None of the Defendants appeared at the Hearing in the Case of the Former Judge under Investigation

On 23 February, the Anti-Corruption Court held a hearing on the case the confiscation of property of alleged illicit origin belonging to former judge Samvel Uzunyan and his wife Alla Harutyunyan. Judge Lili Drmeyan presided over the session.

To remind, in the past, the Judge of the Court of General Jurisdiction of Avan and Nor Nork Administrative Districts of Yerevan, Samvel Uzunyan, examined the case of 27 October. He has been in the status of accused  since 20 December, 2019. The Court made a decision to detain him, however, Uzunyan crossed the RA state border and a search warrant was announced for him.

According to Iravaban.net, none of the respondents appeared at today’s session, despite being duly notified.

It should be noted that the Prosecutor’s Office demands confiscation of the private house belonging to Uzunyan located in Ushi community of Aragatsotn Marz, which is mortgaged in “Gladzor” Universal Credit Organization. There is a bankruptcy proceedings initiated regarding Uzunyans, because the latter are unable to fulfill their obligations to the credit organization.

Bankruptcy Administrator Tigran Sahakyan was also supposed to appear at today’s court session, but he was absent.

Prosecutor Mihran Bulghadaryan noted that a general meeting of creditors has been scheduled for 6 March with an already defined list. “The question of registering the Prosecutor’s Office as a creditor is being discussed, but this, in my opinion, will not be an obstacle to the case.”

The Court did not consider the bankruptcy proceedings to be an obstacle to proceeding with the case. To Lili Drmeyan’s question, what is the position of the plaintiff’s representative regarding the determination of the facts of essential importance for the resolution of the case, the plaintiff’s representative said that the General Prosecutor’s Office must prove the following regarding the distribution of the burden of proof.

“Prejudicial facts as such are not available at the moment. First of all, the Prosecutor’s Office must prove the fact that Samvel Uzunyan and Alla Harutyunyan are related persons and that the private house of the Ushi community belongs to Alla Harutyunyan, as well as the fact of Uzunyan’s being the beneficial owner. It should also be proven that the latter’s income is not justified and the value of the real estate is lower than the market price, as well as the fact that Uzunyan’s expenses of 195 million 654 thousand 383 drams or the amount transferred were formed as illegal income. The facts that the court deems necessary to be proven after the distribution of the burden,” Bulghadaryan said.

The representative of the 3rd person stated that a loan agreement was signed in accordance with the law, and the right of pledge was registered, and there is a breach of obligation as well.

In response to the question of the Presiding Judge whether there is a possibility of reconciliation, the prosecutor answered that such a question has not been discussed, there has been no such proposal yet.

The court considered the range of facts of sufficient significance for the allocation of the burden of proof to be clarified and decided to allocate the burden of proof and obtain evidence, including to grant an open petition period for their allocation by making a decision in the form of a separate judicial act. The session was adjourned.

Mariam Antonyan

Iravaban.net

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