There are no corruption risks in the Gegharkunik Marz Prosecutor’s Office. Marz Prosecutor Rafael Yeritsyan is convinced of this. Iravaban.net conducted an interview within the framework of the “Prosecutors of Armenia” series, the prosecutor notes that today, fortunately, they talk not about eliminating such risks, but about preventing their occurrence, for which daily control is carried out both vertically and from top to bottom: with parallel vectors.
– Mr. Yeritsyan, you have been holding the position of Gegharkunik Marz Prosecutor since 2018. What are the peculiarities of the region in terms of crime, what typical problems would you point?
– Gegharkunik marz is generally not different from other marzes in terms of crime. However, there are certain realities typical for the marz, which have a certain impact on the dynamics of certain types of crimes. First, Lake Sevan occupies about 1/4 of the marz. Due to this, also for social reasons, fishing is typical of the marz. In this regard, the cases of illegal fishing are also more frequent, against which different state bodies are jointly fighting. Second, the population of the marz is traditionally somewhat more inclined to work abroad. As a result, the fact that many private homes remain closed for a long time creates favorable conditions for burglary.
– Mr. Yeritsyan, how did the year end due to the state of crime? What is the situation in the region and what is the picture in terms of the number of crimes and the detection rate compared to the previous year?
– In 2021, the total number of crimes registered in Gegharkunik region has increased by 20.8% or 215 cases compared to the previous year (1250 cases in 2021, and 1035 cases in 2020).
It is noteworthy that the increase was due to moderate crimes by 28.7%, while the cases of serious and particularly serious crimes decreased by 5.2% and 75%, respectively. Moreover, the cases registered with the use of firearms have decreased by 100%. In 2021 no such case was registered, while in 2020 8 cases were registered.
As for the detection indicators, out of 1672 crimes in the case and materials, 1009 were revealed. That is, the disclosure was 60.3% against 58.5% in 2020.
I should mention that there has been an increase mainly in cases of firearms and ammunition, drug trafficking, including drug sales, theft of personal property, as well as bribery, giving or taking bribe, and at the same time decreased due to negligence in violating the Traffic rules causing damage to health, including deaths and burglaries. In this regard, it should be emphasized that the work done is the result of the prosecutorial control and judicial management carried out by the regional prosecutor’s office in the fight against crime, as well as the coordinated work of the regional law enforcement bodies.
For example, in 2021 In order to ensure the fullness and objectivity of the investigations in order to fully reveal the crimes and give criminal assessments, the prosecutors of the regional prosecutor’s office gave 89 instructions to the investigative and preliminary investigation bodies to carry out specific investigative and judicial actions. It is about 50% more compared with 2020.
In cases when, within the framework of prosecutorial control, there are problems related to the legality of the proceedings, the lack of sufficient measures for a comprehensive, complete and objective investigation of the circumstances of the case, the prosecutors make judicial decisions that disrupt the proceedings. In particular, in 2021, prosecutors overturned 30 decisions of the body conducting the proceedings to reject the initiation of a criminal case, while in 2020 there were 11 such cases. Or, compared to 2020, the prosecutor’s office’s prosecutors overturned 80.1% more decisions to terminate the proceedings and 84.9% more to suspend the proceedings. This means that prosecutors are not passive participants in the trial and have a substantive influence on the full disclosure of crimes in the exercise of their functions.
– Last year, there was an increase in the number of murders and attempted murders in the country. What is the dynamics in the marz in this regard and what factors contributed to it? Are you especially satisfied with the work of operative bodies in terms of prevention and detection of such crimes?
– I must mention that in 2021 no murder was registered in the region during while during the previous year, 5 murders were registered. The same result was recorded in the cases of attempted murder. The number of cases of intentional damage to health also decreased by 3.4%. Such dynamics, of course, is the result of the purposeful work of the operative bodies in terms of crime prevention and detection, as in the cases of murder and attempted murder registered last year, the operative bodies carried out really large-scale operative-investigative measures, at the same time Investigative and judicial actions, as well as active measures of influence aimed at that result were used by the Prosecutor’s Office. Practice also suggests that prophylactic, preventive work, first and foremost visible to criminals, always give positive results. And our task will be to maintain the result by all possible means.
– More than a year has passed since the Gavar shootings and the ensuing mass riots. The criminal case has been in court since 8 January, 2021, but for months no court session has been held on this case. What measures does the Prosecutor’s Office take to ensure the normal course of the case?
– The preliminary investigation of the initiated criminal cases was carried out in the Central Investigation Department of especially important cases of the RA Investigation Committee. In other words, the Gegharkunik Regional Prosecutor’s Office does not supervise and manage the cases, as well as defend the accusation. However, I must point out that the prosecutor’s office, realizing the workload of the courts, regularly raises the urgent need for reasonable and regular court hearings, as it is directly related not only to the rights of the participants in the trial, but also to a fair trial and the restoration of justice and social justice in a timely manner.
– For the population of significant areas of the region, fishing, including illegal, as you have noticed, is a way to solve a social problem and it is contrary to the state policy to combat illegal fishing, sometimes in this regard, protests are also held. In criminal terms, what is the fight against fish theft from Lake Sevan, what are the problems in this area?
– In accordance with the relevant decisions of the Government of the Republic of Armenia, contracts for the use of animal resources in Lake Sevan have been signed with those who submitted such applications for industrial hunting, with specific terms, taking into account the spawning period of trout and whitefish to ensure natural reproduction. The control over the fulfillment of the contracts was carried out by the employees of “Sevan National Park” SNCO.
As before, so in 2021-2022, during the spawning period, the Gegharkunik Marz Department and subordinate subdivisions of the RA Police, the Department of Agriculture and Nature Protection of the RA Gegharkunik Marzpetaran, the Environmental Inspectorate of the RA Ministry of Nature Protection, “Sevan National Park” SNCO, and the community leaders surrounding Lake Sevan organized meetings. During them, the population was informed about the prohibited period of fishing in Lake Sevan and at the same time it was explained that they should refrain from illegal fishing of aquatic animals. The officers of Gegharkunik Marz Department of the Police and subordinate subdivisions made tours of the markets operating in the area, to prevent the illegal sale of whitefish extracted from Lake Sevan in retail and wholesale outlets. During the mentioned period, 43 cases of illegal fishing and transportation of fish were detected, in which the same number of criminal cases were initiated in accordance with Article 292 of the RA Criminal Code.
As for the protests, in November of last year a criminal case was initiated on the materials prepared by the employees of “Sevan National Park” SNCO on the facts of official falsifications, which was sent to the RA Anti-Corruption Committee. The protest alleges that more fish were caught during the permitted fishing season than documented, and this was done through National Park staff.
Considering that the activities carried out during the whitefish spawning season in Lake Sevan are of a continuous nature, a petition was sent to the Governor of Gegharkunik and other competent bodies due to the need to intensify the preventive measures aimed at eliminating the circumstances contributing to the illegal fishing of “whitefish” from Lake Sevan and to tighten control over the activities of persons authorized to engage in fishing.
– In 2018, the number of burglaries increased by 24.1%, while the detection rate remained the same – 50%. What is the situation now?
– In 2021, although thefts overall increased by 17.2% or 33 (225 cases in 2021 and 192 in 2020), burglaries decreased by 21.7% or 10 (2021 – 36 case, and in 2020 – 46 case). Moreover, we have not only a decrease in cases, but also a significant improvement in the detection rate. The exposure was 54.4%, while in 2020 it was 40.3%.
As you know, for several years now, the fight against burglary for the Prosecutor’s Office, with all its components, has been considered a priority, given its scale in the country. In previous years, at the initiative of the Prosecutor’s Office, the resources of the police and local self-government bodies were mobilized in this struggle, within their competences and capabilities. We consistently map all high-risk areas where more incidents occur and instruct the police to step up patrols in those areas, keep track of criminals under close control, increase the number of cameras in those target areas if possible, and in high-rise areas: in cities also take measures to furnish the entrance doors of these buildings with coded locks, the entrances with lights. Of course all this requires financial resources, which the communities do not have enough, but ensuring the property immunity of citizens is such an important and urgent issue that it is always possible to find funds.
A separate area is police surveillance of the conduct of persons convicted of theft or other similar offenses.
One of the peculiarities of burglary is that the efficiency of their detection is significantly increased in case of pursuit of fresh traces, scene inspection and other investigative, as well as operative-investigative actions as quickly and fully as possible. And one of our tasks is to ensure the efficiency and completeness of the investigations through the means of prosecutorial influence, with appropriate instructions and assignments.
The regional prosecutor’s office keeps this issue in the center of its daily attention. Despite the decrease in the number of cases and the improvement of the crime detection rate, the current pace cannot satisfy us. Citizens’ vigilance should also be raised to take measures to protect and safeguard housing. Sometimes law enforcement agencies only come to know about a burglary when the landlords return after a long absence and find out that the theft has been committed for a long time, which in itself complicates the detection of the crime.
– The Yerevan City Prosecutor’s Office recently raised the issue of outrageous violations registered in cemeteries. They refer to the right to allocate new grave places in cemeteries, as well as to land seizures. What is the situation in Gegharkunik region, have any studies been carried out or are there any criminal cases related to this field?
– We do not have any criminal cases in this area, the regional prosecutor’s office or law enforcement agencies have not received any alarms or complaints about such violations. Let’s not forget that there is no problem of allocating new places in cemeteries, because there is no problem of limiting the area of cemeteries. However, in general, the issue of land use for its intended purpose is in our field of view, both within the framework of corruption cases and protection of state interests.
– What is the rate of revealing corruption crimes in the marz? What kind of corruption crimes have been revealed?
– 144 cases of corruption crimes were registered in 2021, compared to 112 cases in 2020, of which 59 criminal cases were initiated. Compared to the previous year, the number of cases increased by 32 or 28.6%. The increase in cases is mainly due to the detection of corruption crimes as a result of measures, investigations and inspections taken and implemented by operative and inspection bodies.
Compared to the previous year, in 2021 41.4% or 65 more criminal cases were investigated.
14 criminal cases of corruption nature were sent to court with indictments against 20 people. Moreover, the number of criminal cases sent to court has doubled compared to the previous year.
The defendants include, for example, the director of a nursing home, the senior inspector of the regional food safety inspection body, the head of the regional department of social assistance, and community leaders.
Majority of detected corruption crimes are misappropriation or waste of official position, abuse of official authority and official fraud. In terms of sectors, such cases have been found more in the field of education, in the administration, in local self-government bodies, in violation of community funds and land and urban development legislation, embezzlement of funds allocated in the field of social assistance, etc.
– How do you fight to eliminate corruption risks in the marz prosecutor’s office? Were the prosecutors of the marz prosecutor’s office subject to disciplinary or other liability, and if so, for what kind of violations?
– I can say for sure that there are no corruption risks in the marz prosecutor’s office. Fortunately, we are talking today not about eliminating such risks, but about preventing their emergence. For this purpose, daily control is performed both vertically, from top to bottom, and in parallel vectors. The imperative is emphasized during practically any consultation, as well as during the sessions of the Board of the Prosecutor’s Office.
The prosecutors of the marz prosecutor’s office were not subjected to disciplinary liability or held accountable during the previous year. In previous years, such disciplinary measures were applied to individual prosecutors, but in 2021, in that sense, it’s very exemplary, which makes me really happy.
– The increase in the number of petitions to choose detention as a measure of restraint or extension of detention terms and the cases of their satisfaction are considered problematic by human rights activists and lawyers. What is the practice in the region from your point of view, how well-founded are such allegations?
– Last year, 32 motions to apply detention as a measure of restraint in criminal cases were submitted to the court. In 2020, there were 44 such petitions. I think the decrease is more than noticeable and shows that it is wrong to think that detention is used as a measure of restraint, not as an exception, but as a whole. There is no such phenomenon. I would like to draw your attention to the fact that the decrease in the number of arrest motions has been registered against the background of the increase in the number of registered crimes in general.
16 or half of the submitted motions were met. Our main goal is to increase the level of justification of motions in this area by applying the standards set by the Prosecutor’s Office, as well as the proper submission of those motions in court.
13 petitions to extend the term of detention were submitted to the court in 10 criminal cases, in 2021, of which the term of detention of 10 persons was extended, 2 were rejected. The prosecutor in charge of one criminal case withdrew the motion from the court, taking into account that the defendant was sentenced to imprisonment in another criminal case and was detained in the courtroom.
– The flow from the prosecutorial and investigative systems to advocacy is great. Is there a shortage of staff in the Gegharkunik Prosecutor’s Office or not?
– There is no shortage of staff in the Gegharkunik Region Prosecutor’s Office. In 2021 alone, 4 new prosecutors were appointed to the Regional Prosecutor’s Office, which significantly increased our resources and contributed to a more favorable workload distribution among prosecutors.
Of course, I do not rule out that there may be some influx from law enforcement to advocacy or other fields. But this is not a universal phenomenon. Personnel turnover is a natural phenomenon and is specific to all existing systems. It is another matter that in the public administration system, especially in the investigative and prosecutorial bodies, ensuring adequate remuneration for workload and responsibility would further contribute to stability.
– Recently, the RA Prosecutor General was in the marz. What main tasks did he set before the marz prosecutor’s office?
– The Prosecutor General got acquainted with the results of our work and based on them, gave specific instructions.
In particular, the issue of strengthening the prosecutorial control over the process of registering reports of crimes by citizens in accordance with the established procedure was stressed. In all cases where individuals refuse to give a statement or give an explanation, they will henceforth receive the attention of prosecutors, and the reasons for such behavior must be clarified through the organization of receptions.
In addition, we must focus not only on giving objective, reasoned and targeted instructions and instructions to the investigative and investigative bodies for the detection of crimes and the effective investigation of cases, but also on the exclusion of their execution and formal responses. They must serve the intended purpose.
The Prosecutor General also outlined an important direction in the study of the protection of state interests, the restoration of damages caused to the state or communities through the filing of lawsuits, the restoration of the violated rights of communities.
It was considered important to intensify the receptions organized with the population of the region in general and, if necessary, with the participants in criminal proceedings. In some cases, it is important for the prosecutor to form a conviction on certain issues and to conduct legal proceedings, and in many cases, to respond to questions raised by citizens and criminal cases, sometimes through direct communication, with explanations in plain human language, and in cases requiring legal solutions. Also to come up with initiatives arising from them.
– What do you do outside of your professional activity? What hobbies do you have?
– Free time, which does not often happen, I like to play chess with my friends.
Iravaban.net conducts the series of interviews in cooperation with the Prosecutor General’s Office.
