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URGENT: 102ND MILITARY BASE PROTECTING PERMYAKOV WITH BREACH OF AGREEMENT
Lragir.am
Law - 13 January 2015, 21:36
The citizen of the Russian federation and serviceman Valery Permyakov
is suspected of murder of six people in Gyumri on January 12. The
latter was caught by the Russian border guards while attempting to
cross the Armenian-Turkish border in the morning of January 13.
Charges facing Permyakov
In fact, Permyakov is suspected of 3 crimes:
1. Deserting from the military unit with weapon: Russian jurisdiction;
2. Murders: Armenian jurisdiction;
3. Illicitly state border crossing: under Armenian jurisdiction,
incomplete crime.
Jurisdiction
"Article 4 of the Agreement on Matters of Jurisdiction and Mutual
Legal Assistance Relating to the Russian Military Base Stationed
in the Territory of the Republic of Armenia" states that cases of
crimes committed by persons included in the Russian military base
in the territory of the Republic of Armenia shall be investigated by
the RA legal bodies, and the Armenian legislation shall be applied.
In other words, the Armenian law enforcement bodies were to deal with
the second and third charges brought on Permyakov.
It is known that the Russian authorities, referring to Article 61 of
the Russian Constitution, claim that the Russian citizen who is held
by the Russian law enforcement bodies cannot be handed to another
state. And Permyakov is in the Russian military base, hence he cannot
be handed to any other state.
However, the Russian border guards did not have the right to transfer
Permyakov to the military base. The latter had to call the bodyguards
of the Armenian National Security Service and hand Permyakov to them
as they did in the case of all other illicit border crossings because
this is what Article 7 of the mentioned agreement states.
In this case, however, breaching the applicable legislation and
international agreements, the Russian military failed to hand the
border crosser to the NSS and took him to the Russian 102nd military
base instead, which is already the "Russian jurisdiction".
It should be noted that Article 6 of this agreement which states that
transfer of investigation of crimes committed by Russian servicemen
under the Armenian jurisdiction is possible through mutual agreement
of the Armenian and Russian law enforcement bodies only has also
been breached.
Paradox
Hence, the person who is suspected of killing six people in the
territory of the Republic of Armenia and the Armenian state border
crossing is not handed to the Armenian law enforcement bodies. As
a legal consequence, he avoids prosecution in Armenia under the
criminal legislation.
In other words, the Russian 102nd military base stationed in Gyumri
defends the person suspected of two crimes from the Armenian law
enforcement bodies and possible responsibility in Armenia.
Union of Aware Citizens NGO
http://www.lragir.am/index/eng/0/right/view/33410#sthash.aqS62tFC.dpuf
From: Baghdasarian
Lragir.am
Law - 13 January 2015, 21:36
The citizen of the Russian federation and serviceman Valery Permyakov
is suspected of murder of six people in Gyumri on January 12. The
latter was caught by the Russian border guards while attempting to
cross the Armenian-Turkish border in the morning of January 13.
Charges facing Permyakov
In fact, Permyakov is suspected of 3 crimes:
1. Deserting from the military unit with weapon: Russian jurisdiction;
2. Murders: Armenian jurisdiction;
3. Illicitly state border crossing: under Armenian jurisdiction,
incomplete crime.
Jurisdiction
"Article 4 of the Agreement on Matters of Jurisdiction and Mutual
Legal Assistance Relating to the Russian Military Base Stationed
in the Territory of the Republic of Armenia" states that cases of
crimes committed by persons included in the Russian military base
in the territory of the Republic of Armenia shall be investigated by
the RA legal bodies, and the Armenian legislation shall be applied.
In other words, the Armenian law enforcement bodies were to deal with
the second and third charges brought on Permyakov.
It is known that the Russian authorities, referring to Article 61 of
the Russian Constitution, claim that the Russian citizen who is held
by the Russian law enforcement bodies cannot be handed to another
state. And Permyakov is in the Russian military base, hence he cannot
be handed to any other state.
However, the Russian border guards did not have the right to transfer
Permyakov to the military base. The latter had to call the bodyguards
of the Armenian National Security Service and hand Permyakov to them
as they did in the case of all other illicit border crossings because
this is what Article 7 of the mentioned agreement states.
In this case, however, breaching the applicable legislation and
international agreements, the Russian military failed to hand the
border crosser to the NSS and took him to the Russian 102nd military
base instead, which is already the "Russian jurisdiction".
It should be noted that Article 6 of this agreement which states that
transfer of investigation of crimes committed by Russian servicemen
under the Armenian jurisdiction is possible through mutual agreement
of the Armenian and Russian law enforcement bodies only has also
been breached.
Paradox
Hence, the person who is suspected of killing six people in the
territory of the Republic of Armenia and the Armenian state border
crossing is not handed to the Armenian law enforcement bodies. As
a legal consequence, he avoids prosecution in Armenia under the
criminal legislation.
In other words, the Russian 102nd military base stationed in Gyumri
defends the person suspected of two crimes from the Armenian law
enforcement bodies and possible responsibility in Armenia.
Union of Aware Citizens NGO
http://www.lragir.am/index/eng/0/right/view/33410#sthash.aqS62tFC.dpuf
From: Baghdasarian