Case No. 40094/05
Judgment date: 2 October 2012

The applicant was represented by Ms L. Claridge, Mr M. Muller, Mr T. Otty and Mr K. Yildiz, lawyers of the Kurdish Human Rights Project (KHRP) based in London, Mr T. Ter-Yesayan, a lawyer practising in Yerevan, and Mr A. Ghazaryan, a non-practising lawyer.

The applicant was a member of an opposition party during the 2003 presidential election, and participated in numerous opposition protests. He alleged that he accompanied police officers to the police station without resistance after they approached him on the afternoon of 23 April 2004. However, police records stated that the applicant had disobeyed lawful police orders and used foul language. The applicant alleged that, whilst at the police station, he was kicked and beaten by police officers until he lost consciousness. The applicant was subsequently taken to hospital where he underwent surgery for his injuries, resulting in his left testicle having to be removed. Criminal proceedings were instituted against the applicant but were terminated at the pre-trial stage by the prosecutor, as domestic law allowed the prosecutor to terminate proceedings if he believed that the accused had redeemed the offence through suffering connected with the offence.

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