Criminal persecution based on false statement as a means of pressure on persons reporting crime
15:49, August 31, 2017 | News, Own news
The analysis of the legal practice shows that in recent years the Republic of Armenia has seen a considerable growth in the number of criminal cases initiated based on false statement.
The number of the criminal cases initiated on such basis in 2016 reached 44 by growing twice as compared to this number in 2015. The year of 2017 also saw a rapid growth. As of June 12, this number already reached 36.
In many cases, after getting a crime report, the body responsible for proceedings based on the materials prepared on the report, initiated a criminal case on false statement.
Statistical data show that 35% of the criminal cases based on false statement were initiated within another criminal case.
In 2016, the RA legislation broadened the scope of initiating criminal cases on false statement by stipulating criminal liability for a false statement about voting of one person instead of another or attaching to an application a statement with a false signature as prescribed in Article 154.8, RA Criminal Procedure Code.
Criminalization of such acts leads to obstructing submission by citizens of possible crime reports to the competent bodies and also has an impact of psychological pressure on those who report alleged violations.
The state’s legal approach does not meet the basic norms and principles of the international human rights law and requirements of criminal law. The study and analysis of the criminal cases initiated under the article of false statement obviously shows gaps and problems in law-enforcement practice based on which one can conclude that the said legal gaps also risk the application of Article 154.8 of the RA Criminal Procedure Code.
Taking into account the cases initiated against human rights activists based on false statement, there are well-grounded arguments that the legal regulations on initiating criminal cases based on false statements should be reviewed thoroughly so that they are not applied as a means of criminal prosecution against effective investigation of and combat against violations of human rights as well as corruption offences following citizens’ crime reports.
For full analysis in Armenian see HERE
The full report on the topic will be published by HCA Vanadzor later.