Report on a Criminal Case against the Deputy Prosecutor General and the Head of the “Nubarashen” Penitentiary Facility

On December 10, 2010, Avetik Ishkhanyan, Artur Sakunts, and Arman Danielyan, members of the Public Monitoring Group in the Penitentiary Facilities of RA Ministry of Justice presented an application to bring a criminal case against the RA Court of Common Jurisdiction of Kentron and Norq-Marash Communties of Yerevan.

On September 2, 2010, members of the Public Monitoring Group visited “Nubarashen” Penitentiary Facility.  According to reports, it was discovered that RA citizen, Sargis Manuk Poghosyan, was detained in “Nubarashen” Penitentiary Facility, without grounds, from August 5, 2010 until September 1, 2010.

Sargis Poghosyan is accused of aiding crimes in the United States Banking System.

On September 3, 2010, the Public Monitoring Group of Penitentiary Facilities of RA Ministry of Justice, turned to the RA Prosecutor General informing them of the crime and asking them to carry out corresponding measures regarding the circumstances.

On September 11, 2010 a letter was received by Y. Avagyan, the Deputy Head of the International-Legal Affairs of the RA Prosecutor General's Office, in response to the application sent by the Public Monitoring Group in Penitentiary Facilities of RA Ministry of Justice. It stated that the RA Prosecutor General's Office did not take appropriate measures to bring forth a case on the crime as stated by proper procedure of law. 

Anticipating that the RA Prosecutor General's Office should bring a criminal case against the head of “Nubarashen” Penitentiary Facility and the Deputy Prosecutor General, on October 19, 2010, the applicants presented a statement to the RA General Prosecutor on “crime on illegally detaining a person and illegally keeping him/her under arrest”. The applicants also required to bring a case on the presented statement according to Articles 180-181 of the RA Criminal Procedural Code and to let them know about the decision made, according to Articles 181-182 of the RA Criminal Procedural Code.

However, on November 11, 2010 a response was given to the statement of the applicants by the signature of the Head of the International Legal Affairs of the RA General Prosecutor, which had the same contents as the response letter received on September 11, 2010. The contents of the mentioned letter did not refer to the arguments and grounds of the statement given by the applicants.     

In fact, with his inaction, the RA Prosecutor General has not only violated the procedure of addressing crime reports as prescribed by RA Criminal Procedural Code, but also with his position, has shown an disingenuous attitude towards reports made by Human Rights Organizations.

Hence, the Human Rights Organizations, according to the report made by the applicants, have turned to the RA Court of Common Jurisdiction of Kentron and Norq-Marash Communties of Yerevan to require the Prosecutor General to start a criminal investigation against the Deputy Prosecutor General and the Head of “Nubarashen” Penitentiary Facility.