30.07.2019 | Explanations on the petition of the Prosecutor General's Office of the Republic of Armenia approved by the Supreme Judicial Council of the Republic of Armenia for consent to initiate criminal prosecution against a judge

Taking into account the fact that in the framework of the criminal case initiated under Part 1 of Art. 314 of the RA Criminal Code on the fact of an official forgery of judge investigated by the SIS of the RA various comments on the procedural decisions taken by the preliminary investigation body and the prosecutor's office still continue, we consider it necessary to clarify that:

 

Based on sufficient factual data obtained within the framework of the criminal case investigated by the SIS of the Republic of Armenia on the fact of an official forgery of an employee of the judicial power by the Acting Prosecutor General of the Republic of Armenia on July 26, 2019 a petition has been submitted to the RA Supreme Judicial Council for consent to initiate a criminal case against a judge.

 

By the Decision of July 27, 2019, the Supreme Judicial Council of the Republic of Armenia has concluded that in two episodes there is a reasonable suspicion of involvement of the judge in the acts envisaged by Part 1 of Art. 314 of the RA Criminal Code, thereby coming to an agreement to initiate a criminal case against a judge for committing an official forgery.

 

According to the data obtained within the framework of the criminal case, the judge for personal reasons with the aim of creating the appearance of the consideration of the case within the 10-day period established by law on 09/14/2018 at 09:30, without being in the court building, with the help of a court clerk signed and attached to the court case a false paper protocol regarding the holding of a court session on the mentioned day from 09:30 to 09: 36 and included false information in it that the court session have not attended the applicant, the preliminary investigation body and the representatives of the prosecutor's office /notified in an appropriate manner/, and on the basis of this, the court session has been adjourned and scheduled for another day.

 

It has also been established that on a specified day and at a specified time, with the help of the court clerk, the judge has drafted a falsified paper of the court hearing in another case. It is necessary to note the fact that these 2 protocols have been compiled in a simple paper form, in that case when the protocol of the court session can be made in this way only in the absence of a system for recording court sessions. Moreover, no data have been obtained concerning the failure of the electronic recording system in the specified conference rooms.

 

The preliminary investigation of the criminal case is still in the process; in the near future, appropriate decisions will be made in the manner prescribed by law.

 

With a view to minimize damage the reputation of judge institution, the RA Prosecutor’s Office continues to provide limited information on this criminal case.

 

In this context, we consider inadmissible manipulative speculations by this case on the part of individual “political figures” who proclaimed themselves “human rights defenders” without familiarizing themselves with the case materials and factual data. We urge to refrain from the already well-known, but exhausted tricks, especially those that have nothing to do with the professional significance of manifestations regarding the expression of an unbiased and interested attitude and qualifications beyond ethics.

 

At the same time, we want to remind all those who are sincerely concerned and interested the principles of equality and the inevitability of criminal liability before the law, set forth in Art. 6 and 7 of the Criminal Code of the Republic of Armenia, which are unconditionally applicable to any person suspected of committing a crime, regardless of his or her position and function.

ՀՀ գլխավոր դատախազ Արթուր Դավթյանի շնորհավորական ուղերձը հանդիսավոր նիստում

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