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NGOS ISSUE STATEMENT REGARDING NUMEROUS CASES OF ELECTORAL FRAUD THEY WITNESSED
http://hetq.am/eng/news/24130/ngos-issue-statement-regarding-numerous-cases-of-electoral-fraud-they-witnessed.html
16:10, March 5, 2013
On February 18 2013, Armenia held presidential elections that were
accompanied with gross violations reported by a numerous organizations
and individuals.
In this respect, the 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 NGO Europe in Law Association
conducted an observation mission in 14 polling stations in constituency
#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 journalis,t 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. Not
waiting for his own order to be carried out, Mirzoya 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 intervene 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: Baghdasarian
http://hetq.am/eng/news/24130/ngos-issue-statement-regarding-numerous-cases-of-electoral-fraud-they-witnessed.html
16:10, March 5, 2013
On February 18 2013, Armenia held presidential elections that were
accompanied with gross violations reported by a numerous organizations
and individuals.
In this respect, the 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 NGO Europe in Law Association
conducted an observation mission in 14 polling stations in constituency
#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 journalis,t 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. Not
waiting for his own order to be carried out, Mirzoya 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 intervene 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: Baghdasarian