The suspect’s status has been taken out from the Draft Criminal Procedure Code. Talking about the problem with Iravaban.net, the specialists mentioned that the new decision can lead to the violation of human rights. So how to act in such a situation when the person who comes to the Investigation department as a witness, is also considered to be involved in the crime. There are some options. The investigators will either examine him as a witness at the same time violating some of his rights, (for example answering questions introduced against him), or arrest him, so that the latter can avail himself of various rights.
Iravaban.net talked with Ruben Melikyan, the rector of the Academy of Justice, the co-author of the Draft Criminal Procedure Code. The latter introduced some clarifications concerning the mentioned questions. “We have adopted a kind of theory the viability of which has been proved in various systems, by the way in the RA as well. It was used in the Military Investigation Department. Here we particularly talk about associated witness. Actually the term itself is not widely used; anyway the notion is included in the code,” R. Melikyan said.
Ruben Melikyan mentioned that the term is especially used in the theory. Practically it refers to a person who is examined as a possible suspect. “There are two possible versions, when the state suspects a person. The investigators will either involve him in the case as a defendant, or he will be examined as a witness. In this case he will be informed that he is considered to be a possible suspect and can avail himself of the rights of the defendants.
During the examination, the defender accompanies the associated witness. The defender has authorization to interfere in the examination; the defender has the right not to answer some questions. In some cases the latter can even keep silence.
“Generally speaking, there is no problem in the fact that the witness is examined by the rules of the defendant. And latter is based on the code and we will even develop it. In such case, there is no need presenting the status of the suspect, Ruben Melikyan said.
In his opinion, according to the Criminal Procedure Code it is really absurd to involve the suspect in the criminal case taking into account his status. The person is considered to be a suspect, when enforcement measures are imposed on him. Anyway logically enforcement measures should be imposed only when the person is considered to be a suspect.
