Information regarding our legal battle in Armenia

Dear Friends:

Again we have hit a stone wall and all I can say is you all know now first hand what this game has been like for us over these nearly two years. Every time we think we’ve come to a decisive point, the case takes a new direction, or at least a curve or two.

Jan. 25:
The hearing was held in front of three judges after an initial delay of 40 minutes; our lawyers were at first invited to ‘have a seat in the ‘cloak room’ -- kind of let’s sit down and talk. Our lawyers thought a deal was going to be offered and agreed. However, it quickly became apparent that this was not the case. It quickly became clear there was no deal but the actual ‘hearing’ was taking place in a backroom, and Ashot objected telling the judges there is a crowd waiting to hear the proceedings and we should go into the main courtroom. The judges agreed. There were approximately 50 people present, including journalists. Igityan showed up – alone. (One of acquaintances at one point went over to him and started yelling – you are a thief, a crook, etc… how do you live with yourself…etc. I was told, Igityan’s head couldn’t get any lower.)

Next, the main investigator on the case (from the Prosecutor General’s office) gave a very short explanation of why they appealed the lower court decision and are sticking to their decision that the case is not criminal. (Gurgen Melikyan told us it was a total embarrassment for them.) This was followed by Ashot and Hrair, our lawyers, each presenting why the case is criminal, point by point. There was no rebuttal by the investigators. Again, they sat with their heads lowered. One of the major points our side made was that these investigators are acting as Igityan’s lawyers, contrary to Armenian law which specifies they must be impartial investigators. They kept hammering this point home. Again, the investigators did not object. (To recall: the case went to this investigator last April because two prosecutors had determined after their own exhaustive investigation that this was a criminal case.)

In the end, the judges said they wanted to question Igityan. Our lawyers pointed out that this hearing was between the PG’s office and the Najarians. Igityan is not named in the appeal. Specifically, the question being heard today is whether the investigators came to the right conclusion based on the evidence they themselves collected (is this case criminal or not and if you have read Edik Baghdasaryan’s latest article on hetq.am you have a flavor of that evidence.)

The judges, however, insisted and said that since Igityan was not present…. At which point, Ashot pointed out that Igityan was sitting in the courtroom. Mmmmm…. There was a moment of hesitation. Now what to do????

Judges are judges and stuck to their decision – the hearing will be held over to Feb. 10 at which time Igityan will be questioned.

Is there any doubt as to what is going on? The judges are giving Igityan time to get his act together which he hasn’t done in two years because he hasn’t felt the need to – given his protectors.

We have no doubt that again the presence of so many observers in the courtroom did not allow a dismissal of the case. The judges are clearly under pressure from the other side – and gave this extended time as appeasement. We can only hope that the pressure from those who are supporting us is equally as strong. (Gurgen Melikyan came away with a good feeling – he felt that there were moments the judges were laughing at the facts from the other side, lowering their heads so as not to be obvious.)

We are also trying to get the police to take control of the two buildings in question to protect them through the winter. Igityan has gone wild – yelling and screaming at another judge and our lawyers in another court. (This took place right after the first hearing). There is no heat – everything has been turned off. We don’t know about the water – Our lawyers are going there tomorrow with a judge to inspect the condition of the buildings. Igityan was yelling – these are mine and I won’t let anyone who has anything to do with the Najarians into these buildings.
Ashot, who has a very dry sense of humor, just laughed!

I guess at this point that is all any of us can do.

Tomorrow, there is going to be a big event in Gyumri at the Primary Care Center. Our staff and city officials have organized it. It is, in part, to open the Clinic after the renovations made this summer, and also, to thank the Armenian Health Alliance for the years of work in Gyumri.

You have our appreciation for all your support, letters, etc. It does make a very big difference. If any of you want to write additional letters I’ve again attached the email list. If you have already written to the Armenian Embassy, maybe you could rewrite that letter to the attached email list. If you wonder if it makes a difference – let me assure it does.

Until Feb. 10th…..

With our warmest regards,
Carolann and George

PS For those of you who have not seen it please check out: www.hetq.am following Court and Society links. C and G