Information regarding our legal battle in Armenia – Update as of March 25, 2005

Dear Friends:

The Court of Review has found in our favor by rejecting the Prosecutor General’s appeal against the decision handed down by the Court of First Instance. However, our victory is short lived -- the Prosecutor General’s office has again appealed the court’s decision. The Court of Review decision is very clear that the conclusions drawn by the investigators on this case were outright wrong and made in breach of Armenian law; and thus, the judges sent the case back to the Prosecutor General’s office. The appeal of this decision brought by the Prosecutor General’s office appears to be nothing than one more attempt to derail our case. The appeal is against the findings of Armenian courts, and is intended to cause us to fatigue and give up. It is one more example of the corruption at work within the Prosecutor General’s office.

We have the 5-page written decision of the Court of Review upholding all parts of the decision of the Court of First Instance; it is an impressive document. In denying the appeal of the Prosecutor General’s office the 3 judges enumerated more than 11 points of fraud which they ruled makes the case criminal (and not civil ) under Armenian law. The judges listed discrepancies they found in verbal testimony and written evidence given by Igityan as compared to testimony and documents provided by other witnesses and by George; the court stated that the investigators failed to reconcile these discrepancies and even ignored them completely. The decision of the Court or Review specifically refuted the evidence the investigators collected supposedly proving Igityan inherited wealth from his in-laws; the court ruled the investigation did not have any evidence to claim that Igityan had any wealth whatsoever. (for the story on how Igityan’s apartment was searched see http://www.hetq.am/eng/court/0502-naj-1.html)

The judges wrote that the investigators were obligated under Armenian law to name George “the victim” from the time they received the case in May 2004 since ample evidence existed for doing so and by not doing so they wrongly interpreted and breeched Armenian law so as to affect a wrong outcome. They elaborate by going on to say that the evidence was not “fully,” and “fairly” investigated and wrong conclusions were reached. I quote from a translation of the decision:

"…Through not recognizing George Najarian as an aggrieved party the investigation committed a material breach of the law, due to which George Najarian was deprived and distanced from his rights guaranteed by the law; and the principle of full, fair and thorough investigation was breached, influencing the correct decision on the case."

"….Hence, the Court of Review finds that the Court of First Instance of Central and Nork – Marash Communities through observance of the criminal procedure code provisions, made a lawful, substantiated and based decision in December 9, 2004 , and there is no basis to terminate that decision."

"….The Court of Review, based on the principal of fair trial provided under Article 6 of European Convention of Human Rights and Protection of Basic Freedoms, and also based on the provisions of the Republic of Armenia Criminal Procedure Code , found that the appeal of review of the prosecutor is baseless and thus shall be left without satisfaction."

We are greatly saddened that this well-documented and reasoned decision is being appealed. The appeal by the Prosecutor General’s office is, as well, using almost identical wording and making the same claims as their first appeal (brought against the decision of the First Instance Court). It is unbelievable that they are persisting in this way despite the fact that nearly all of their arguments in their first appeal were effectively and clearly ruled against by two Armenian courts. The evidence in the case has been substantiated; it is strong. However, it appears that we cannot win because of corruption within the Prosecutor General’s office. Due to this corruption the Prosecutor General’s office effectively refuses to do its job under the Armenian Constitution and Armenian law, even after the decisions of Armenian courts were handed down.

There is cause for hope, however. We are greatly encouraged by the action of these judges – judges who resisted the pressure put on them to find against us. This must be applauded loudly. We are also encouraged by their willingness to reprimand the investigators for their ‘breech of law’ in the handling of this case.

We will keep you posted. Again, thank you for your support. Our friends and your friends, and people we don’t know, as well as with the media have filled the courtroom at each hearing – it is taking a lot of effort for people to leave work and attend these sessions We are very appreciative of their efforts.

Carolann and George Najarian - March 25, 2005