316 §§ 1 and 2 of the CC. It contained an identical statement of facts to that in the charge against the applicant (see paragraph 68 above) and relied on the following evidence:
(a)  the statements of police officers A.Arsh. and A.Aru. made in their capacity as victims (see paragraphs 19 and 20 above);
(b)  the records of the applicant’s photo identification by police officers A.Arsh. and A.Aru. (see paragraph 66 above);
(c)  the statements of police officers H.S., E.R., A.A., A.P. and M.G. made in their capacity as witnesses (see paragraphs 39 and 40 above);
(d)  the submissions of the police officers made during the confrontations with the applicant (see paragraph 52 above);
(e)  two expert conclusions: one regarding the injury sustained by police officer A.Arsh. and the other classifying the knife in question as a “bladed weapon”; as well as the record of inspection of the knife (see paragraphs 18, 31 and 71 above);
(f)  the letter of 27 March 2008 of the Deputy Chief of the Armenian Police (see paragraph 22 above);
(g)  the records of inspection of the scene and the relevant expert conclusions (see paragraph 14 above).
73.  It was lastly stated in the indictment that injuries had been discovered on the applicant, which did not qualify even as light injuries and which had been caused during the clash between the police officers and “the persons assaulting them”. It was stated that the investigation in that respect was still pending.
74.  On 13 August 2008 the applicant’s case was sent to the Yerevan Criminal Court for trial. In the course of the proceedings, the Criminal Court summoned and heard police officers A.Arsh., A.Aru., H.S., E.R., A.A., A.P. and M.G.
75.  Police officer A.Arsh. submitted that on 1 March 2008, when the police asked the demonstrators gathered at Freedom Square to allow them to carry out an inspection for weapons, the demonstrators had reacted violently. They had tried to calm them down but the applicant had attacked him and hit him twice on the head with a stick, after which he had fled.
76.  Police officer A.Aru. submitted that he had seen one of the demonstrators, namely the applicant, attack police officer A.Arsh. and hit him on the head with a stick. He had thereafter continued to perform his duty in the area of Arshakunyats Street, where he had noticed the applicant. He had asked the applicant to go with him to a police station, but the applicant had hit him several times on the chest, kicked his shield and fled.
77.  Police officer H.S. submitted that in the morning of 1 March 2008 the applicant had assaulted police officers on Arshakunyats Street near the Yerevan Press Building, by hitting and pulling them. He and police officers E.R. and A.A. had brought the applicant in in a patrol car, and a knife, mobile telephones and a bunch of keys had fallen from his pockets.
78.  Police officer E.R. submitted that, when performing his duty on Arshakunyats street in the morning of 1 March 2008, he had seen an individual punching and kicking police officers. That person had tried to flee but he and police officers H.S. and A.A. had brought him in, whereupon he had been identified as the applicant. A knife, a mobile telephone and a bunch of keys had been found in his possession.
79.  Police officer A.A. made similar submissions but stated that two mobile telephones had fallen from the applicant’s pockets. He also specified that this had happened at 7.30 a.m.
80.  Police officers A.P. and M.G. reiterated their earlier statements (see paragraph 40 above).
81.  The applicant denied his guilt and submitted, inter alia, that, even if he had participated in the demonstrations held from 20 February 2008, he had done nothing illegal. He and his co-thinkers who were at Freedom Square on 1 March 2008 had found out about the forthcoming arrival of the police several hours in advance. After the police had arrived, he had not hit anyone and had tried to escape. Having reached Arshakunyats Street, he had been brutally beaten by police officers and transported to Kentron Police Station where he had also been beaten. He had never carried a knife, therefore, no such object had ever been found in his possession. The applicant further contested the allegation that he had assaulted police officers A.Arsh. and A.Aru. He claimed that this could not have happened at around 7.15 a.m. and 7.30 a.m. as alleged by the prosecution, because the police operation had happened at around 6 a.m. as opposed to 7 a.m.. At 6.30 a.m. he had been at the police station already and by 6.45 a.m. there had been nobody at Freedom Square apart from the police. Besides, according to the relevant medical expert conclusion, police officer A.Arsh. had sustained his injury at some point between 1 and 3 March 2008. This cast doubts on the claim that the injury in question had been sustained specifically on the morning of 1 March 2008, especially in view of the fact that police officer A.Arsh. had participated in clashes on both 1 and 2 March 2008.
82.  To clarify the above circumstances, the applicant lodged requests with the court, seeking to have a number of persons called and examined as witnesses, including A.M., D.A., M.A., V.H., H.B., N.T., S.M., S.A. and H.T. He argued that the testimony of A.M., D.A., M.A., V.H. and H.B., who were also active demonstrators, would support his allegation that the actions of the police had been unlawful from the very outset, that on 1 March 2008 at around 6 a.m. he and they had been attacked by the police and other forces without prior warning and had been forcibly brought in, and that at 7 a.m. he had already been at the police station and could therefore not have been at Freedom Square. These demonstrators had similarly been brought to Kentron Police Station at around 6.30-7.00 a.m. and they were also able to confirm that he had continued to be ill-treated there upon his arrival. The applicant further argued that N.T. and S.M., who were also opposition activists, had been by his side at Freedom Square when the demonstrators had been attacked by the police and their testimony would clarify a number of circumstances related to the charge against him, including his allegation that as early as at 6.45 a.m. there had been nobody at Freedom Square apart from the police, and that the imputed offence could not have happened in the alleged circumstances. The applicant lastly argued that testimony from S.A. and H.T., who were high-ranking police officials and had apparently given orders for the police operation, was important in order to assess the police actions of the morning of 1 March 2008. The prosecuting authority had failed to investigate the lawfulness of the police actions, including the excessive force used by the police that morning. However, only if these circumstances were investigated would it be possible to assess the charge against him. In this connection, it was also necessary to call and examine other PGS officers who had taken part in the police operation of the morning of 1 March 2008. They would also be able to clarify whether police officer A.Arsh., whose involvement in that operation was debatable, had actually participated in it.
83.  The Yerevan Criminal Court decided to dismiss the applicant’s requests. It found that N.T. had already been questioned by the investigator during the investigation and it was sufficient to read out his statement in court. S.M., who was separately also standing trial, had in general refused to give testimony during the investigation. As regards V.H., D.A. and M.A., the argument that they were able to confirm the fact that at 6.30 a.m. the applicant had already been at the police station, was not a sufficient reason to call and examine them in court. Lastly, as regards S.A., H.T. and the unnamed PGS officers, it had been explained to the defence that the police actions could be contested before the courts through a different procedure. In such circumstances, the necessity of calling and examining those police officers was not well-founded.
84.  On 23 October 2008 the Yerevan Criminal Court found the applicant guilty under Article 235 § 4 and Article 316 §§ 1 and 2 of the CC. The court sentenced him under Article 235 § 4 to a fine in the amount of 400,000 Armenian drams (AMD), under Article 316 § 1 to a fine in the amount of AMD 500,000 and under Article 316 § 2 to five years’ imprisonment. In doing so, the Criminal Court found it to be established that:
“In the period preceding 1 March 2008 intelligence information was received by the Armenian Police and the National Security Service that the demonstrators gathered at Yerevan’s Freedom Square had in their possession firearms, ammunition, clubs, rods and other objects for the purpose of causing physical injuries and violence. On 1 March 2008 at around 7 a.m. police officers demanded the persons gathered at Yerevan’s Freedom Square to allow them to verify the above information by inspecting the area. The mentioned lawful demand of the police was announced out loud several times. Some of the people gathered at Freedom Square, including [the applicant], had already been informed several hours in advance about the planned police operation. The police officers of the Patrol Guard Service brigade of the Armenian Police, with the aim of preserving public order in that area, approached Freedom Square where [the applicant], in front of the statue of Hovhannes Tumanyan, hit the victim, [police officer A.Arsh.], twice on the head with a stick, causing light damage to his health accompanied by a brief deterioration of health, after which he disappeared in the crowd. [Police officer A.Aru., the second victim,] saw the act committed by [the applicant]. [Police officer A.Aru.] continued his duty in the area near the [Yerevan Press Building] situated at Arshakunyats Street, where he once again noticed [the applicant] and tried to bring him in. [The applicant], disobeying [police officer A.Aru.’s] lawful order to appear at the police station, assaulted [him] in a non-health-threatening way by pushing, pulling and kicking [him], and tried to escape in a random taxi. [Police officers A.A., E.R. and H.S.], who were on duty at that time in the same area, noticed the incident and brought [the applicant] in to Kentron Police Station, during which a bladed weapon – a knife – fell from [the applicant’s] pocket, as well as two mobile telephones and a bunch of keys.
On 1 March 2008 at 9 p.m. [the applicant] was arrested and on 4 March 2008 he was detained.”
85.  In establishing the above findings, the Yerevan Criminal Court relied on the same evidence on which the indictment was based, plus the statements of the police officers made in court (see paragraphs 72 and 75-80 above). It found the applicant’s submissions to be unreliable and an attempt to avoid criminal responsibility.
86.  On 10 November 2008 the applicant lodged an appeal in which he argued, inter alia, that the charge against him was trumped-up and politically motivated; that he had been ill-treated both at the time of his apprehension and at the police station and that no investigation had been carried out into his allegations of ill-treatment; that the interference with his freedom of peaceful assembly had been unlawful, unjustified and accompanied with use of excessive force by the police; that the only witnesses in the case were police officers who, being interested in the outcome of the case because of the brutal and unlawful force used against the demonstrators, including his ill-treatment, were not impartial and trustworthy witnesses and had made contradictory statements which were then coordinated towards the end of the investigation and which constituted the sole basis for his conviction; and that the principle of equality of arms had not been respected since his request to call and examine witnesses on his behalf had been groundlessly dismissed. Thus, the entire case was based on police testimony, while he was not allowed to defend himself effectively and to summon any impartial witnesses, including those who were by his side on the morning of 1 March 2008. The applicant contested the reliability of the evidence provided by police officers H.S., E.R. and A.A., pointing, inter alia, to the fact that their statements made in court differed, while those made during the investigation had been identical in wording. Moreover, it appeared from their statements that they had been arresting different demonstrators from different locations, all at the same time, which cast doubt on the veracity of their statements. As regards the statements of police officers A.Arsh. and A.Aru., they concerned events which had taken place in a chaotic situation early in the morning when it was still dark, which cast doubt on the reliability of that evidence. The police officers had effectively refused to answer any questions in court, limiting their answers to either “I do not remember” or “I do not know”. The trial court had failed to make any assessment of the police actions at Freedom Square, including their lawfulness and proportionality, without which the charge against him could not receive a fair determination. What had happened in reality was that the police officers had initiated an unlawful clash with the demonstrators and then rounded up all the activists, many of whom had also been subjected to ill-treatment. The alleged inspection of the scene had been simply a pretext to conceal the police officers’ real intention, which had been to disperse the peaceful demonstration. The applicant alleged that he had been known to the authorities and was persecuted for being a supporter of Mr Ter-Petrosyan and because of a critical speech he had made on the first day of the demonstrations. He had initially been charged with resisting unidentified police officers, until about five months later when a new charge had emerged of him assaulting another police officer in a different location, namely at Freedom Square. Moreover, there were multiple contradictions regarding the time of his apprehension, which in later police statements was alleged to have happened at around 7.30-8 a.m. This was, however, an attempt by the prosecution to link him to the assault on police officer A.Arsh. which, according to the final official version, had taken place at around 7.15 a.m. However, it was a well-established fact that the police operation of 1 March 2008 had taken place at around 6 a.m. and, moreover, according to the relevant record, at around 6.30 a.m. he had already been at Kentron Police Station. The applicant also argued that, if he was suspected of assaulting police officer A.Arsh. on 1 March 2008, he should have been presented for identification as early as on 2 March 2008. Instead, photo identification was performed only about five months later. The evidence regarding the knife was not credible and he had never even been questioned in that connection. The applicant relied on, inter alia, Articles 3, 5, 6, 10 and 11 of the Convention.
87.  On 10 December 2008 the Criminal Court of Appeal examined the applicant’s appeal through an expedited procedure and decided on the same day to dismiss it, relying on the same evidence as the Yerevan Criminal Court. In doing so, the Court of Appeal dismissed the applicant’s argument that his conviction was based solely on the statements of police officers who were not impartial witnesses, finding that the fact that the victims and witnesses in the case were police officers did not diminish the probative value of their statements and it was unacceptable to view this as a predetermining or prejudicial circumstance. Furthermore, the criminal case was based also on a number of expert conclusions, the records of inspection of the scene and the records of the applicant’s photo identification. As regards the applicant’s claim that his allegations of ill-treatment had not been investigated, the Court of Appeal stated that, according to a decision of the investigating authority, it was still necessary to carry out a comprehensive investigation – within the scope of criminal case no. 62202608 – into the circumstances under which injuries had been sustained by persons, including the applicant, who had participated in the mass disorder of 1-2 March 2008. Since the investigation into the applicant’s criminal case had been completed, his case was disjoined from criminal case no. 62202608, while the latter was still pending.
88.  On 27 January 2009 the applicant lodged an appeal on points of law, raising similar arguments to those in his appeal of 10 November 2008 and relying on, inter alia, Articles 3, 5, 6, 10 and 11 of the Convention.
89.  On 10 March 2009 the Court of Cassation declared the applicant’s appeal on points of law inadmissible for lack of merit.
90.  At the end of November 2010 the applicant was released from prison after having served more than half of his sentence.