“Authorities are using the police for their own interests”

07/05/2006 Rafael TEIMURAZYAN

The report states that the statistics of the Armenian ombudsman’s institution shows that most of the cases of human right violations concern the police, prosecutor’s office, ministry of justice, ministry of defense and other relevant bodies. Taking into account the numerous cases of illegal arrests, jailing, illegal judgments and other violations connected with political developments L. Alaverdyan writes that this number was reduced in 2005, but this only has to do with political developments and these violations still exist. In regard to concrete cases of direct intimidation on journalists and opposition during rallies L. Alaverdyan concludes that in spite of the Constitutional provision stating that armed forces and police don’t have a right to interfere in the internal political life of the country, police officers have still been actively involved in pressuring politicians and people.

Among the facts concerning violations committed by the general prosecutor’s office the report states that on January 21, 2005, the general prosecutor’s office received a letter from a citizen writing that the “Flash” company had destroyed his legal building on Pushkin street and illegally taken this territory from him without any compensation. The ombudsman asked about this from the general prosecutor’s office on September 13, 2005, and received an answer from them on October 3, 2005 saying that in order to precede that application they had to investigate that case and find out how much the citizen had lost as a result. The prosecutor’s office investigated that case and found out that the citizen had lost 5925 AMD (1,000 dollars). After getting this application, six months later the general prosecutor’s office informed the ombudsman and citizen that the building had been collapsed with the purpose of cleaning the territory and that they couldn’t really do anything to solve the mentioned case and that the citizen could appeal to the court to get his compensation. “Since they haven’t sent any copies of decisions to stop proceeding a criminal case connected with that violation, it means that they haven’t made such decisions”, concludes L. Alaverdyan and adds that the prosecutor’s office refused to give any documents to the citizen to sue for the violation. L. Alaverdyan expressed her concerns about the cells located in the building of the national security service. “In spite of the fact that these cells are part of the RA justice ministry and are controlled by the NSS, this creates many difficulties because lawyers have to apply to the NSS in order to get permission to meet people there”, states the report. According to the former ombudsman of Armenia, in spite of the additional responsibilities given to the country and the law amendments, there are still many violations going on in the country and there is a lack of control of the civil society and transparency of the political processes. In regard to the complaints and the applications concerning the violations committed by the Justice ministry, L. Alaverdyan brings up a straightforward example connected with Chift-Cartal company. In 2004, the Chift-Cartal company applied to the ombudsman informing that they had the relevant court decision needed to get them their property (mill) back, which is located on the territory of Ararat-Lada company, but the judicial acts mandatory fulfillment department of the justice ministry didn’t do its job and later it turned out that the mentioned property disappeared from the place. According to L. Alaverdyan only after she wrote letters did the head of the mentioned body, justice colonel G. Sargsyan, make a decision to proceed the case. Later, on the basis of the ombudsman’s institution, the mentioned body sent the case to the general prosecutor’s office for investigation. “On the basis of press publications and the information of the citizen who suffered the consequences, we may assume that this violation was committed with the active participation of the RA transportation and communications minister”, states the report and adds that in ten months they found out where that property was and they informed the head of the mentioned body about that, after which the latter proceeded with the case and visited that place, registered the property along with the representatives of the ombudsman. The new owner of the mill said that he had bought it from the transport and connection minister, but even after this the case was not proceeded in a duly manner. “People simply lose their trust what with all these violations that are not punished for. These activities contradict the requirements of the RA Constitution and judicial legislation”, writes the first ombudsman. She also mentioned in her report that “many law and legal provisions are adopted, which contain corruption risks, which serve as the main reason for the systematic corruption.”