Author: Veles Human Rights NGO

Discussion։ “Inclusive Governance: “the hidden” capital of Armenia”

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On February 26, at 13:00, a discussion on the topic of “Inclusive Governance: “the hidden” capital of Armenia” will take place in the press room of “Noyan Tapan” News Agency (28 Isahakyan str., 3rd floor).

Organiser of the discussion: “Veles” human rights non-governmental organization
Informational sponsor of the discussion: “Noyan Tapan” News Agency

During the discussion, “Veles” human rights NGO will summarize the findings of the research and analysis on the inclusiveness of representatives of various vulnerable groups in the government bodies of the Republic of Armenia, and the indicators of the fulfillment by the Republic of the international obligations related to the current challenges; the recommendations developed by the organization on the issue will also be presented.

The speakers are:

Marina Poghosyan – head of “Veles” human rights NGO
Davit Gyurjyan – advocate
Zaruhi Hovhannisyan – human rights defender

 

Request to the Mayor of Yerevan

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25 January, 2019

Guided by provisions of Article 42 (1) of the Constitution of the Republic of Armenia and Article 6 (1) of the Law of the Republic of Armenia on Freedom of Information, I ask you to provide information on the following matters:

1. How many employees of the Yerevan Municipality have been promoted through rewards, cash incentives, gifts or other material values since October 1, 2018?
2. What positions the employees of the Yerevan Municipality who were awarded through rewards, cash incentives, gifts or other material values occupied?
3. To promote through rewarding, cash incentives, gifts, or other material values, what criteria were applied to consider the persons’ composition?
4. What financial resources were used to provide the expenses for the rewards, cash incentives, gifts or other material values for the employees of the Yerevan Municipality? If the budget of the Yerevan Municipality were the source of funding for the above-mentioned expenses, which of the expenditures were envisaged by the budget?

I ask you to respond to the request for information within the time frames defined by law.

Respectfully,

President of “Veles” human rights NGO  M. Poghosyan

Solution of “case of amounts of unknown origin” could become a striking example of corruption disclosure

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Why did the victim refuse?

 The investigation of criminal case N63203516 was quashed. According to the observations of the human rights organization, “Money laundering and a number of other crimes are not addressed. This in itself includes corruption risks, and that is proved by deliberate concealment of a number of crimes by officers of the Investigating Department. Particularly, officers of the Investigation Department do not intentionally investigate the following offenses which are presented below.”

Three years ago, Marina Poghosyan, the president of the “Veles” human rights organization, that acts against usurers, shadow and corruption deals of officials holding state posts, told the “Aravot” daily that Davit Stepanyan from Khabarovsk, the Russian Federation, applied to the NGO, informing that he had fled from Armenia because of Yeritsyan’s threats.

Stepanyan sent a letter to the “Aravot” daily to inform that he had worked with Yeritsyan, had currency exchange offices, and a pawnshop. Yeritsyan had lent him 900,000 US dollars at an interest rate, and for 10 years D. Stepanyan paid him 18,000 US dollars as an interest rate amount, and to do that he had pledged his and his friends’ and relatives’ properties. Yet, Yeritsyan demanded extra 400,000 dollars as a remainder. The man went to the psychiatric hospital. There was a recording which confirms that the man had already returned 1 million 900,000 US dollars to Yeritsyan. Another man having a nickname, a resident of Armenia, joined in the threats, declaring that, “Blood will be shed.” (He even picked up a pistol from a bag and announced, “I am a general. I will liquidate you.”; June 09, 2016; https://www.aravot.am/2016/06/ 09/701667 /).

On April 1, 2016, David Stepanyan filed an application with the RA Prosecutor General to tell about “all problems that had fallen to him”. Based on D. Stepanyan’s application, on May 6, 2016, the investigative body, involved in the development of the case materials, made a decision on the refusal of the initiation of a criminal case, and based on the appeal filed against the decision by the head of the human rights organization of “Veles”,  on June 1, 2016, the prosecutor of Yerevan made a decision on the invalidation of the decision on the refusal of the initiation of the criminal case and the initiation of a criminal case under Article 137 (1) of the RA Criminal Code. Thus, criminal case N63203516 was initiated.

By the decision of June 29, 2016, D. Stepanyan was recognized as a victim, and Marina Poghosyan, the head of the “Veles” human rights organization, as the victim’s representative respectively. However, on November 10, 2016, the investigator conducting the proceedings decided to quash the criminal case proceeding and not to conduct a prosecution. “While comparing testimonies provided by the victim of criminal case N63203516, D. Stepanyan, and others, and by those people who had suffered from Yeritsyan’s actions, in particular, the testimonies given by Z. Melikyan within criminal case N13127214, by G.Tumasyan within criminal cases N17112714, and N57125116, and by Hakob Yeghiazaryan, Vardan Ginosyan, Marina Poghosyan and Hovhannes Yeritsyan, within criminal case N13142214, it becomes clear that during the time period of in 2003-2010, H. Yeritsyan lent money to various citizens of Armenia that exceeded a total of over 1.500.000 US dollars at different interest rates.

 During that period H. Yeritsyan did not hold any office, he was not engaged in any entrepreneurial activity in the territory of Armenia, and the investigative bodies did not discover sources of origin of the large amounts of money circulated by him. A number of fake purchase and sale contracts had been concluded, with which amounts of unknown origins not only brought additional benefits to H. Yeritsyan, but they also turned into real estates in the name of third parties, but the real owner of which was H. Hakobyan himself. “Such turnover and scheme of money is typical of the money laundering mechanism,” Poghosyan informed to the “Aravot” daily. According to the human rights defender, bases of the transactions between H. Yeritsyan and D. Stepanyan, however, did not become clear; the circumstances of debiting the amounts in the accountancy of the pawnshop, and the role of the victim in the money laundering mechanism were not still clarified. That is, had D. Stepanyan’s actions been within the law or he was a member of a criminal group?

By the way, on August 4, 2014, during a face-to-face interview conducted within the frames of another criminal case N13142214, in his testimony, Yeritsyan insisted that Hakob Yeghiazaryan borrowed 85.000 US dollars at an interest rate in Mr. Stepanyan’s pawnshop in condition that to pay back 115,000 US dollars. For that purpose he had pledged his property found in 71 Nar-Dos street. The testimonies provided within criminal cases N63203516 and N13142214 confirm that H. Yeritsyan made an obviously false denunciation aimed at hiding the fact of his having lent 85,000 US dollars to H. Yeghiazaryan at an interest rate. Later, making use of D. Stepanyan’s poor health conditions, he put his act of usury on another person or on a pawnshop. The case was quashed, and the investigators did not find out whether or not H. Yeritsyan and “a general” of the National Security Service, his “patron”, had performed their tax liabilities; whether or not they had paid taxes for a total of 1,470,000 US dollars gained for years.

The human rights organization demands to initiate a criminal case, carry out a new investigation, to disclose corruption schemes, and to subject to criminal liability those officers who had committed the crimes.

 

Inclusiveness as Phenomenon Ignored by State

 

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The state cannot be called democratic if all groups of the society have no actual participation in the country’s governance processes. Today, to establish an inclusive governance structure, many countries in the world proceed to take measures by adopting relevant laws and establishing committees adjacent to the government. Armenia, which proclaimed itself to be a democratic and social state by the very first article of the Constitution, has no law on inclusiveness. The articles in the Constitution on the discrimination ban (Article 29 of the Constitution) and equality for all (Article 28 of the Constitution) proclaimed by the Constitution, as well as international commitments by Armenia have practically been neglected.

The picture is completed with the lack of the least attention attached to the issue by relevant structures, institutions and the state. This is proved by the reaction to the statement of “If a disabled person suddenly comes to vote, I will personally take him/her in hands and bring him/her to vote” addressed to the head of the polling station commission on the lack of access to the polling station and the lack of adequate conditions for the disabled people during the latest out-of-turn parliamentary elections. What is this if not a mentality at the state level? It turns out that before reaching the issue of the inclusive governance, if the representative of the aforementioned group may take up any position, he/she cannot reach or have an access to his/her workplace because of the lack of suitable conditions for the displacement of the disabled in the country and disadvantages and risks for the available conditions.

The next vulnerable group, poverty, is not perceived by many as vulnerable. However, unfortunately, in the system formed in our country, one can confidently state that poverty is a vulnerable group which, in its turn, makes the state vulnerable combined with the corrupted system. In the conditions of formal equality of people defined by the Constitution everyone is given the right to education. However, in the event of the affordability of education the poor may not be able to benefit from this constitutional right of theirs. As a result, we get an uneducated society unable to use its own right in condition of the lack of education and is deprived of the opportunity to occupy any position, which is a loss of a huge potential for the development of the state.

The poor are vulnerable in the area of the implementation of justice. Even if we set aside an inseparable part of our judicial system, i.e. bribery, it is all the same – in the condition of the best and experienced lawyer who also requires rather much money, the case can be considered “won” for the one who is solvent and lost for the other who did not have enough money to cover the judicial expenses.

According to another article of the Constitution, everyone has the right to elect and to be elected, but in practice, for nomination of a candidacy, for advocacy, and for many other office processes money is required. A poor person can not afford that. And if to take into account the circumstance that, according to public records, there is 40% poverty in the country, it turns out that 40% of the population cannot make use of their right to be elected.

Article 30 of the Constitution provides for the equality of men and women. How real is that legal equality? In the case of women, we face some skepticism regarding their abilities and neglect of theirs as  supporters to the progress. That is why, the very few women exercising their authority in an official position are becoming vulnerable. Causes for this are different. For instance: not treating them as serious officials and their being fictitious results in relativeness of statistical figures and in formality of women’s holding positions. It turns out that this group of vulnerable representatives is vulnerable even in an official position.

In the face of all these (not referring to national and sexual minorities), without inclusive governance, the state cannot exercise its functions properly and be deemed democratic. After all, being part of the society in a democratic country, should they not participate in the governing bodies through their representatives to the country’s governance? And also, who can more clearly imagine and demand that these groups’ rights and freedoms be realized through their representatives, and raise existing challenges, if not they should, through their representations? A representative of any group should feel that he/she is heard and not ignored by the state, and that his/her rights and freedoms are really guaranteed, which is the main precondition for the existence of the state.

A.Asatryan

 

There are obvious corruption risks associated with issuance of diplomatic passports

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Marina Poghosyan, President of “Veles” human rights organization, says.

On September 27, 2018, various Armenian media outlets reported that 254 people were deprived of their diplomatic passports. And how had they been granted? Whether criminal prosecution was carried out against guilty officials for issuing passports of persons who had been deprived of diplomatic passports?

Yesterday, the president of “Veles” human rights organization Marina Poghosyan informed “Aravot” that she had applied to the Prosecutor General requesting to initiate a criminal case on this occasion.

“The issue of our human rights organization is to fight against usury, fraud, corruption, tax avoidance, other vicious phenomena and any human rights violations. “Veles” considers it our duty to attach the Prosecutor’s Office of Armenia’s attention to the case mentioned above, as it is evident that 254 persons, who were deprived of their diplomatic passports on non-legitimate grounds, had been granted those diplomatic passports by abuse of authority by officials liable for having issued the passports. Moreover, granting passports to persons who are not eligible for diplomatic passports involves a number of corruption risks, which we believe should also become a subject of compulsory examination”.

According to my interlocutor, as a result of having issued those passports to persons who were not entitled to be granted diplomatic passports, damage was caused to the state budget of Armenia.

Referring to Article 308 (1) of the Criminal Code of Armenia, the human rights organization requests to subject to criminal liability those officials who had granted diplomatic passports through abuse of their official authority.

According to the mentioned law, “abuse of official authority or duties by a state official for mercenary interests, personal, other interests or group interests, which caused essential damage to the legal interests of citizens, organizations, public or state rights (in case of property loss, the amount (value) exceeding 500 minimal salaries), is punished with a fine in the amount of 200 to 300 minimal salaries, or with deprivation of the right to hold certain posts or practice certain activities for up to five years, or with arrest for the term of two-three months, or imprisonment for the term of up to four years”.

Prosecutor of the Department for Supervision over the Investigation of Especially Important Cases of the Prosecutor General’s Office of the Republic of Armenia, A. Mnatsakanyan, in his letter of 12/26 / 15-18 of December 5, stated that the report submitted by the human rights organization was left without any response.

“Veles” received the mentioned letter of December 5 on December 19.

According to the human rights defender’s assessment, “Prosecutor of the Department for Supervision over the Investigation of Especially Important Cases of the Prosecutor General’s Office of the Republic of Armenia, A. Mnatsakanyan responded in writing to the person having submitted the report on the crime and did not make a decision based on the crime report”.  This decision will be appealed by the organization.

R.M., “Aravot” daily newspaper, 27.12.2018

Continue reading at https://acblog.am/?p=2121&lang=en | AntiCorruption

Avoiding taxes of 66.5 million drams: a criminal case filed on case of “Elite Group”

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The Investigative Committee of Armenia has initiated a criminal case on the fact that Elite Group avoided maliciously paying taxes. This was based on the report submitted by “Veles” human rights NGO. The case may become a start of demolition of some major corruption “balls”. “Elite Group” closed joint-stock company (CJSC) constructs and sells residential and public elite complexes. The case initiated in the Investigative Committee of Armenia discloses definitely how the sale process takes place.

The basis of the initiation of the criminal case is the contract signed between “Elite Group” CJSC and one family. According to our information, there are a lot of such contracts, and other people who obtained apartments from Elite Group may also discover certain problems in their contracts in future.

Thus, according to the criminal case, in 2007, “Elite Group” CJSC and spouses Karlen Hovsepyan and Arusyak Sanasaryan agreed that the latter  could obtain 162 square meters of living space in a block of flats at  29 Rostom street in Yerevan and two parking spaces,  against 52 million 180 thousand drams. The consent reached between the parties was recorded in the preliminary contract, which, however, was not signed by “Elite Group” CJSC. We have copies of cashback orders confirming that in 2007-2008 the family paid “Elite Group” CJSC the sum of 52 million 180 thousand drams mentioned in the preliminary contract.

In 2009, when a contract between the parties was signed and certified by in notary, “Elit Group” CJSC did not mention the amount actually received, but 31 million drams which was less than 21 million 180 thousand drams of the real value of the apartment and parking lots.

According to the initiated criminal case, only in the frames of a contract with one family, “Elite Group” CJSC did not pay the state 3 million 530 thousand drams as VAT and more 3 million 529 thousand drams as profit tax, with this hiding the real amount received. The Investigative Committee has found out that Elite Group also concealed the real value of the apartments in the contracts with other residents of the same building, thus avoiding paying taxes of almost 66.5 million drams.

A criminal case has been instituted on the fact that the taxpayer illegally evaded to pay large-scale taxes (Part 2 of Article 205 of the Criminal Code of Armenia).

On December 18, we wanted to contact Armen Mkoyan, the president of “Elite Group” CJSC. His mobile phone was out of reach, and an employee of CJSC informed that he was not in the country. There was no one of the managers in the office that day. We left a phone number and asked to contact us so that we could know and present their point of view on the criminal case. So far we have not received any telephone calls from “Elite Group” CJSC.

Continue reading at https://acblog.am/?p=2113&lang=en | AntiCorruption

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