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THE PRESIDENT INVITED A MEETING ON THE ISSUES RELATED TO THE PRETRIAL INVESTIGATION OF CRIMINAL CASES
http://www.president.am/en/press-release/item/2012/10/29/President-Serzh-Sargsyan-meeting-prosecutor-office/
29.10.2012
Today, President Serzh Sargsyan invited a meeting at the RA
Prosecutor's Office with the participation of the representatives of
the law enforcement bodies. The meeting was dedicated to the issues
related to the pretrial investigation of criminal cases.
Underscoring at the beginning of the meeting that successful resolution
of the pretrial investigation issues is conditioned mainly by the
proper implementation of the exceptional functions of the procurator's
supervision, the President of Armenia along with mentioning observable
positive changes in the activities of the public prosecutor's office
related to the fight against certain crimes, harshly criticized
still existing negative occurrences which are taking place because
of negligence or actions with underlying evil intentions by some of
the prosecutors.
"Overall, the prosecutor's office remains among those state structures
which are able to demonstrate in their activities small but still
certain positive results. It is proved, in particular, by progress
noted by the international structures in our fight against money
laundering and trafficking. Success has also been registered
in the cooperation with other law enforcement bodies aimed at
the strengthening of the legal structure. Works of the Military
Prosecutor's Office has also shown definite improvement.
Examples like these prove once again that diligent and honest
prosecutors, who present a considerable number in this structure,
realize the mission assumed before the society and the state and
carry out that mission conscientiously.
However I should also note that negligence or evil intentions of some
prosecutors still remain a problem and, unfortunately, do not meet a
proper judgment. I would like to remind that during the last December
meeting while discussing issues related to the quality of pretrial
investigation and efficiency of the procurator's supervision, this
problem was particularly emphasized and it was proposed to undertake
effective measures to fight it. Although some steps have been taken on
this direction including persecution of those guilty, the extent of
the negative occurrences has not subsided. One special conclusion is
that some individuals simply didn't draw lessons from all this. They
didn't draw lessons because inside the prosecutor's office I don't
see resolute struggle against these happenings.
It is obvious that during the pretrial investigation, the prosecutor
has a serious role to play; the representatives of the pretrial
bodies are here and you all understand quite well that in this process
everyone has a share of responsibility.
In this short period of time, after going through the complaints and
appeals received from the citizens, the Presidential Staff conducted
an inspection and revealed in the pretrial practices facts which
are simply inconsistent with sound logic. As if it's not enough that
instead of revealing facts related to the criminal case, the officials
in charge have been changing the circumstances of the crime by passing
off certain facts, they also have been patronizing the criminalize
and covering up the crimes. Furthermore, in some instances unrelated
persons have been charged for crimes. I cannot imagine a fouler or a
more wicked deed on behalf of a person who works in a law enforcement
establishment. Today, we will hear of these facts.
Only a two- or three-months long investigation of your activities
has revealed that, for instance,
with the connivance of a prosecutor, a number of persons incriminated
in a crime have become witnesses; and sometimes not with just
connivance but through his direct participation,
~U instead of fighting crimes, a prosecutor himself conducts crimes and
becomes a wanted person. And it looks like nobody is held responsible
for that - neither his immediate boss, nor other officials at the
prosecutor's office who ex officio have the responsibility to conduct
supervision of the prosecutor's activities,
~U next, instead of supervising the execution of justice, they engage
in a squabble with a representative of another law enforcement body
in an unacceptably insolent manner, even though I assume a "squabble"
is not the proper word in this case. The police employee has been
invited through his boss's order to the office and was slapped,
i.e. beaten up. And I have to personally interfere to make sure that
that particular person is not only charged with criminal offence but
also is fired from the prosecutor's office. If a prosecutor assumes
that he can conduct a lynching, what can a prosecutor demand from
others?
~U next, appearing in a situation inconsistent with the prosecutor's
position, he enjoys impunity, i.e. if a prosecutor engages in a street
fight, understandably after the fact a criminal case is filed and later
with the engagement of a non-existent witness through all thinkable
and unthinkable means everything is done to try another person.
There is a criminal, wicked trend while working on criminal case
all of a sudden to claim a necessity to unearth the circumstances
of a 15-year old case. The tax bodies are instructed to examine the
activities for the last fifteen years. Hundreds of individuals must be
cross-examined when it is absolutely immaterial for that particular
case. And this is justified by the need to conduct a comprehensive,
inclusive investigation. What's in it? Go, solve the crime.
And these are only some of the registered cases. Can anyone explain to
me how can such atmosphere exist in a law enforcement body? It simply
means that some have become too haughty. If a prosecutor's deputy in a
marz believes that he can get away with it, I cannot think otherwise,"
the President of Armenia said.
The participants of the meeting were familiarized with the findings
of the RA Presidential Staff regarding the practical issues in the
pretrial investigation of criminal cases. Presented objective data
and their comprehensive examination allowed to conclude that:
~U those officials responsible for the pretrial investigation of
criminal cases do not execute in a proper fashion or do not execute
at all their judicial powers,
~U in the course of investigating grave or the gravest crimes, the
requirement of a comprehensive, inclusive and objective investigation
is being infringed,
~U as a result, problems outlined by the RA Criminal Trial Code
are solved insufficiently - persons charged for crimes do not carry
criminal responsibility, innocent persons are being charged guilty and
unnecessarily are being subjected to the restriction of their rights,
~U those officials, who allow violations in the course of
their professional activities, are not subjected to appropriate
responsibility and may stay unpunished,
~U those directly engaged in the law enforcement activities do not
demonstrate initiatives related to the development of the measures
aimed at the improvement of their performance and enhancement of
their efficiency.
Considering the nature of the registered problems and associated
consequences, the President of Armenia gave specific instructions to
the concrete officials aimed at the addressing the situation.
At the conclusion of the meeting, Serzh Sargsyan underscored that he
expects considerate attitude on behalf of the RA Prosecutor General,
his Deputies, those responsible for investigations. "I demand
principled stance from you all. Each one must be responsible and it
must be registered.
Based on the results demonstrated in the first three months of 2012,
we will speak again about the quality of investigations and concrete
facts," President Serzh Sargsyan underscored.
http://www.president.am/en/press-release/item/2012/10/29/President-Serzh-Sargsyan-meeting-prosecutor-office/
29.10.2012
Today, President Serzh Sargsyan invited a meeting at the RA
Prosecutor's Office with the participation of the representatives of
the law enforcement bodies. The meeting was dedicated to the issues
related to the pretrial investigation of criminal cases.
Underscoring at the beginning of the meeting that successful resolution
of the pretrial investigation issues is conditioned mainly by the
proper implementation of the exceptional functions of the procurator's
supervision, the President of Armenia along with mentioning observable
positive changes in the activities of the public prosecutor's office
related to the fight against certain crimes, harshly criticized
still existing negative occurrences which are taking place because
of negligence or actions with underlying evil intentions by some of
the prosecutors.
"Overall, the prosecutor's office remains among those state structures
which are able to demonstrate in their activities small but still
certain positive results. It is proved, in particular, by progress
noted by the international structures in our fight against money
laundering and trafficking. Success has also been registered
in the cooperation with other law enforcement bodies aimed at
the strengthening of the legal structure. Works of the Military
Prosecutor's Office has also shown definite improvement.
Examples like these prove once again that diligent and honest
prosecutors, who present a considerable number in this structure,
realize the mission assumed before the society and the state and
carry out that mission conscientiously.
However I should also note that negligence or evil intentions of some
prosecutors still remain a problem and, unfortunately, do not meet a
proper judgment. I would like to remind that during the last December
meeting while discussing issues related to the quality of pretrial
investigation and efficiency of the procurator's supervision, this
problem was particularly emphasized and it was proposed to undertake
effective measures to fight it. Although some steps have been taken on
this direction including persecution of those guilty, the extent of
the negative occurrences has not subsided. One special conclusion is
that some individuals simply didn't draw lessons from all this. They
didn't draw lessons because inside the prosecutor's office I don't
see resolute struggle against these happenings.
It is obvious that during the pretrial investigation, the prosecutor
has a serious role to play; the representatives of the pretrial
bodies are here and you all understand quite well that in this process
everyone has a share of responsibility.
In this short period of time, after going through the complaints and
appeals received from the citizens, the Presidential Staff conducted
an inspection and revealed in the pretrial practices facts which
are simply inconsistent with sound logic. As if it's not enough that
instead of revealing facts related to the criminal case, the officials
in charge have been changing the circumstances of the crime by passing
off certain facts, they also have been patronizing the criminalize
and covering up the crimes. Furthermore, in some instances unrelated
persons have been charged for crimes. I cannot imagine a fouler or a
more wicked deed on behalf of a person who works in a law enforcement
establishment. Today, we will hear of these facts.
Only a two- or three-months long investigation of your activities
has revealed that, for instance,
with the connivance of a prosecutor, a number of persons incriminated
in a crime have become witnesses; and sometimes not with just
connivance but through his direct participation,
~U instead of fighting crimes, a prosecutor himself conducts crimes and
becomes a wanted person. And it looks like nobody is held responsible
for that - neither his immediate boss, nor other officials at the
prosecutor's office who ex officio have the responsibility to conduct
supervision of the prosecutor's activities,
~U next, instead of supervising the execution of justice, they engage
in a squabble with a representative of another law enforcement body
in an unacceptably insolent manner, even though I assume a "squabble"
is not the proper word in this case. The police employee has been
invited through his boss's order to the office and was slapped,
i.e. beaten up. And I have to personally interfere to make sure that
that particular person is not only charged with criminal offence but
also is fired from the prosecutor's office. If a prosecutor assumes
that he can conduct a lynching, what can a prosecutor demand from
others?
~U next, appearing in a situation inconsistent with the prosecutor's
position, he enjoys impunity, i.e. if a prosecutor engages in a street
fight, understandably after the fact a criminal case is filed and later
with the engagement of a non-existent witness through all thinkable
and unthinkable means everything is done to try another person.
There is a criminal, wicked trend while working on criminal case
all of a sudden to claim a necessity to unearth the circumstances
of a 15-year old case. The tax bodies are instructed to examine the
activities for the last fifteen years. Hundreds of individuals must be
cross-examined when it is absolutely immaterial for that particular
case. And this is justified by the need to conduct a comprehensive,
inclusive investigation. What's in it? Go, solve the crime.
And these are only some of the registered cases. Can anyone explain to
me how can such atmosphere exist in a law enforcement body? It simply
means that some have become too haughty. If a prosecutor's deputy in a
marz believes that he can get away with it, I cannot think otherwise,"
the President of Armenia said.
The participants of the meeting were familiarized with the findings
of the RA Presidential Staff regarding the practical issues in the
pretrial investigation of criminal cases. Presented objective data
and their comprehensive examination allowed to conclude that:
~U those officials responsible for the pretrial investigation of
criminal cases do not execute in a proper fashion or do not execute
at all their judicial powers,
~U in the course of investigating grave or the gravest crimes, the
requirement of a comprehensive, inclusive and objective investigation
is being infringed,
~U as a result, problems outlined by the RA Criminal Trial Code
are solved insufficiently - persons charged for crimes do not carry
criminal responsibility, innocent persons are being charged guilty and
unnecessarily are being subjected to the restriction of their rights,
~U those officials, who allow violations in the course of
their professional activities, are not subjected to appropriate
responsibility and may stay unpunished,
~U those directly engaged in the law enforcement activities do not
demonstrate initiatives related to the development of the measures
aimed at the improvement of their performance and enhancement of
their efficiency.
Considering the nature of the registered problems and associated
consequences, the President of Armenia gave specific instructions to
the concrete officials aimed at the addressing the situation.
At the conclusion of the meeting, Serzh Sargsyan underscored that he
expects considerate attitude on behalf of the RA Prosecutor General,
his Deputies, those responsible for investigations. "I demand
principled stance from you all. Each one must be responsible and it
must be registered.
Based on the results demonstrated in the first three months of 2012,
we will speak again about the quality of investigations and concrete
facts," President Serzh Sargsyan underscored.