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HCA Vanadzor applied to the RA Prosecutor General’s Office in connection with transferring the preliminary investigation of the criminal case initiated with respect to the Iranian detainees in Nubarashen Penitentiary Institution opening the doors of six cells of the penitentiary institution on April 25, 2018 to the RA Special Investigation Service.

In accordance with the publication made on Aravot.am on April 27, the Iranian detainees had isolated the penitentiary institution officer, seized the keys and opened the doors of the cells of the members of the group “Sasna Tsrer.” They urged them to go out of the cells; however, the members did not heed the call, avoiding potential provocation.

On April 27, two days after the incident, HCA Vanadzor submitted a crime report, in which the Organization also suggested confiscating the footage of the filming equipment of the building. On May 7, 2018, Gor Abrahamyan, Advisor to the RA Prosecutor General, reported that a criminal case was initiated under Article 34-355 § 2 (1) of the RA Criminal Code on April 25 and was sent to the RA Investigative Committee for preliminary investigation.

In a letter of May 8, 2018, which was addressed to RA Prosecutor General A. Davtyan, we mentioned that, in the framework of the criminal case initiated, a legal assessment should be given to the actions of the penitentiary institution officers, and, in that case, Special Investigation Service investigators conduct investigation.

A penitentiary institution officer is a person performing special public service, and the preliminary investigation of crimes committed in complicity with them on account of their official position or the preliminary examination of crimes committed by them is conducted by investigators of the Special Investigation Service. Therefore, in the given case, the preliminary investigation had to be conducted by investigators of the Special Investigation Service and not those of the Investigative Committee.

Under the RA Criminal Procedure Code, the RA Prosecutor General can take criminal cases from the proceedings being conducted by investigators of other bodies and transfer them to investigators of the Special Investigation Service if those cases refer to the crimes committed in complicity with officials or by those officials, or if those persons have been declared as victims in the case. Any other criminal case can also be transferred to investigators of the Special Investigation Service if, on account of its factual circumstances, there is a need to guarantee a comprehensive, full and objective investigation.

In response to the application of HCA Vanadzor on transferring the investigation of the criminal case to the RA Special Investigation Service, A. Barseghyan, representative of the RA Prosecutor General’s Office, wrote in a note dated May 17, 2018, “In the case of obtaining sufficient factual evidence of crimes committed in complicity with persons performing special public service on account of their official position or of crimes committed by them”, the issue of transferring the case to the SIS will be discussed.