YEREVAN. - The Ministry of Justice of Armenia on Wednesday received the decision of the Russian court on recognizing the judgment rendered on 23 August 2016 by the first instance court of Armenia’s Shirak province against Valery Permyakov, and its implementation in the territory of Russia.
The decision of the Russian court guarantees unfailing implementation of the court judgment in the manner established by the international agreements between Armenia and Russia, the press-service of the Justice Ministry informed Armenian News – NEWS.am.
It is also reported that the agreement of 29 August 1997 “On mutual legal assistance in issues related to the location of the Russian base in the territory of Armenia” precisely establishes which state is to prosecute in case a crime is committed by servicemen, as well as the prosecution procedure.
According to Article 4 of the agreement, where the crime is committed by the representative of the personal staff of the base, the jurisdiction of Armenia applies to them in the territory of Armenia, whereas according to Article 5 of the same agreement in case of military crimes committed by the personal staff of the base, the Russian legislation applies.
Therefore, there is a duality of jurisdiction, the arrest and service of sentence of the person being conditioned by this.
Considering this and aiming to implement the court judgment, the law enforcement authorities of Armenia and Russia are holding discussions for solving the issue within the framework of the Moscow Convention of 1998 “On handing over prisoners for the further service of sentence”.
The murder took place on January 12, 2015. According to the indictment, Permyakov entered the Avetisyan family home on that day, and he killed home residents Aida Avetisyan, Hasmik Avetisyan, Seryozha Avetisyan, Armen Avetisyan, Araksya Poghosyan, and little girl Hasmik Avetisyan. Subsequently, he stabbed 6-month-old Seryozha Avetisyan five times. The baby boy died in the hospital one week later.
Permyakov was apprehended by the Russian border guards near the Armenian-Turkish border—and nearby Bayandur village—on the same night, he was arrested on January 14, and held in custody at the Russian military base.
Armenia and Russia instituted criminal cases on charges of murder and military desertion, respectively.
On August 12, 2015, the Russian court sentenced Permyakov to ten years in prison. And on October 16 of the same year, Armenia formally brought criminal charges against the Russian soldier.
And on August 23, 2016, the Shirak District Court of First Instance found Valery Permyakov guilty of all charges—murder, robbery, and attempt to cross the Armenian state border—that were brought against him, and he was sentenced to life in prison.