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As already known, today RA President Serzh Sargsyan proposed Military Prosecutor Gevorg Kostanyan’s candidacy for the position of the RA Prosecutor General. Why did Sargsyan’s choice end up on Kostanyan and how much is he ready to lead the Prosecutor General’ post. We had a talk on the topic with human rights activist Artur Sakunts, Chairman of Helsinki Citizens’ Assembly Vanadzor.

-Mr. Sakunts, according to you, has Serzh Sargsyan taken the right decision?

– I believe that the decision wasn’t absolutely the right one.

-Why?

– Although, whatever was the decision, overall it wouldn’t be important in terms of carrying out the political will, but if we leave it aside, in terms professional capacities the military prosecutor’s office is a part of the prosecutorial system and  the functions of the prosecutor general comprise the entire prosecutorial system, thus, it would be more appropriate to appoint one of Aghvan Hovsepyan’s deputies as the prosecutor general, who has greater experience  and a good command of the system. Particularly, Gevorg Kostanyan has no experience in the prosecutorial system. He never made distinguishing steps in terms of implementing functions of military prosecutor’s office or never introduced any quality into that field.

– Has Aghvan Hovsepyan introduced any quality into the judicial system as a Prosecutor General?

– Aghvan Hovsepyan played a crucial role in concealing the crimes of March 1 and October 27, this for sure. Aghvan Hovsepyan is also part of the political system, this is also for sure. It is also certain that he is involved in serious corruption scandals. However, he has significant experience and knows the judicial system like the back of his hand. Another important factor: Hovsepyan never sought for more than implementing political orders. During his activity years I don’t recall a case when he exceeded his powers for personal revenge.

– Does Kostanyan abuse his powers?

-In case of Kostanyan, those dangers exist. For instance, if we take Sargis Poghosyan’s case. Without court’s ruling he was taken into custody at “Nubarashen” Penitentiary based on the note of the Prosecutor General.  It was recorded in the case it was done by the instruction of the Prosecutor General. It was apparent illegality despite the fact Sargis Poghosyan appealed or   not.  Therefore, we took this issue into the criminal field, the Special Investigative Service lodged a criminal case and the Court of Appeals declared it a violation of human rights. It happened in the period, when Gevorg Kostanyan was just appointed as military prosecutor and in the meantime the same period when there was a conflict between Aghvan Hovsepyan and Gevorg Kostanyan. The latter in fact managed to use his impact on the presidential system and have it taken a decision, whereby, a legal assessment is given to the verbal instruction of the Prosecutor General.

– There is such an opinion that the Government made amendments to the RA law on NSS solely to keep NSS Chief Gorik Hakobyan in the system. However, the same wasn’t done towards keeping Hovsepyan in the system. Taking into account, not so good terms of Kostanyan-Hovsepyan, do you see any tendency between not  extending the term of Hovsepyan’s office years and  Kostanyan’s appointment for the position of the RA Prosecutor General?

– In case of Gorik Hakobyan, things are different. The Russian Federation also has quite substantial impact in the phenomenon of Gorik Hakobyan. Thus, Armenia’s NSS isn’t yet completely independent Armenian system. Our and RF’s National Security Services are closely connected: as we know Russian border troops are located in Armenia, therefore, Gorik Hakobyan’s keeping in office or his dismissal isn’t only decided by Armenia’s political powers.  As to the Prosecutor, he is far closer to the “king”.  It should also be noted that Aghvan Hovsepyan is more perceived as Robert Kocharyan’s staff member; therefore, any king wants to place his staff members in his desired positions. In this case, Gevorg Kostanyan served as such.

-So, was there an issue to get rid of Kocharyan supporting staff?

-It is my opinion, I repeat myself but one of the Prosecutor’s deputies could be appointed in terms of professionalism.

-Many find the fact of Kostanyan’s unconditional service to the Khachatryans within the framework of the criminal case over Surik Khachatryan’s son as well- grounded and express opinions that he proved his dedication to the system for which he got awarded.

– The issue here isn’t Surik Khachatryan’s person. If there was another person instead of him, who has done, or according to me, continues doing everything what Surik Khachatryan has been doing for Sargsyan, then such a patronage in relation to him will be quite understandable. There are public and non-public functions. The significance of Surik Khachatryan’s non-public functions is so great that he deserves such patronage and has such influence.

– Nonetheless, don’t you have any expectations from Kostanyan’s appointment as prosecutor?

– I believe, Kostanyan will do his utmost in terms of carrying out the political orders the best. – According to you, will Kostanyan make staff changes in the prosecutor’s office? 

– With his subjective perception, he will do so, for instance he will change Aghvan Hovsepyan’s deputies. Although, it is a big question whether they will be able to work with Kostanyan.