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Today, on December 13, 2017, HCA Vanadzor has sent a report on crime to the RA Prosecutor’s Office by post in regard to initiating a criminal case against Serzh Sargsyan in the matter of his statements at the forum on local self-government and territorial administration authorities.

The report on crime is presented below in its entirety.

To Prosecutor General of the Republic of Armenia

Arthur Davtyan

         Dear Mr. Prosecutor General,

On December 9, 2017 the video titled “Serzh Sargsyan’s speech at the forum on local self-government and territorial administration authorities” was publicized on the website www.president.am.

In the publicized video the RA President Serzh Sargsyan mentioned in his speech at the forum on local self-government and territorial administration authorities, “It is not a secret that many community leaders abuse their position and use it to obtain incomprehensible and unacceptable incomes, starting from alienating lands belonging to the communities by trickery and different means and treating the community budgets dishonestly.” Following this, Serzh Sargsyan added, “We have been very forgiving to the community leaders. We have been forgiving as we believed that they had to establish themselves, the system had to establish itself and during this period some negative manifestations are possible. I would like to warn all of you, not to scare you, just to warn you that if anyone needs to practice these things, they had better go and work in a different place. We are not ready to see how some of you are taking the money of our population to your homes. It’s a shame!”

Thus, Serzh Sargsyan is admitting that he is aware of the crimes conducted by the community leaders, which, however, have been concealed deliberately and not been subjected to legal assessment, which at least contains the elements of the crimes under the following articles of the RA Criminal Code:

Abuse of official authority or duties by a state official for mercenary interests, personal, other interests or group interests, which caused essential damage to the legal interests of citizens, organizations, public or state rights (in case of property loss, the amount (value) exceeding 300 minimal salaries)  

Deliberate failure by officials, who are obliged by legislative acts to prevent the arbitrary seizure of state or community-owned land, the unauthorized construction of buildings and structures and the arbitrary occupation of land plots, to take measures to prevent the arbitrary construction of buildings and structures, as well as deliberate failure to apply administrative liability as prescribed by the Code of Administrative Offenses against persons who seized land arbitrarily and implemented or were in the process of implementing arbitrary construction,

Concealment of a grave or a particularly grave crime, as well as tools and means of the crime, crime traces or criminally acquired items, which had not been previously promised, if the elements of the crime under Article 3341 of this Code are absent,

Failure to report a surely known grave or particularly grave crime

Then, Serzh Sargsyan emphasized, “And, after New Year, even if you are a governor, a deputy or a person close to me, please do not plead me to forgive any community leader in such cases.”

Under Article 135 of the RA Constitution, the RA President has the authority to grant forgiveness to convicts only. Yet, it turns out that up to now Serzh Sargsyan has forgiven the actions of the officials who did not stand trials. Criminal cases have not been initiated and no investigation has been carried out. This means that, as a result of the aforementioned action of the RA President, the law enforcement bodies have not fulfilled their obligations set out in the RA Constitution; the crimes have not been investigated, the cases have not been brought to court, and the actions of the community leaders have remained unpunished. The aforementioned contains the elements of the crimes envisaged in the following articles of the RA Criminal Code:

Taking bribes by a state official, personally or through a proxy, in the form of money, property right, securities or other property benefits, for implementation or not implementation of actions within his authority, in favor of the briber or briber’s representative, by using official position, to commit or not to commit such actions for permission, service favoring or connivance.

Jobbing of real or imaginary influence by a state official or a public servant who is not a state official for mercenary interests, personal, other interests or group interests, personally or through a proxy, in the form of money, property right, securities or other property benefits, accepting the promise or the offer to receive these, in favor of a legal or physical person, by using official position, to commit or not to commit such actions for permission, service favoring or connivance.

Then, Serzh Sargsyan mentioned in his speech, “I understand it very well that the community leaders think that tomorrow or the day after tomorrow there will be elections, maybe some issues and so forth. Believe me, when we show weakness, and so to speak, do a few of them a favor, we do not want to force them to pay their taxes. Apart from all, it has a negative influence on the elections as the others see that there is injustice.” Serzh Sargsyan is admitting here that in order not to lose votes during the elections he and his administration have turned a blind eye to the taxes not being paid. However, the RA Constitution does not grant the President this authority. Moreover, under Article 28 of the RA Constitution, everyone is equal before the law. However, it becomes clear from Serzh Sargsyan’s speech that some citizens of the RA have been allowed not to pay taxes in return for votes for the authorities during the elections.

Thus, on the basis of the above mentioned, I am applying to you with the following demands/claims:

1. To initiate a criminal case against the RA President Serzh Sargsyan for the abuse of official authority, concealment of grave crimes and favoring,
2. To carry out studies and legal assessment of the actions of the community leaders for the whole period of President Serzh Sargsyan’s tenure in those communities, the leaders of which were present at the forum on local self-government and territorial administration authorities that took place on December 9, 2017,
3. To identify those who have been mediators in the above mentioned cases to forgive the community leaders, initiate criminal cases against them and hold them liable,
4. If the information included in the video publicized on the website www.president.am on December 9, 2017 is not proven, to initiate a case against Serzh Sargsyan pursuant to Article 333 of the RA Criminal Code on the grounds of false crime reporting.

Sincerely,

          Chairperson of the Organization: Artur Sakunts