UPHOLDING JUSTICE IN GYUMRIS TRAGIC CASE The shocking murders in Gyumri by a Russian soldier have instantaneously unleashed mass outbursts of protest in this city and throughout the rest of Armenia. While the motive behind this madness still remains a big mystery, it is the judicial due process at this point that has caused major turmoil in the ranks of the citizenry. And rightly so! The question is which authority should have jurisdiction over a murder committed on Armenias civil territory by a soldier who happens to be a military man stationed in the Russian military base in Gyumri? The base command seems to have unilaterally determined that the case belongs to the Russian jurisdiction with the accused remaining in their custody. In their view, this is a Russian case, period! Really?! Regardless of the diplomatic status of the Russian military base in Gyumri, the felony is clearly in the jurisdiction of the host country. The exterritoriality of the base (if in fact there exists such a status resulting from the bilateral agreement) could in no way be applicable here for at least two reasons. One, theres no doubt that the murder has taken place outside the limits of the base and on the Armenian soil. Two, it has taken place on private property belonging to Armenian citizens. Additionally, the civil side (heirs of the victims) and the Republic of Armenia have a potential case against the Russian Federation on account of the fact that the murderer was able to take a lethal firearm (the murder weapon, in this case) out of the base thus jeopardizing the fundamental security of the civilian population of the host country. Furthermore, by refusing to turn the accused over to the Armenian jurisdiction, the base command is, in essence, compromising its own integrity exposing itself to a potential charge of obstruction of justice. The Armenian side MUST get hold of the accused in the same condition (clothing and gear) as when he had turned himself over to the base authorities. By holding the process, the base commander becomes an automatic suspect in the case. At this point, the sooner Armenias judicial authority is able to establish motive, the better it is for both parties. Needless to say, the accused is entitled to a fair trial by the Armenian court. And the Russian Federation is fully entitled to a close follow up of the trial to make sure that the rights of the accused are protected. And, of course, the political aspect of this complicated case is very important. It is vital for both nations to pursue this matter applying the most demanding tests of judiciousness and in an atmosphere of cooperation and congeniality . I also assume that both sides should want to closely scrutinize the case to determine whether there are any traces of sabotage originating from the enemy side. Not an improbable scenario! Garo Armenian
Posted on: Fri, 16 Jan 2015 21:54:01 +0000
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