Let’s them hang the women’s rob in the residence of RA government and the ruling political power
The nationalists, when intentionally deprived prominent journalist Hrant Dink of life, and the Turkish justice concealed the organizers and provokers of the murder, we remained silent. But a few days ago in the result of terrible car accident near the village Podolsk Oznobikhino, which took 18 lives and 40 people were injured, we strongly protest as to why the Russian law enforcement brought the citizen of Armenia, suspected Hrachya Harutyunyan from the hospital to the court dressed in women’s robe.
The matter reached to the point that the participants of the action hung a lady’s robe on the wall of the Russian Federation Embassy, and demand sending a note to Russia for this humiliation. In addition, the information sources are filled with the said topic, one says that the driver needs to be justified, the other to be extradited a day early, and individual politicians have politicized the case, and attribute to exerting pressure by Russia to Armenia, reckoning with the immigrants, and so on.
In fact, there are cases in court practice when the victim or suspect due to circumstances participated in trial operation dressed in hospital clothes, and it has never been viewed as humiliation. I think that instead of inflaming passions it would be better if Hayazn and other officials send their condolences and condole to the relatives of innocent victims, sufferers and the Russian Embassy to Armenia.
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We all know that Hrachya left for Russia to earn money for the tomb of his son, killed in the army, so it would be better to hang the women’s robe in the residence of the government and the ruling political party, as they are to be blamed for widespread poverty, unemployment, and scattering its people from door-to-door.
Now, let’s review the circumstances of the accident and the criminal-legal nature of the crime. According to preliminary data, the truck driver failed to yield the passengers’ bus riding along the main road, collided to it, which resulted in the killing and injuring people. It is evident that the clashing situation was created by the truck driver, accordingly, the court has selected a preventive measure of capture of two months against presumed guilty of the accident Hrachya.
With regard to the incident, a criminal case has been initiated by the RF Criminal Code, Article 264, Paragraph 5, which is violation of road traffic and transportation operating rules, causing the death of two or more people, and sentenced for up to 7 years in prison (the same act is punishable by RA Criminal Code to 4-10 years in prison).
The direct object of discussed crime is considered the safety of road traffic and vehicle operation, and the subject is the car, tram, and other mechanical means of transportation.
Road traffic is a system of social relations that occurs during transportation (or without it) of people and cargo with the help of transport means within the road, and is regulated by special regulations act (RF “Road traffic rules”, 23.10.93). Exceeding the speed, railway crossing, breaking the rules of crossing the crossroads, making wrong overtaking, and so on are considered violations of traffic rules.
Operation of transport means is not allowed when the effective work of the brake system is not provided, the hydraulic braking mechanisms are hampered, and so on. This relationship is regulated by basic laws on responsibilities of officials to ensure road traffic and permit (right to access) to operate the transport means, as well as by other regulations and instructions.
The objective aspect of the crime is expressed:
a) in violation of the rules on road traffic and operation of transport means,
b) when there is severe damage to human health,
c) when there is a causal connection between the act and the consequence.
The subjective aspect of the crime is highlighted in the norm, is characterized by display of negligence towards the consequences.
Note that for the accident near Podolsk, there is only the consequence (people with severe health damage and death), and which rules of road traffic and operation of the vehicles are violated, and in which they are clearly expressed, still are not clear, in other words, the above mentioned circumstances listed in the objective side of the crime, as well as the key issue of having the technical possibility for the drivers of transport means to prevent the accident under such emergency situation, or being deprived of the possibility, is not assessed. The investigation is connected with specific professional knowledge, and a judicial-auto-technical complex expertise should be assigned.
In such a case, making noise around innocence or guilty of the drivers of the transport means, or the official person permitting to operate vehicle, is unnecessary.
The issue of extradition, according to the “European Convention” in Strasbourg dated 13 December 1957, and related Article 2 of two additional protocols of Paris, extradition of guilty persons and suspected in the crime, shall be permitted, but the point is that Hrachya’s sin is not still specified whether he is alleged guilty of the crash performance, so it is appropriate to wait for the end of the investigation of the criminal case and the trial.
Aram MKHITARYAN
Lawyer, Moscow