The investigation of the attack in Shurnukh will continue

In connection with the 2018 incident of violence against alleged LGBT+ individuals in the village of Shurnukh, the First Instance Court of General Jurisdiction of Syunik Region has annulled the investigative body’s decision to terminate the criminal proceedings. At the same time, the court has obliged the investigative authority to ensure a proper, comprehensive, prompt, and non-delayed preliminary investigation.

The court noted that the preliminary investigation had obtained contradictory factual data. According to the court’s assessment, these contradictions concern facts that are essential for the case and for establishing or refuting circumstances significant to the proceedings.

The court disagreed with the prosecutor’s claim that the incident was not related to the victims’ gender identity and that, therefore, this case could not be considered a violation of the principle of equality.

The court also disagreed with the legal qualification of the act, which had disregarded the victims’ constitutional rights, particularly the violation stemming from inequality.

It further noted that the investigation had failed to properly assess the victims’ sexual orientation, their gender identity, and the circumstances preceding and accompanying the alleged incident, including discriminatory expressions directed at them, which indicate that the act may have been committed with a motive of hatred.

Alongside highlighting these and other procedural violations, the court emphasized that the investigative body failed to observe reasonable timeframes for the investigation and did not conduct it properly.

We welcome the decision of the Court of General Jurisdiction of Syunik Region and express hope that this time a proper, comprehensive, complete, and objective investigation will be conducted, leading to the restoration of the victims’ rights.

It is worth recalling that on August 3, 2018, in the village of Shurnukh, Syunik Region, nine alleged LGBT+ individuals and activists were subjected to attack, beating, and harassment. The investigation of the case has been ongoing for nearly seven years. The investigative body has, in fact, failed to ensure a fair trial, resulting in violations of several fundamental rights of the victims.