REFERENCE ON DEATH CASES IN RA ARMED FORCES AND NK DEFENSE. ARMY IN THE 1 st HALF OF 2015 OPEN SOCIETY FOUNDATIONS. Helsinki Citizens Assembly

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1 Helsinki Citizens Assembly Vanadzor OPEN SOCIETY FOUNDATIONS REFERENCE ON DEATH CASES IN RA ARMED FORCES AND NK DEFENSE ARMY IN THE 1 st HALF OF 2015 VANADZOR 2015

2 According to the findings of the studies by the HCA Vanadzor, in the 1 st half of 2015, the RA Armed Forces and the NK Defense Army registered 28 incidents which caused the death of 34 military servicemen. As for 2014, the number of registered death cases totaled 22; this means, that regretfully, this number has grown by 1.5. According to the official data, 22 of the 34 death cases in 2015 were caused by the ceasefire violation (with 12 cases caused by subversive activities), 2 cases by killing (1 premeditated homicides and 1 caused by breach of military service rules 1 ), 4 cases by suicide or causing someone to commit a suicide, 1 by breach of military service rules, 3 by accidents (2 car accidents and 1 in circumstances still unclear), and the other 2 by health problems. In fact, 16 of the 22 death cases caused by the ceasefire violations in the 1 st half of 2015 occurred in NK, and 6 in the RA. The Table below shows the compared data of the areas of ceasefire violations and number of death cases in the same periods of the past 2 years. Table 1 Number of death cases caused by ceasefire violations in the 1 st halves of as broken down by areas Year Area Total NK RA The Table above shows that the number of death cases caused by ceasefire violations has sharply increased in the recent 3 years. Note that the number of the death cases (22 servicemen) caused by the ceasefire violations in the 1 st half of 2015 almost amounts to the total number of death cases (26 servicemen) caused by the ceasefire violations in In this case, if there is no accused, the criminal case is usually initiated under Breach of military service rules.

According to the official data, 22 of the 34 death cases in 2015 were caused by the ceasefire violation (with 12 cases caused by subversive activities), 2 cases by killing (1 premeditated homicides

3 The Diagram below shows the registered number of ceasefire violations and death cases caused by them in January-June of Number of ceasefire violations and death cases caused by them in the 1 st half of Diagram 1 Number of ceasefire violations Number of death cases caused by ceasefire violations 2 The dynamics of the ceasefire violations/victims proportion reveals that the number of the death cases caused by the ceasefire violations rises along with the growing number of such violations. The comparison of the number of ceasefire violations per death case caused by such violations in the 1 st halves of /see Table 2/ shows that the number of shots per death case in 2015 has significantly reduced. This indicator speaks of improper observation of the security rules and insufficient level of security measures in the combat duty areas. Table 2 Number of ceasefire violations per death case Year Number of ceasefire violations

dynamics of the ceasefire violations/victims proportion reveals that the number of the death cases caused by the ceasefire violations rises along with the growing number of such violations.

4 Out of the 34 military serviceman deceased in 2015, 6 were contract servicemen, 5 officers, 1 - non-commissioned officer and the other 22 conscript soldiers. Furthermore, according to the official data, 3 of the dead officers, 1 non-commissioned officer and all the 6 contract servicemen died as a result of ceasefire violation. There are official reports on facts of death of only 28 servicemen out of 34. Out of the 34 death cases in the 1 st half of 2015, 10 occurred in the Republic of Armenia and 24 in Nagorno-Karabakh. According to the information available, criminal cases were initiated on 24 incidents out of 34, with 23 cases in the stage of preliminary investigation and 1 case (a separate episode of a criminal case) at the stage of judicial examination. Out of the criminal cases: 8 were initiated under Article 104(2)(13) of the RA Criminal Code, i.e. murder out of motives of national, race or religious hate or fanaticism; 3 were initiated under Article 104(2)(1, 6, 7 and 13) of the RA Criminal Code, i.e. murder of 2 or more persons by a group of people or by an organized group committed in a way dangerous for the life of many people out of motives of national, race or religious hate or fanaticism; 2 were initiated under Article 104(2)(1 and 13) of the RA Criminal Code, i.e. murder of 2 or more persons out of motives of national, race or religious hate or fanaticism; 2 were initiated under Article 104(2)(1, 7 and 13) of the RA Criminal Code, i.e. murder of 2 or more persons by a group of people or by an organized group out of motives of national, race or religious hate or fanaticism; 2 were initiated under Article 365(3) of the RA Criminal Code, i.e. violation of combat duty or combat service rules, which caused grave consequences;

There are official reports on facts of death of only 28 servicemen out of 34. Out of the 34 death cases in the 1 st half of 2015, 10 occurred in the Republic of Armenia and 24 in Nagorno-Karabakh.

5 4 were initiated under Article 110(1) of the RA Criminal Code, i.e. causing somebody to commit suicide or make an attempt at a suicide by indirect willfulness or by negligence, by means of threat, cruel treatment or regular humiliation of one s dignity; 1 was initiated under Article 104(2)(7) of the RA Criminal Code, i.e. murder by a group of people or by an organized group; 1 was initiated under Article 104(2)(7 and 13) of the RA Criminal Code, i.e. murder by a group of people or by an organized group out of motives of national, race or religious hate or fanaticism; and 1 was initiated under Article 377(2) of the RA Criminal Code, i.e. breach of rules for driving or operating transportation vehicles which negligently caused human death. As for the rest 10 incidents, the mass media provides no information on whether any criminal proceedings were initiated and if yes, under which articles of the RA Criminal Code. It should be noted that no criminal proceedings were initiated on 2 death cases caused by health problems and 2 of the 3 accidents. Below is the statistics (see Table 3) on the death cases in the 1 st half of 2015.

e. murder by a group of people or by an organized group out of motives of national, race or religious hate or fanaticism; and 1 was initiated under Article 377(2) of the RA Criminal Code, i.e. breach of rules for driving or operating transportation vehicles which negligently caused human death.

6 Cause/effect of death cases in the 1 st half of 2015 Table 3 Month Ceasefire violation Breach of combat service rules Suicide /Causing to commit a suicide Premeditated Murder Accidents Health problems 2 / Breach of combat service rules Car accidents/ Breach of driving or operating rules With still unclear circumstanc es Number of incidents Total Official report available January February March April May June Total According to the information available, no criminal cases have been initiated yet on the servicemen s death caused by health problems in In 2014, a criminal case was initiated on the death of a serviceman by the same cause under Article 376(1 or 2) of the RA Criminal Code, i.e. negligent attitude to service by a commander or official which caused essential damage or grave consequences.

12 8 February 3 1 1 1 5 6 6 March 6 1 4 7 6 April 2 1 1 4 4 4 May 1 1 2 2 1 June 1 2 3 3 3 Total 22 1 4 1 1 2 1 2 27 34 28 According to the information available, no criminal cases have been

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