VISHINSKY’S NAME-NO MORE
Haroutyun Gevorkyan

Hayoc Ashkharh
14 Sept 2007

Yesterday evening the National Assembly finished its four-day fall
session, summing up the results of the discussions on the appointment
of Prosecutor General for the term of 6 years. As a result of the
secret ballot, Aghvan Hovsepyan was appointed Prosecutor General,
having received 118 votes for and 3 votes against his candidacy. 125
people out of the total number of 131 MPs participated in the voting.

Appointed by the National Assembly for the first time after the
Constitutional Amendments, the Prosecutor General, who has twice
accepted this post by the President’s Decree, made the following
statement in his conclusive speech, "the election of the Prosecutor
by such a high percentage of votes is the best guarantee for working
independently. You carried out a historic mission today: for the
first time in its history, the Parliament of independent Armenia
elected the Prosecutor of General. All your speeches and questions
will serve for me as a guideline within the scope of performing my
functions as a Prosecutor."

Before the voting, the deputies spent the last day of the four-day
session addressing questions to Aghvan Hovsepyan.

In response to the questions of the deputies, including lawyers
and attorneys, who pointed out the imperfections of the judiciary,
the Prosecutor General informed that "No international structure
or human rights organization conducting studies in our country has
ever given conclusions with negative assessments on the activity of
our Prosecutor’s Office. In particular, they all made a positive
assessment on the adoption and application of the new law on the
Prosecutor’s Office.

It’s a great pity that in some people’s opinion our prosecutorial
system operates according to Vishinsky’s methods. This is offensive to
me and should have been offensive first of all for to the legislative
body. The representatives of the International Office of the Red Cross
visited us a week ago and expressed a great satisfaction with our
work. I announce it from this high tribunal, with all responsibility."

Touching upon the issue of the accomplishment of attorney services,
A. Hovsepyan mentioned, "Unfortunately, the functions of attorney
services are not sufficiently accomplished in our system. I really
want the Prosecutor to have worthy opponents in the court, capable of
protecting our citizens’ rights and interests to a full extent. But
when the attorney commits fraud in relation to his/her client and
swindles him/her out of money, we cannot avoid prosecuting this person
just because hi/she is an attorney."

A. Hovsepyan thoroughly introduced the scope of the competences
vested with the independent investigative body, with the purpose of
clarifying the current misunderstandings. "The press already publishes
misinformation as if this body is going to prepare the officials’
dossiers, collect information about them etc. Whereas, this particular
body will not have an operations-investigative function. Its staff
will not include inspectors and agents; no dossiers will be prepared.

Only interrogators will work there. Neither will the body be governed
by the Prosecutor General. This body will simply operate under the
Prosecutor’s direct control, the draft law about its functions being
in the process of elaboration and still subject to certain changes.

By the way, according to the requirements of the exisitng law, all
the criminal cases, regardless whether they are being investigated by
the National Security Service or the tax, customs or police system,
are also under prosecutorial control."

At the end, the Prosecutor General also answered the questions of
the journalists.

"Mr. Hovsepyan, are there new openings in connection with the murder
of the Prosecutor of Lori marz?"

"The investigative group continues its activities in Vanadzor.

Today I have signed a decree on conducting a service investigation. I
deem it necessary to underline that we presently have no appeal on
committing illegal actions against the witnesses. I have assigned
a service investigation only with the purpose of verifying the
information published in the press.

I would also like you to take into consideration the fact that there
are certain people and groups for whom the disclosure of the crime
is not advantageous."

"Would you clarify who prevents the murder of the Prosecutor of Lori
marz from being disclosed?"

"Simply, any effect has its counter-effect. Some people want to create
an impression as if the investigative group wants to interrogate
everybody in Vanadzor, and they catch people in the street with that
purpose. This is absolutely wrong. The interrogated are only those
people whose testimony is necessary."