GEVORG KOSTANIAN: LAW ON INVESTIGATION ACTIVITY HAS SUFFICIENT GUARANTEES FOR DEFENDING A PERSON FROM ARBITRARY INTERVENTIONS
Noyan Tapan
Oct 29 2007
YEREVAN, OCTOBER 29, NOYAN TAPAN. The RA law On Investigation Activity
has sufficient guarantees and restraining mechanisms for defending a
person from arbitrary interventions. Gevorg Kostanian, the RA Deputy
Minister of Justice, a representative of the RA government in the
European Court, stated during his October 29 meeting with journalists.
According to the law having passed second reading lately, a subject
carrying out investigation activity should motivate the necessity of
holding a concrete measure, measures that suppose direct intervention
in exercising the most important human rights will be carried
out exclusively on the basis of courts’ decisions. Among such
measures G. Kostanian mentioned internal monitoring, control over
correspondence, postal or other reports, telephone talks, ensuring
accessibility of financial data, secret control over financial deals,
imitation of giving and receiving a bribe, and external monitoring.
Overhearing a telephone conversation can be done only in case a person
is suspected of committing a grave and especially grave crime. In case
not holding an investigation measure can seriously endanger national
security, can cause serious state, public and environmental events and
actions, it can be held until making a decision by the court, however,
even in this case an investigation body is obliged to apply to the
court to receive its permission within 48 hours. If it is refused by
the court, the obtained data are to be liquidated and the overhearing
of telephone talks is to be stopped.
The investigation action of imitation of receiving-giving a bribe
will be used for the first time by the law.
Unless the obtained proof has resulted in institution of a criminal
case, continuing criminal prosecution or passing a sentence of "guilty"
to a person, a person has the right to demand that information about
him be completely liquidated.
The Deputy Minister of Justice said that only control over telephone
talks, correspondence and other reports were regulated by the law
formerly. While the new law regulates 16 investigation measures.
From: Emil Lazarian | Ararat NewsPress
