RA PROSECUTOR GENERAL EXPRESSES HIS CONSIDERATIONS OVER SOME QUESTIONS VOICED BY THOMAS HAMMARBERG
Noyan Tapan
Nov 27, 2008
YEREVAN, NOVEMBER 27, NOYAN TAPAN. As RA Prosecutor General Aghvan
Hovsepian affirmed, some estimations voiced by Council of Europe
Commissioner for Human Rights Thomas Hammarberg at the November 22
press conference in Yerevan on the basis of incomplete information on
a number of questions indirectly contribute to deepening of a number
of vicious phenomena, do not contribute to formation of an atmosphere
of confidence and administration of justice. According to the official
report of the RA Prosecutor General’s Office, Aghvan Hovsepian said
this at the meeting with Council of Europe Secretary General’s Special
Representative Silvia Zehe held on November 25 in Armenia.
In particular, the RA Prosecutor General expressed bewilderment that
T. Hammarberg voiced estimations on the validity of the accusations
brought to people being under preliminary arrest at present without
being acquainted with the evidence and materials of the criminal
case. The Prosecutor General noted that some thoughts expressed by
T. Hammarberg can be estimated as a tendency of even if indirectly
supporting the phenomenon of giving wrong, false testimony by witnesses
on the criminal case.
During the meeting A. Hovsepian said that, in particular, defendants,
their relatives and supporters have repeatedly made attempts to exert
pressure upon the witnesses on criminal cases on the March 1-2 mass
disorders examined at courts making the latters give testimony in
favor of the defendants. Moreover, psychological pressures are exerted,
even physical violence is used to a defendant repenting of the crime
committed by him and to his relatives, threats are addressed to the
court and prosecutors during court sittings. Nevertheless, only one
criminal case on giving false testimony by a witness at the court has
been filed so far: the witness stated during the court sitting that he
had not written and signed under the testimony attached to the criminal
case, that is, the investigator had created false evidence. A signature
expertise was fixed within the framework of the filed criminal case,
the conclusion of which confirmed that interrogation’s protocol had
been signed by the witness personally and was not forged, therefore,
as a result of the preliminary investigation it was decided to bring
an accusation to the witness of giving false testimony at the court.
Another criminal case has been instituted for exerting pressure upon a
witness to incite him to give false testimony, on the basis of witness’
written report.
In connection with T. Hammarberg’s advice of using the services of
international trace experts to find out the death circumstances
of 10 people who died in consequence of the March 1-2 events the
Prosecutor General said that starting March 2008 the Prosecutor’s
Office has sent letters to heads of UN and OSCE Yerevan Offices and
Council of Europe Commissioner for Human Rights Thomas Hammarberg,
the Embassy of the U.S. in Armenia with the request to provide proper
international specialists and experts for the purpose of clearing
up concrete circumstances, carrying out concrete expertises, but
no criminological, trace expertise specialist has been provided,
Armenia had even expressed readiness to send the proper materials to
some expert center for expertise abroad, which the above mentioned
authoritative international structures would advise.
The RA Prosecutor General reiterated that the investigation body
indeed needs international experts in the issue of clearing up some
circumstances, if trace experts from abroad are able to help the
investigation to find out, in particular, exactly of which policeman’s
special means the three civil persons died, Armenia is ready to invite
them covering all financial expenditures of that trip.