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Գլխավոր դատախազ Արթուր Դավթյանի եզրափակիչ ելույթը ԱԺ-ում

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Responsible for ensuring freedom of information

The RA Prosecutor’s Office Division of Public Relations, head of the Division – Arevik Khachatryan

16.03.2021 | Answer-clarification

Today Member of Parliament Taguhi Tovmasyan, clearly distorting the circumstances associated with a specific case, tried to present information, which was not related to reality.

 

Therefore, we consider it necessary to inform the public about the following:

 

1․According to the Constitution of the International Criminal Police Organization (hereinafter - Interpol), it is not a responsible body in the field of criminal justice, as the MP emphasizes. This organization does not study the circumstances of the case, factual data, not only does not have the authority to assess the legality of the charge, but also does not verify the details. We consider it necessary to clarify that under Art. 2 of the Constitution of Interpol, its purpose is to ensure broad interaction of all bodies (institutions) of the criminal police ... which can successfully contribute to the prevention and fight against crime.

 

In other words, the activity of Interpol is based on the principle of developing interaction between the relevant authorities of different countries in the fight against crime.

 

There are many cases when cooperation by the case of a politically active high-ranking official or by cases of separate crimes committed on national grounds was limited on the basis of a document from the relevant subdivision of Interpol.

 

However, Interpol has always emphasized that under Art. 3 of the Constitution: the General Secretariat of Interpol does not take a position on the validity of the criminal proceedings carried out by such cases; and such decisions are based only on the requirements stipulated by the Constitution and rules of Interpol; and the only consequence of this is that the submitted request for international police cooperation in relation to a person cannot be disseminated through Interpol channels.

 

Therefore, such position is not the first and not the only case, as the MP emphasized, trying to attach importance to the "sensation" presented by her. By many cases with the aforementioned component, Interpol has expressed such position.

 

Thus, Interpol is not a responsible body of criminal justice and the qualification "political prosecution" of the case described by the indication of Art. 3 of the Constitution of Interpol is clearly inappropriate, unfounded, highly subjective.

 

It should be noted that the validity of the charge against the accused Gevorg Kostanyan (at least at the level of reasonable doubt) was assessed three times by the Court of General Jurisdiction of the city of Yerevan (first on the basis of petitions of the preliminary investigation, then 2 more times - by the defense), and the legality and validity of the decisions made were verified and approved by judicial acts of the Appeal and Cassation court.

 

At the same time, the argument regarding not announcing prosecution in the territory of the Russian Federation by the RF law enforcement agencies in relation to the accused Gevօrg Kostanyan for many times was presented by his defender to the RA court, however, according to judicial acts, the position of the RA Prosecutor's Office is that this argument has nothing to do with the charge brought against, the assessment of legality and the validity of the grounds for choosing detention as a measure of restraint.

 

Gevorg Kostanyan was involved as an accused by the criminal case for committing those acts that he learned about the details of the measures taken by the state competent authorities during the events that took place in Yerevan on March 01 and 02, 2008, as well as the active criminal participation of military personnel of different subdivisions of the Armed Forces of the Ministry of Defense of the Republic of Armenia, illegal use of weapons by military personnel, and in the period - since May 2008 to June 2009 forced the officials and the investigative body to conceal the instruments and means of the indicated crime, as well as traces of the crime and to falsify evidence.

 

Besides that Gevorg Kostanyan, who held the position of the representative of the RA Government at the European Court of Human Rights in connection with the events that took place in Yerevan on March 1 and 2, 2008 in the period from November 2012 to February 2017 by using fake official documents by the indicated criminal case, on the basis of which he formulated the position of the RA Government and presented it to the European Court.

 

These circumstances were substantiated by the testimony, documents of the accused G.Kostanyan's accomplices.

 

Moreover, former high-ranking officials of the RA Police were also accused of committing a crime as accomplices of G. Kostanyan, two of whom did not dispute the incriminated acts and, due to the expiration of the statute of limitations agreed with the investigative body to terminate the criminal prosecution against them.

 

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.