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Violations Of The Armenian-Russian Agreements By The Russian Forces

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  • Violations Of The Armenian-Russian Agreements By The Russian Forces

    VIOLATIONS OF THE ARMENIAN-RUSSIAN AGREEMENTS BY THE RUSSIAN FORCES IN ARMENIA (PART 1)

    09-02-2015 11:31:05 | Armenia | Politics

    On January 12, 2015, the Avetisyan family were massacred in the
    Armenian city of Gyumri. Valery Permyakov, a Russian tanker of the
    102nd military base in Gyumri, was suspected in this murder from the
    very first moment.

    Russian border guards caught Valery Permyakov near Bayandur village in
    Shirak region during the night of January 13. They transferred him to
    the Russian 102nd military base, and afterwards it was announced that
    the case of Permyakov will be considered by Russian law enforcement
    bodies and by the court of the Russian Federation.

    The question is whether the actions of Russian border troops and
    military forces in Armenia have conformed with Armenian-Russian
    agreements.

    Quest with arms It is known that the Russian military armed with guns
    took part in the search for Permyakov in Gyumri on January 12.

    According to Article 13 of the "Agreement between the Government of
    the Russian Federation and the Government of the Republic of Armenia
    on organizing daily activities and garrison service of the Russian
    Federation's military units outside the territory of the Russian
    military base in Armenia", the Russian soldiers in fact may participate
    in operational search activities during the search of servicemen of
    the Russian Federation who deserted the Russian military base.

    However, the second article of the "Agreement between the Russian
    Federation and the Republic of Armenia on the usage of military weapons
    by the soldiers of the Russian military base outside the territory
    of the Russian military base in Armenia" clearly lists all the cases
    in which it is possible to give out, carry and use weapons.

    However, these cases do not include implementation of operational
    search activities related to the quest after the deserter.

    Under the jurisdiction of RA Article four of the "Agreement between
    the Russian Federation and the Republic of Armenia on jurisdiction
    and mutual legal assistance in cases related to the presence of
    Russian military base on the territory of the Republic of Armenia
    " states that "In cases of crimes and other offenses committed in
    the territory of the Republic of Armenia by members of the Russian
    military base and by family members of those persons, the legislation
    of the Republic of Armenia is applied, and the case is investigated
    by RA competent authorities."

    This means that the case of the Russian soldier (as well as Permyakov
    himself) accused of the murder of seven people in Armenia (outside the
    military base) should be transferred to the Armenian law enforcement
    bodies.

    There was no attempt to cross the border Article 3 of the "Agreement
    between the Russian Federation and the Republic of Armenia on the
    status of the Border Troops of the Russian Federation on the territory
    of the Republic of Armenia, and the conditions of their functioning"
    clearly defines that "border troops of the Russian Federation are
    not involved in activities other than the protection of the borders
    with Turkey and Iran (with the exception of works on liquidation of
    natural disasters, accidents and catastrophes)."

    Although the Russian side stated that Valery Permyakov was caught while
    trying to cross the border illegally, this statement is quite doubtful.

    According to the legislation of the Republic of Armenia (Article 329
    of the RA Criminal Code), illegal violation of the Armenian border
    is a crime, and unfinished crime (attempted crime) is also an offense
    (Chapter 6 of the Criminal Code of the Republic of Armenia). That is,
    a criminal case against Permyakov for attempting to illegally cross
    the state border was supposed to be opened.

    However, despite the fact that a month has already passed since this
    event, a case has not been opened by the Armenian or the Russian
    law enforcement bodies, which indicates that Permyakov did not make
    an attempt to cross the border. If there was no attempt to cross
    the border, then it may be noted that the Russian border guards
    were engaged in actions that do not concern the protection of the
    Armenian-Turkish border.

    Should have been transferred to the RA law enforcement bodies Article 5
    of the same agreement on the Russian border troops in Armenia states
    that Russian border guards carry out operational law enforcement
    activities according to the criminal code and criminal procedure
    legislation of Armenia.

    This means that the people caught by border guards, as well as proofs
    and materials found by them must be transferred to the relevant
    authorities of the Republic of Armenia. However, Russian border guards
    escorted Permyakov to the 102nd Russian military base and handed him
    to the commander of this military base.

    Movement only by agreement In the first part of Article 25 of the
    same treaty on the Russian border troops in Armenia, it is stated that
    "movement, exercises and maneuvers of the Border Troops of the Russian
    Federation outside their areas of deployment are carried out on the
    basis of plans agreed with the state authorities of the Republic
    of Armenia."

    However, during the night of the 12th to 13th January, border guards
    of the Russian Federation did not coordinate their movement from the
    village Bayandur to Gyumri with the relevant authorities of Armenia
    (while transporting Permyakov).

    Soon we will present other episodes of violation of the treaties and
    agreements on the part of Russian security forces in the territory
    of Armenia. These episodes are related both to the recent events,
    and also to other known and unknown incidents.

    "Union of Informed Citizens" NGO

    - Politics News from Armenia and Diaspora - Noyan Tapan

    - See more at: http://www.nt.am/en/news/202073/#sthash.h6B7g56R.dpuf

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