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The Will Of Office Of Prosecutor General And The Law

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  • The Will Of Office Of Prosecutor General And The Law

    THE WILL OF OFFICE OF PROSECUTOR GENERAL AND THE LAW
    Hakob Badalyan

    Lragir
    Jan 24 2008
    Armenia

    A special working group has been set up within the Office of Prosecutor
    General of Armenia which will investigate breaches in the presidential
    election, and the office of prosecutor general stated through the
    deputy prosecutor general Aram Tamazyan on January 23 to punish
    wrongdoers. This is a sensation because part of the society might think
    that the office of the prosecutor general may encourage election fraud
    and generally wrongdoers. Logic, as well as the Armenian legislation
    prompt that the office of prosecutor general is meant to reveal and
    bring charges against wrongdoers. Therefore, the statement about
    punishing wrongdoers in the election is meaningless and useless,
    and is mere pretension to assure there is determination to hold a
    fair election. Otherwise, it turns out that the office of prosecutor
    general could have not punished but has decided to punish.

    In other words, it is the will of the office of prosecutor general
    rather than the law.

    On the other hand, however, the fact of deviation from logic is
    typical of Armenia because we know that the office of prosecutor
    general, as well as any other government agency in Armenia sticks to
    their will rather than the letter of the law. The law says one thing,
    the government wants another thing. In this context, the statement of
    the office of prosecutor general acquires logic. In other words, they
    warn the wrongdoers that this time election fraud will be punished.

    They want so. However, both wrongdoers and the society have every
    reason to disbelieve the office of prosecutor general. One of the
    first reasons is that the Prosecutor General Aghvan Hovsepyan is a
    stakeholder in the presidential election, because the Nig-Aparan Union
    of Compatriots, the honorary president of which is Aghvan Hovsepyan,
    has stated to support Serge Sargsyan. Consequently, this interest
    may affect the work of the agency led by Aghvan Hovsepyan.

    Therefore, the office of prosecutor general is not entitled to
    politics, although the law does not bar the unions of compatriots
    from politics.

    However, there is one more circumstance which causes doubt about the
    determination of the office of prosecutor general to punish election
    fraud. Evidence is the response of the office of prosecutor general
    to reports of irregularities in the election process. The office of
    prosecutor general says the reports are too general and there are
    no facts. This answer is unique. If definite facts are offered to
    the office of prosecutor general, what is the job of the office of
    prosecutor general then? After all, the office of prosecutor general
    not only prosecutes but also reveals the wrongdoers. If a murder
    takes place, and the murderer is not known, does it mean the office
    of prosecutor general will not investigate the case to reveal the
    murderer? Or if a robbery is reported, will the office of prosecutor
    general investigate only in case it learns the names of the robbers?

    Hence, the society has considerable reason not to believe the
    honesty of the office of prosecutor general. However, even if
    these suppositions or perceptions are subjective, the fact that
    the office prosecutor general has not punished the wrongdoers of
    the previous elections from the parliamentary election of 1995 to
    the parliamentary election of 2007 and has not revealed the obvious
    and hidden illegalities except for some scapegoats allows stating
    confidently that the threat of the office of prosecutor general to
    punish election fraud is like the threat of the wolf in the cartoon
    "Bunny, do you hear me?" and the bunny's answer "I do!"
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