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THE FAILURE OF DETECTION OF ELECTORAL VIOLATIONS OF 2013 PRESIDENTIAL ELECTIONS
http://www.a1plus.am/en/politics/2013/03/05/hk
04:21 PM | TODAY | POLITICS
STATEMENT of Armenian NGOs in regard with the failure of detection
of electoral violations of 2013 presidential elections
On February 18 2013, Armenia held presidential elections that were
accompanied with gross violations reported by a numerous organizations
and individuals. In this respect, Europe in Law Association and
Transparency International Anticorruption Center voice their concern
over the reluctance of the Armenian law enforcement bodies to detect
criminal cases and the illegal acts tended to conceal the crime.
On 18 February, 2013, the Armenian Non-Governmental Organization
Europe in Law Association conducted an observation mission in 14
polling stations in the constituency no 17, which covers the town
of Artashat and several of its neighbouring villages. The Europe in
Law Association's team of observers worked in these polling stations
together with journalists invited by the organization.
In the course of the observation, the Europe in Law Association's team
detected numerous cases of electoral fraud, including ballot-box
stuffing, multiple voting, abuse of administrative resource,
intimidation of and pressures on observers and journalists. On the day
of voting and afterwards, the Europe in Law Association's observers
made several reports to the police, and the Police in Artashat and
the Special Investigative Service have instituted criminal cases
based on several of our reports.
One of these cases concerns ballot-box stuffing in polling station 17/5
in Artashat. The witnesses of the crime were observer Narine Esmaeli
and journalist Artak Hambardzoumyan. Narine is an American citizen of
Armenian origin. She has arrived here through an organization called
Birthright Armenia and currently does an internship with Transparency
International Anti-Corruption Center.
In this case, some 25-30 young men stormed into the polling station,
held the hands of the observer and the journalist while the secretary
of the precinct commission opened the ballot box herself for one of
the guys to stuff some 400-500 ballots into it.
This case became subject of examination by the Special Investigative
Service by investigator Gorik Hovakimyan. Narine Esmaeili was invited
to give testimony, which she did in the presence of Tigran Yegoryan,
advocate and member of Europe in Law Association. Investigation was
accompanied by aggressive behavior, vocal intimidation and changing
of words by the investigator, attempting to hinder the witness's
efforts to provide the true picture of what happened at precinct
17/05 on the Election Day.
Since attorneys are entitled to collect evidence, including by means
of recordings under Article 18 of the Law on Advocacy and it was
critical to collect evidence on unlawful investigation practice,
Tigran Yegoryan recorded the interrogations.
On 1 March, 2013, on the day of cross examination of Narine
Esmaeili with the secretary of the precinct electoral commission, the
investigator Hovakimyan started an argument with Tigran Yegoryan over
the necessity and lawfulness of recording the proceedings. Narine's
representative substantiated his right under Armenian law, while the
investigator could not prove the absence of such a right.
After arguing with him for about 40 minutes the investigator went
out of the room and came back with the Head of the Service, Andranik
Mirzoyan who prohibited the representative to record the interrogation
in very rude terms by telling one of his investigators (there were 5 of
them in the room) to throw his recorder into the toilet. He then did
not even wait for his order to be carried out but he himself snatched
the recorder from Tigran Yegoryan's hand and threw it into the shelf
in that room. Later, one of the investigators took it out secretly
and erased the recordings. Nevertheless, part of these recordings
are currently at Europe in Law Association's disposal.
The process of investigation of this particular case indicates the
reluctance of the Special Investigative Service to detect the electoral
violation and punish the act of crime. Instead, representatives of
this entity are engaged in unlawful processes that create obstacles
for effective investigation, put pressure on witness and indicate
protection of the potential suspect.
The Europe in Law Association and Transparency International
Anti-Corruption Centre deplore the unlawful actions of the
investigators of the Special Investigative Service and particularly
those of Andranik Mirzoyan, the Head of the Special Investigative
Service, We call on the US Embassy in Armenia to interfere and to
request assurances from the Armenian government for the security of
its citizen Narine Esmaeli.
We further call on the OSCE/ODIHR to pay special attention to the
practices of the Armenian law enforcement bodies to investigate and
detect the election-related fraud.
We finally call on the Armenian authorities to make sure that all
election-related crimes are investigated in a transparent, effective
and lawful manner and that the Armenian society is regularly updated
on their progress.
Europe in Law Association Transparency International Anticorruption
Center
From: Emil Lazarian | Ararat NewsPress
http://www.a1plus.am/en/politics/2013/03/05/hk
04:21 PM | TODAY | POLITICS
STATEMENT of Armenian NGOs in regard with the failure of detection
of electoral violations of 2013 presidential elections
On February 18 2013, Armenia held presidential elections that were
accompanied with gross violations reported by a numerous organizations
and individuals. In this respect, Europe in Law Association and
Transparency International Anticorruption Center voice their concern
over the reluctance of the Armenian law enforcement bodies to detect
criminal cases and the illegal acts tended to conceal the crime.
On 18 February, 2013, the Armenian Non-Governmental Organization
Europe in Law Association conducted an observation mission in 14
polling stations in the constituency no 17, which covers the town
of Artashat and several of its neighbouring villages. The Europe in
Law Association's team of observers worked in these polling stations
together with journalists invited by the organization.
In the course of the observation, the Europe in Law Association's team
detected numerous cases of electoral fraud, including ballot-box
stuffing, multiple voting, abuse of administrative resource,
intimidation of and pressures on observers and journalists. On the day
of voting and afterwards, the Europe in Law Association's observers
made several reports to the police, and the Police in Artashat and
the Special Investigative Service have instituted criminal cases
based on several of our reports.
One of these cases concerns ballot-box stuffing in polling station 17/5
in Artashat. The witnesses of the crime were observer Narine Esmaeli
and journalist Artak Hambardzoumyan. Narine is an American citizen of
Armenian origin. She has arrived here through an organization called
Birthright Armenia and currently does an internship with Transparency
International Anti-Corruption Center.
In this case, some 25-30 young men stormed into the polling station,
held the hands of the observer and the journalist while the secretary
of the precinct commission opened the ballot box herself for one of
the guys to stuff some 400-500 ballots into it.
This case became subject of examination by the Special Investigative
Service by investigator Gorik Hovakimyan. Narine Esmaeili was invited
to give testimony, which she did in the presence of Tigran Yegoryan,
advocate and member of Europe in Law Association. Investigation was
accompanied by aggressive behavior, vocal intimidation and changing
of words by the investigator, attempting to hinder the witness's
efforts to provide the true picture of what happened at precinct
17/05 on the Election Day.
Since attorneys are entitled to collect evidence, including by means
of recordings under Article 18 of the Law on Advocacy and it was
critical to collect evidence on unlawful investigation practice,
Tigran Yegoryan recorded the interrogations.
On 1 March, 2013, on the day of cross examination of Narine
Esmaeili with the secretary of the precinct electoral commission, the
investigator Hovakimyan started an argument with Tigran Yegoryan over
the necessity and lawfulness of recording the proceedings. Narine's
representative substantiated his right under Armenian law, while the
investigator could not prove the absence of such a right.
After arguing with him for about 40 minutes the investigator went
out of the room and came back with the Head of the Service, Andranik
Mirzoyan who prohibited the representative to record the interrogation
in very rude terms by telling one of his investigators (there were 5 of
them in the room) to throw his recorder into the toilet. He then did
not even wait for his order to be carried out but he himself snatched
the recorder from Tigran Yegoryan's hand and threw it into the shelf
in that room. Later, one of the investigators took it out secretly
and erased the recordings. Nevertheless, part of these recordings
are currently at Europe in Law Association's disposal.
The process of investigation of this particular case indicates the
reluctance of the Special Investigative Service to detect the electoral
violation and punish the act of crime. Instead, representatives of
this entity are engaged in unlawful processes that create obstacles
for effective investigation, put pressure on witness and indicate
protection of the potential suspect.
The Europe in Law Association and Transparency International
Anti-Corruption Centre deplore the unlawful actions of the
investigators of the Special Investigative Service and particularly
those of Andranik Mirzoyan, the Head of the Special Investigative
Service, We call on the US Embassy in Armenia to interfere and to
request assurances from the Armenian government for the security of
its citizen Narine Esmaeli.
We further call on the OSCE/ODIHR to pay special attention to the
practices of the Armenian law enforcement bodies to investigate and
detect the election-related fraud.
We finally call on the Armenian authorities to make sure that all
election-related crimes are investigated in a transparent, effective
and lawful manner and that the Armenian society is regularly updated
on their progress.
Europe in Law Association Transparency International Anticorruption
Center
From: Emil Lazarian | Ararat NewsPress