Former RA Prime Minister H.A., being an official holding a public position from 2006 to 8 September, 2016, exceeded his official powers, as well as, contrary to the ban on entrepreneurial activity, participated through proxies in a sand mining company under the management of “Avazahatik” LLC, legalizing particularly large properties obtained through criminal means as a result. The Public Relations Department of the Prosecutor General’s Office reported.
The criminal proceedings investigated by the Anti-Corruption Committee proved that H.A., having held various positions during the years 1995-2016 (Deputy of the first convocation of the Armenian National Assembly, Chairman of the Executive Committee of the Artashat Political Council, Mayor of Artashat, Ararat Marz Governor, Minister of Territorial Administration of the Republic of Armenia, Deputy Prime Minister of the Republic of Armenia , Minister of Territorial Administration, Chief of Staff of the RA President, Deputy of the RA National Assembly of the Fourth Convocation, President of the RA National Assembly, RA Prime Minister) illegally taking over the shares of G.G., a 60 percent shareholder of the Sand Mining Company “Avazahatik” LLC and with the intention of participating in management of the company through proxies, between the end of 2006 and the summer of 2008, through the representatives of the state and local self-government bodies, created obstacles for carrying out the sand extraction carried out in accordance with the law from the 5 ha of land leased by the “Avazahatik” LLC from the Noramarg community of Ararat marz, and took measures to stop the extraction as well.
During that time, on the verbal instruction of H.A. and other officials, H.A.’s brother, He.A., instructed SG, who was the head of Noramarg Community of Ararat marz, to dissolve the contract signed between the Community and “Avazahatik” LLC, on the grounds of non-target exploitation of the land leased to “Avazahatik” LLC. The head of the community S.G., fearing that in case of non-fulfillment of the mentioned demand, there may be adverse consequences for him, even dismissal from his position, by decision No. 81 of 26 November, 2007, he unilaterally dissolved the lease agreement concluded with “Avazahatik” LLC. and, until the change in the intended purpose of the land, sand mining was prohibited.
On 11 and 24 June, and 2 and 7 July, 2008, H.A., who held the position of Chief of Staff of the RA President, at the mediation of K.K., a friend of 60 percent shareholder of “Avazahatik” LLC G.G., during a meeting held at the latter’s office, presented to G.G. an illegal demand: that is, regarding the proportional registration of the 60 percent share of “Avazahatik” LLC in the name of his brother, He.A., and the representative of A.S., who currently holds the position of the Chief of Police of the RA. Having no other choice, in order to continue the company’s further activities, G.G. had to accept the offer of H.A., who was the Chief of Staff of the RA President at that time, and sold 30 percent of his share to his brother, He.A. and the other 30 percent to K.S.’s who is the nephew of K.A., the brother of Chief of Police R.A.
Further, H.A.’s brother, He.A., met with the Head of the Community S.G., and reached an agreement with the latter to organize a formal tender to lease the 5 ha of land again to “Avazahatik” LLC company. As a result of the mock competition held on 22 July, 2008, the “Avazahatik” LLC was declared the winner. After that, an agreement was signed, according to which the mentioned land was leased again to “Avazahatik” LLC for a period of 25 years for the purpose of sand extraction at an annual rent of 90 thousand AMD, thus giving the company the opportunity to carry out sand extraction.
Privileges and advantages were provided to “Avazahatik” LLC in the above manner, after which the Company continued to extract sand, providing income for H.A., who actually owns 60 percent of shares.
During 2008-2015, H.A. through proxies, illegally participating in the activities of “Avazahatik” LLC, received about 230 million 400 thousand AMD profit from the operation of the sand mine.
With the intention of legalizing the above-mentioned funds obtained as a result of illegal participation in entrepreneurial activities, distorting their criminal origin, and hiding their true ownership, H.A. mixed the above-mentioned money with his other incomes, then in various civil and legal transactions, including the acquisition of various properties, through making banking transactions, gave them a legal appearance.
In particular, H.A, during the years 2008-2015 and after that, including 2018, acquired and accounted for more than a dozen properties of various values in the names of himself and his related persons.
As a result of the above-mentioned actions, the real ownership of the properties was hidden, their criminal origin was distorted, as a result of which the mentioned particularly large amounts of 230 million 400 thousand drams obtained through criminal means were legalized.
On 17 April, 2023, the supervising prosecutor on his own initiative made a decision against H.A. in accordance with points 1 and 3 of part 3 of Article 190 of the RA Criminal Code adopted on 18.03.2003 (using the official position, criminal legalizing particularly large amounts of property (money laundering)), on initiating a public criminal prosecution under Article 309, Part 1 (exceeding official powers) and Article 310 (illegal participation in entrepreneurial activities).
The decision was sent on the same day to the investigator conducting the proceedings to file a charge against H.A.
Note: A person that is suspected or accused of an alleged crime is considered innocent until his/her guilt is proved by a court judgment that has come into legal effect pursuant to the procedure determined by RA Criminal Procedure Code.
