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Businessman and Politician Victor Darbinyan told “Hetq” how medium and large scale businessmen are put into financial dependence by “higher-ranking” law-enforcement officers of the region.  V. Darbinyan told it on his example, presenting episode by episode how the legal system works toward the “disobedient”.

He was considering a direct consequence of his “disobedience” the ‘illegal’ checkups in his own parking lot, as well as the arrest of his son for hooliganism. “Hetq” has addressed those instances in separate articles. 

Following “Hetq” articles, Helsinki Citizens’ Assembly Vanadzor (HCAV) has sent an inquiry to the Lori Region Prosecutor Karen Sahbazyan and has received an interesting answer. 

Particularly, in the first inquiry addressed to the Prosecutor, HCAV requested information about the checkups carried out in the parking lot belonging to V. Darbinyan (the employees of the parking lot had told “Hetq” that the checkups were ordered by the Prosecutor). The Region Prosecutor informed in a note that the complaints received from the residents of Vanadzor revealed that different individuals have demanded and received fines for parking cars in the area along Garegin Nzhdeh and Myasnikyan streets.

“On that occasion it is necessary to find out, by whom and on what grounds the money is collected, where it is recorded, on what grounds, regulations and who it belongs to,’ is said in  the Prosecutor’s reply.

K. Shahbazyan ordered S. Avetisyan, Head of the Vanadzor Police Department, to prepare the materials and report on the progress to the supervising Prosecutor.

HCAV sent the second inquiry to the Region Prosecutor, requesting information about how the citizens’ complaints concerning parking in the lot had been received. It also requested the copies of complaints. HCAV also inquired about the RA legal norm allowing the Prosecutor to send a written order to the Police Head. The Region Prosecutor answered with the following note. “Although the Prosecutor’s office is not responsible for clarifying laws, nevertheless, to avoid further correspondence and to save time, I will clarify that the Prosecutor’s office receives complaints, claims, information and reports through receptions, meetings, telephone calls and various means, which can be both oral and written.”

As prescribed by the RA Criminal Procedure Code, the Prosecutor is obligated to check any information about a crime, its consequences and material evidences discovered while performing his duties, and if the suspicions have been grounded, initiate a criminal case. By the way, the checkups and the preparation of the materials are done through investigation and preliminary investigation bodies.

As to providing documents over an issue or a criminal case, then I will clarify once again that according to RA Criminal Procedure Code, they can be provided to persons holding a juridical status and not to any interested party.

The stated answer was followed by HCAV’s subsequent note to the Prosecutor, with the following content.  “You have informed the Head of Vanadzor Police Department that the
Lori Region Prosecutor has revealed from the complaints circulating among Vanadzor residents that different individuals have demanded and received money for parking cars… We requested information on how the complaints from residents were recorded in the Lori Region Prosecutor’s Office, whether there are reports, complaints, claims about a crime, and if yes, we requested their copies. At the same time, we asked to inform us about the legal norm allowing your order to the Police Head.”

In response we received your note where you inform us that the Lori region Prosecutor’s office receives complaints, claims, information and reports through receptions, meetings, telephone calls and other means, both in oral and written forms.

The organization was not asking how information about crimes is reported to the Prosecutor in general, but how the specific information was received about the specific case. And what legal norm determines the clearly noted request to the Head of the Police.

As to the authorizations of the Prosecutor mentioned by you, if Prosecutor “…is obligated to check any information about a crime, and if the suspicions have been grounded, initiate a criminal case,” then the legal interpretation provided by you is not applicable in this case. It derives from the 3-rd part of article 176 of the RA Criminal Procedure Code, pursuant to which, the reasons for initiating a criminal case is information about a crime, material evidence and consequences of a crime discovered by the investigation body, investigator, prosecutor, court, and judge while performing their duties.

The mentioned norm does not authorize giving instructions to the Head of the Police, but lists the reasons for initiating a criminal case.

As to the last paragraph of your note stating, “documents about an issue or a criminal case can be provided to persons holding a juridical status and not to any interested party,” then the “any interested party” is any RA citizen who, irrespective of the place of residence, social status, property, political and religious beliefs and official position, is the head of the RA Government. The RA Government belongs to the people according to Article 2 of the RA Constitution.
The “any interested party” is the RA citizen, who pays the taxes forming the state budget, which allocates resources necessary for the activity of all government bodies, including the Prosecutor’s office, consequently any official is obligated to respect any RA citizen.”
Helsinki Citizens’ Assembly Vanadzor sent this last note to Karen Shahbazyan, the Lori Region Prosecutor on September 15, 2011.

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