24 june 2020

Process of Self-Cleaning in National Security Service to be Continuous

Process of Self-Cleaning in National Security Service to be Continuous

The National Security Service of RA, being faithful to the modus operandi of detecting and eradicating manifestations of corruption, in a consistent way continues to take effective measures in various areas of public administration, including the National Security Service of the RA, in the direction of detecting manifestations of corruption and invariably implementing the principles prescribed by the criminal procedure law.

In particular, due to large-scale investigative and procedural activities undertaken on the criminal case initiated under Article 308, Part 2 of the RA Criminal Code in the Investigation Department of the National Security Service of RA, as well as complex operative-search effective measures, it was possible to detect cases of illegal alienation of community plots of land of Ararat province incited by officials carrying out state service, organizing bogus auctions, causing damage in especially big amount to the communities, concealing the crime by persons carrying out state service. Persons, holding chief and senior posts in Mkhchyan, Shahumyan communities of the Ararat province, Ararat regional administration, as well as the National Security Service of RA, were involved in such cases.

It was established that A. H., holding the post of the Head of Ararat Province Department of the RA National Security Service, using his official position against the interests of the service, proceeding from mercenary motives to organize the long-term lease by his godson A.A. of 0.9 hectares residential land plot from the community owned by the same community without any obstacles, through G.S., implementing state service under his supervision, invited the head of Mkhchyan community Kh. P. to the same department and affecting the will and consciousness of the latter, incited him to abuse his official position, that is, directed him to organize and to provide the mentioned land to A. A. for long-term use for low rent without any obstacles or to alienate it through bogus auction.

As a result, the head of the community, incited by the official performing state service, endowed with the functions of a representative of the authority, making preliminary agreement with the members of the council of elders of the community, using his official position against the interests of the service, with an intent to commit an illegal act, according to prior agreement with A. H., set the starting price of the community plot of land with a cadastral value of 11,117,800 AMD significantly low – 5,850,000 AMD – thus giving A. A. the opportunity to be recognized as the winner by taking one step away from the starting price of the auction. As a result, during the bogus auction that was held, A. A., by taking only one step in the amount of 250,000 AMD, was recognized as the winner of the competition and acquired the community property with a cadastral value of 11,117,800 AMD for 6,100,000 AMD, and registered his property rights for it, as a result of which the community was deprived of the real opportunity to earn a particularly large amount of income - 5,017,800 AMD - in exchange for the alienation of its property, which caused significant damage to the legitimate interests of the community by negligently causing grave consequences.

During the pre-trial proceedings, a body of sufficient evidence was also obtained that, as a result of the bogus auction held at the incitement of the same official, land plots of 0.2 hectares and about 0.4 hectares of residential land plots and land plots for agricultural purposes belonging to Shahumyan community of Ararat province had been also alienated. As a result, the community property was sold for only 1,705,000 AMD and the community was deprived of the opportunity to receive high income as a result of legal sale.

In the framework of the same case, a body of sufficient evidence was obtained that the officials carrying out state service in the RA National Security Service, in accordance with the procedure established by the criminal procedure law, had not looked into the case of large-scale embezzlement by the competent officials of "Artashat" Water Users Association, had not taken any measures in the direction of detecting the apparent crime committed.

Based on a body of sufficient evidence obtained during the preliminary investigation, the heads of Mkhchyan, Shahumyan communities of Ararat province were involved as the accused, and they were charged on the grounds of Article 308, Part 2, and Article 308, Part 1 of the RA Criminal Code, respectively.

By the decision of the preliminary investigation body, A. H. was involved as the accused and was charged on the grounds of Article 38-308, Part 2 of the RA Criminal Code, Article 38-308, Part 1 of the RA Criminal Code, Article 308, Part 1 of the RA Criminal Code. By the decision of the Court, A. H. was arrested.

In the framework of the same case, the head of Land Use Department of Ararat regional administration of RA, the head of Artashat division of Ararat Province Department of the RA NSS and the operational officer of the same department were interrogated in a procedural status of suspect, and made confessions.

Active measures are being taken in the direction of detecting other criminal manifestations involving persons carrying out state service and giving equivalent criminal-legal assessment.

The National Security Service informs that the process of self-cleaning in the system will be continuous and the Service will take much more intolerant approach to eliminating the vicious occurrences in the system and to rigorously implement the principle of equality before the law.

We call on citizens affected from possible similar actions by other RA NSS officials to apply to the National Security Service, at the same time guaranteeing the safety of the applying citizens and the anonymity of the person.

Note: The suspect or accused of an alleged crime is considered innocent as long as his guilt is not proven in a manner prescribed by the Code of Criminal Procedure of RA - by the court decision entered into legal force.