27.12.2019 | By the decision of the RA Prosecutor General, the former Minister of Justice of the Republic of Armenia within the framework of criminal case was involved as accussed by two points for committing abuse of powers

By the decision of the RA Prosecutor General A. Davtyan, H.T., who held the post of the RA Minister of Justice from December 17, 2010 to April 3, 2015 was involved as accused within the framework of the criminal case, being investigated in the RA SIS.

 

With the combination of sufficient evidences obtained by a criminal case, it was substantiated that H.T., being informed about the legal norm envisaged by Part 3 of Art. 91 of the RA Law “On Notaries” and the circumstance of the right of 2 notaries to use the premises free of charge, being responsible for ensuring notarial activities, in the period of 2012-2013, using his official position contrary to the interests of the service, from mercenary motives to acquire the right of ownership to the specified premises , by the conspiracy with the head of the relevant inspection of the RA Ministry of Justice, using the authority to exercise control over the activities of the notaries, by interfering in professional activities and threats of suspension from work, impeded the right to use the premises free of charge by notaries. Then, out of the personal motives to hide his right of actual possession, disposal and use of the said premises, H.T. acquired it under the name of another person.

 

Then, due to mercenary motives, through officials subordinate to him, taking advantage of the dependent position of 2 notaries, in October 2013 he agreed with them to lease the premises at a price obviously not favorable to them. As a result, H.T. from each of these notaries until April 2014 received monthly rents in the amount of 800.000 AMD - in total 11.200.000 AMD.

 

In addition to that, in February 2012, H.T. out of mercenary motives, using his official position contrary to the interests of the service, through the officials of the RA Ministry of Justice subordinate to him, by constant threats of suspension from work, intervened in the professional activities of the non-commercial organization - the Notary Chamber of the Republic of Armenia, forced the chairman of the chamber to rent the real estate actually belonging to him. The latter, under the influence of threats, having no alternative, signed a real estate lease agreement on February 20, 2012, according to which he rented real estate for 300.000 AMD per month. As a result, H.T. before the expiration of the lease agreement on October 29, 2014, received a rent in the amount of 10.020.000 AMD from the Notary Chamber.

 

After the conclusion of the agreement in order to create working conditions in the unfinished premises to ensure the normal operation of the Notary Chamber, repair works were carried out, for which 2.467.000 AMD were spent from the budget.

 

Thus, G. T. is accused for the abuse of official powers out of mercenary motives by  two points, resulting in negligence with grave consequences.

 

On the basis of the above mentioned and Part 6 of Art. 9 of the Constitutional Law of the Republic of Armenia “On the Constitutional Court”, by the decision of the Prosecutor General of the Republic of Armenia dated 26.12.2019 H. T. was involved as an accused for committing socially dangerous acts under Part 2 of Article 308 of the RA Criminal Code (2 points). On the same day, the decision was sent to the body conducting the proceedings. The preliminary investigation of the criminal case is still in process.

 

Taking into account the fact that various unreasonable comments are heard regarding the functional inviolability  of the President of the Constitutional Court of the Republic of Armenia and obtaining the consent of the Constitutional Court to initiate criminal prosecution, we consider it necessary to mention the following:

 

Under Part 3 of Art. 164 of the RA Constitution, criminal prosecution of a judge of the Constitutional Court in connection with the exercise of his powers can only be initiated with the consent of the Constitutional Court. That is, the Constitution with the amendments of 2015, unlike the Constitution with the amendments of 2005, establishes exclusively functional inviolability for a judge of the Constitutional Court.

 

Under Part 1 of Art. 4 of the RA CPC, proceedings are governed by the criminal procedure law, which is applicable accordingly during an inquiry, preliminary investigation or consideration of a case in court. In other words, the procedure for criminal proceedings is established by law in force during the proceedings. An exception is provided only in cases where the procedure for legal proceedings changes only after the initiation of proceedings. At the moment, Mr. H. T., who holds the postition of the President of the Constitutional Court, is charged for crimes that were committed while he was the RA Minister of Justice, that is, in 2010-2014.

 

Despite the fact that at the time H. T. was appointed as a member of the RA Constitutional Court, the Constitution of 2005 was in force, however, a criminal case was initiated in 2019, that is, after the provision on the functional inviolability of a judge of the Constitutional Court came into force. Therefore, taking into account the fact that H. Tovmasyan is charged for acts that are not related to his powers as a member of the Constitutional Court or the President of the Constitutional Court, there is no legal need to overcome the complicated procedural forms of involving as an accused under Art. 164 of the RA Constitution.

 

Notice: Every person suspected in or charged with a criminal offense shall be presumed innocent unless proved guilty in the manner prescribed by the RA Criminal Procedure Code and unless the verdict comes into legal force.