First time the biased motivation of hatred was considered qualifying the case

05-06-2024

On February 3, 2024, the offender with his friend, who had a direct intention to physically harm a person, attacked a homosexual person knowing about his sexual orientation. It was the first case, documented by the organization, when the offenders were prosecuted for stabbing a person with a knife with the considered biased motivation of hatred towards the homosexual person. Thus, the law enforcement registered that the motivation of committing the crime was hatred and intolerance towards homosexual persons. Even though the preventive measure towards the offenders was a signature on not leaving the country, one of the offenders continued committing crimes. 

More precisely, another person, who had also become a victim of the current offender, had publicly announced in “TikTok” social media’s live platform that he wanted to make a video and needed a person who owns a car. Having that in mind, the offender had agreed to meet a person through “Telegram” application to help with the video shooting. However, after meeting the person, he stole his phone. Afterwards, the offender blackmailed the victim, threatening that he would disseminate the personal information of the phone among the victim’s relatives. The information and materials about the victim’s sexual life were also there. With the threat of publishing that information, the offender demanded to give him another phone, but the victim refused to give the phone. 

In another case, the same offender got acquainted with another person through “Grindr” application. They had several meetings with the victim. During one of the meetings, the offender had sexual intercourse with the victim and after that suggested getting out of the car, as he had an intension to rob the person. When the victim got out the car, the offender stole the victim’s phone, headphones, charger and money, which were left in the car. 

In another case, the same offender saw the person’s photos on “Instagram” social platform and wanted to meet with that person. Giving the reason that he wanted to provide important information to that person, he suggested meeting the victim. During the meeting the offender stole the victim’s personal belongings. 

The person who committed all the above-mentioned robberies was charged, and as a preventive measure an arrest was decided. According to the information obtained by the organization, the same person had previously committed more crimes. However, the victims of previous crimes avoided reporting to the police. 

It is worth mentioning that it was the first time that during criminal proceedings the investigative body considered the hatred as biased motivation while qualifying the crimes committed. The prosecutor had approved the accusation decision, and the case was sent to the court of the first instance of Yerevan city. 

Pink Human Rights Defender NGO welcomes the decision of the investigative body to consider the hatred as a biased motivation while qualifying the act as a ground for accusation. This approach is significant not only for the individual case, but also for the protection of the human rights of LGBT people.