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Գլխավոր դատախազ Աննա Վարդապետյանի ղեկավարությամբ խորհրդակցություն՝ Երևան քաղաքի դատախազությունում

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02.06.2022 | The prosecutor's office took measures to transfer convicts with positive behavior to an open correctional facility

The General Prosecutor's Office of the Republic of Armenia continues to study the compliance with the requirements of the legislation of the resolutions issued in relation to persons held in penitentiary institutions of the Ministry of Justice of the Republic of Armenia.

 

Within this framework, the legality of the decision of 10.03.2022 on the refusal of the placement commission operating in the penitentiary service of the Ministry of Justice of the Republic of Armenia to transfer convicted Gevorgyan G. to an open correctional facility was also verified

 

As a result, it turned out that on June 23, 2020, Gevorgyan G., sentenced to 4 years and 6 months in prison under p. 1, p. 2, Article 131 of the Criminal Code of the Republic of Armenia for the kidnapping of a woman for the purpose of marriage. Gevorgyan G. was placed in a semi-open correctional facility of the Vardashen colony to serve his sentence, having served more than a third of his term. On January 20, 2022, he filed an application for transfer from a semi-open correctional facility to an open correctional institution, on the basis of which the head of the colony applied to the placement commission.

 

By the decree of placement commission dated March 10, 2022 petition was rejected on the grounds that G.G. did not sufficiently participate in resocializing work while serving his sentence. Taking into account the fact that he did not work, the commission found it inexpedient for the time being to transfer him to an open correctional institution.

 

Having studied the decision of the placement commission, the materials and the personal file of the convict, the prosecutor's office found that it contradicts the current legislation. In particular, the commission did not properly assess the circumstances that he had not previously been convicted. In addition, almost a month after serving his sentence, a positive change in his behavior was noticed, which was of a continuous nature. He attended courses in computer literacy, business literacy, arts and crafts in the penitentiary institution, received a certificate, participated in chess, checkers, table tennis, billiards championships in the penitentiary institution, was included in the sports union.

 

In addition, the correctional institution gave a positive response, stating that G. G. shows positive behavior, positive dynamics are observed in the process of his correction, he regrets the crime he committed, admits his guilt, there are no negative (risky) records during the serving of the sentence.

 

Taking into account the above-mentioned, the prosecutor's office appealed to the placement commission to review its refusal to transfer Gevorgyan G. to an open correctional facility to serve his sentence.

 

Although the Placement Commission rejected the petition on 04/22/2022, the Prosecutor General's Office again submitted a similar petition to the Commission.