Hate Speech is a Serious Criminogenic Factor: Armen Margaryan

Hate speech is a serious criminogenic factor and it is more effective to make an effort to prevent it, to reduce its impact, than to go after the consequences, that is, to think about punishment. Armen Margaryan, Head of the Department of Investigation of General and Election-Related Crimes of the General Department of Investigation of Particularly Important Cases of the Investigative Department of the RA, expressed this opinion in the framework of “The Investigator Presents” series of interviews of Iravaban.net.

– Mr. Margaryan, what kind of crimes are currently investigating the investigators of the Department of Investigation of General and Election-Related Crimes of the General Department of Investigation of Particularly Important Cases of the Investigative Committee of the RA, and what are the predominant ones?

– Proceedings on various crimes are examined in the proceedings of the department, but the predominant ones are the criminal proceedings examined on cases of crimes against the interests of public service, property, economy and economic activity. Our goal is to ensure a proper, comprehensive and impartial investigation in criminal proceedings, which we carry out despite the workload.

The General Department of Investigation of Particularly Important Cases deals with the most complex, sometimes multi-issue cases, which require high professionalism, serious professional experience and skills from the investigators. Is the department you lead fully staffed? 

– The unit currently has one vacant position. Investigators are working hard. However, we do everything so that it does not affect the quality of the preliminary investigation. Being guided by the principles of work with high professionalism and daily dedication is in the forefront. The Investigative Committee does everything to increase the social guarantees of investigators, in addition to developing professional skills, implementing training programs aimed at transferring new knowledge, including in cooperation with international partners. Therefore, everything is done to match the professional resource to the requirements in time, which is one of the important guarantees of assuring quality.

– We talked about multi-episode cases. Is it possible to conduct the examination of such cases in the shortest possible time? If compared, have the terms of examination of cases been reduced in recent years, and if so, due to what?

– The terms of the preliminary investigation have been significantly reduced and have a tendency to be shortened even more. The main reason is the deadlines for public criminal prosecution provided by the newly adopted criminal procedure. In addition, the proper planning and organization of the preliminary investigation is no less important.

– It has been almost a year since the new RA Criminal Code and the RA Criminal Procedure Code came into force. What effect did this have on the efficiency of the preliminary investigation, the protection of the rights of the participants of trial?

– They definitely had a positive impact. In the 21st century, it was not possible to be governed by the criminal procedure adopted in the 20th century and the criminal code adopted at the beginning of this century, in the conditions of the current dynamics of the development of law, improvement of crimes and digitalization. According to the new code, the legal relations of the trial participants have been clarified even more, which had a direct impact on the protection of the rights of the trial participants.

– You have been engaged in investigative activities for 13 years, your work practice is entirely related to investigative work. Looking at the path you have passed, what kind of changes has the investigative activity in Armenia undergone?

13 years of practical activity proves that the investigator becomes more independent and protected from day to day. Social guarantees have increased, which has had its own impact on the activity of the investigator. In addition, the technological development and the improvement of the methods of crimes constantly make the investigator face with the task of acquiring new knowledge, self-improvement, getting acquainted with the process of modernizing the means, methods, and methodology of the criminal-legal fight against crime.

What do you think, is the punitive policy of criminal justice enough to fight against hate speech? In your opinion, what do the state and society have to do to neutralize or limit hate speech in the public space?

When all the methods to fight hate speech are ineffective, the criminal justice comes to it, which tries to neutralize it with its policy. Of course, this is an extreme measure. The primary thing should be the increase the legal awareness and legal literacy of the public, which must necessarily be paralleled with media literacy, taking into account the enormous influence of the media on public interpersonal relations, culture, and world perception. In this sense, in addition to the state, the educational system and the public-civil sector have an important function role here. Hate speech is a serious criminogenic factor and it is more effective to make an effort to prevent it, to reduce its impact, than to go after the consequences, that is, to think about punishment.

– Have you ever received any threats related to your official activities?

– No. And I hope I will never face such a situation.

– What changes, maybe innovations do you see in the investigative system?

– Every action in the field is regulated by law. And the law was fundamentally changed a year ago. We may say that we are in the adaptation period. Only after its completion, it will be possible to talk about changes, although certain problems related to the implementation of the codes are already noticeable, which require legislative changes, and the Investigative Committee is working to find more flexible solutions to them.

– Are there working, professional principles, formulas that guide you in managing the unit and in relation to employees?

– Yes, I gave three principles: honesty, justice and solidarity.

– The difficult investigative work requires certain sacrifices in personal life. Is it possible to solve the problem of harmony between the practical and the family, and what is the main formula of your life activity in this regard?

– I think it works. The solution is that work problems and mood do not spread in the family atmosphere. My family members understand the nature of my work and that helps me overcome any problem.

This initiative, implemented in cooperation with the RA Investigative Committee and the Iravaban.net website, aims to properly present to the public the main directions of the work carried out by the preliminary investigation body, to reflect on the peculiarities of pre-trial proceedings and other issues of public importance.

Iravaban.net

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