armenianow.com
25 June 2004
Abuse of Power?: Regional head maintains post despite criminal involvement
By Zhanna Alexanyan
ArmeniaNow reporter
A state official suspected of complicity or execution of five crimes,
including one that involved a murder, has continued his government post
despite personal and professional connections that could influence criminal
investigations.
Ara Poghosyan, head of the Armavir Region Real Estate Cadastre Department
was charged nine months ago with hooliganism, embezzlement, official
falsification, exceeding authority and concealment. He could face up to five
years in prison if found guilty.
Prosecutor Arshakyan says there are no obstacles to the investigation.
Paragraph 152 of the Criminal Justice Code stipulates that a state official
charged in a crime is liable to suspension during investigation ” if there
are satisfactory basis to assume that he can become an obstacle for the
investigation while staying in the position”.
In Poghosyan’s case, key witnesses in the charges against him are his
employees, and his daughter is a secretary in the office conducting the
investigation.
Poghosyan, however, has continued in his position, in which he is
responsible for assigning various licenses regarding use and sales of
property.
Numerous complaints sent by attorneys representing Gevorg Kurghinyan to the
Chief Prosecutor’s Office and administration of President Robert Kocharyan
haven’t yielded any results.
“This problem will be solved before the preliminary investigation is over.
There is a possibility we will relieve him of his post,” says prosecutor of
Armavir Region Ivan Arshakyan, “we haven’t arrested him as there is a
question of presumption of innocence. He doesn’t create obstacles for
carrying out objective investigation of the case.”
On September 2 last year, an argument between Poghosyan and Gevorg
Kurghinyan, to whom Poghosyan had granted a privatization license, turned
into a scuffle during which Poghosyan’s nephew pulled a knife on Kurghinyan.
An hour later Poghosyan summoned another meeting with Kurghinyan at a petrol
station in the village of Norapat. Poghosyan and a gang of supporters met
Kurghinyan and three of his relatives.
A fight broke out during which Poghosyan’s nephew, Artak Hakobyan, fired two
times with at submachine gun, killing Kurghinyan’s 18 year old son, and
wounding his nephew.
The murder investigation recently completed and Hakobyan’s trial has begun
in the Court Of First Instance in Armavir.
The investigation into Poghosyan’s part in the crime was expected to
conclude today.
Inessa Petrosyan, attorney for Kurghinyan, made a motion to include
Poghosyan as an accessory to the murder.
“Is a person who commits an act of hooliganism compatible with being a state
official,” asked Petrosyan, a member of the Armenian International Union of
Lawyers.
Petrosyan has argued that Poghosyan should be tried along with his nephew.
Kurghinyan (standing) speaks for his dead son.
“Poghosyan’s illegal activities became a motive and cause of the serious
crime, the murder,” Petrosyan says. “There is a question of attaching
documents on Poghosyan’s case to the main case, however the state official
continues to hold his position.”
After complaints made by Kurghinyan’s side, the Chief Prosecutor’s Office
combined the charges into one case. Several months later, when Chief
Prosecutor Aram Tamazyan was replaced, the case was again divided.
Kurghinyan’s side complains that dividing the case is an attempt by the
Chief Prosecutor’s Office to avoid bringing more serious charges against
Poghosyan.
ArmeniaNow made several attempts to reach Poghosyan, but was repeatedly told
he was not in. Vladimir Yavrumyan, attorney for Poghosyan and Hakobyan,
would not comment on his clients’ case.
The law concerning suspension of an official charged in a crime is
apparently intended to eliminate the possibility of influence or hindering
an investigation.
Kurghinyan is convinced his son’s murder investigation cannot be objectively
investigated as long as Poghosyan maintains his position.
“Ara Poghosyan’s daughter works in the same Prosecutor’s Office as a
secretary and office manager and with her help the principle of secrecy of
preliminary investigation cannot be applied,” says Kurghinyan.
The General Prosecutor’s Office confirmed that Anna Poghosyan is in fact a
secretary in the office carrying out the investigation against her father.
“I warned beforehand that nobody show her or let her see documents of the
case,” says prosecutor Arshakyan. “So she cannot have any influence on the
investigation process.”
Ara Poghosyan is also a cousin of Minister of Trade and Economic Development
Karen Chshmarityan.