Taking into account unreasonable statements made recently through the mass media by the advocates group of Samvel Mayrapetyan, accused on criminal case investigated on the RA Special Investigation Service, with regard to “illegalities” allegedly committed by the Special Investigation Service, as well as the right of the public of being impartially and completely aware, we deem it necessary to inform the following:
Samvel Mayrapetyan was brought charge on the criminal case investigated in the RA Special Investigation Service under article 38-311 (part 4, point 2) of the RA Criminal Code, for assistance to taking bribe in especially large amount of USD 6.985.000 equivalent 2.160.950.000 Armenian drams, and on October 9, 2018 taking into custody was selected as a measure of restriction with his regard. By decision of the Court of General Jurisdiction of Yerevan city as of November 29, 2018 the term of taking Samvel Mayrapetyan into custody was extended by 2 months period. By decision of the same Court dated December 27, 2018 alternative measure of restriction in the form of bail was selected with his regard.
According to the information disseminated by the advocates group of Samvel Mayrapetyan, after Samvel Mayrapetyan was released against the bail, the RA Special Investigation Service ignored the petition of the counsel for defence to return the passport and create an opportunity for him to leave for the German Federation for treatment purpose. As the advocates said Samvel Mayrapetyan’s passport was returned only after they applied to the European Court of human rights and received the request of the latter addressed to the RA Ministry of Justice on grounds of keeping the passport and the opportunity of organization of his treatment within Armenia.
On the grounds on taking the passport
According to article 8 (part 4) of the RA Law “On passport of the citizen of the Republic of Armenia “The body of investigation or preliminary investigation takes the passport of the suspect or the accused. (…). Passport of the suspect and accused is kept at the officials, who conduct the proceeding and is returned immediately after termination of the initiated criminal prosecution”.
According to point 19 of the charter of Passport system of the Republic of Armenia adopted by resolution N 821 of the RA Government dated December 25, 1998 “Passports of suspects and accused, to which arrest or undertaking not to leave was selected as a measure of restriction, (…) are temporarily taken by the bodies of investigation or preliminary investigation, or the court (…)”.
Passports of accused and suspects are returned to the passport holders after recovery of the measure of restriction (…)”.
Based on the abovementioned provisions his RA citizen passport was temporarily taken.
On consideration of petitions filed by the counsel for defence
According to article 201 (part 2) of the RA Criminal Procedural Code “Petitions and requests must be considered and resolved immediately after being filed, unless otherwise is provided by the provisions of this Code”.
According to article 199 (part 2) of the same Code “Written and oral petitions must be considered and resolved within five days. Argumented decision on the complete or partial dismissal of the petition must be made”.
Article 173 of the same code establishes the order of accounting of the terms. Particularly, according to part 2 of the mentioned article “If the term is calculated in days, the term shall begin after 12 am of the first day and expire at 12 am of the last day of the term. (…) If the term expiration day is a non-working day, then the first following working day shall be considered the term expiration day”.
The body of criminal proceeding filed the petition on returning the passport of Samvel Mayrapetyan and leaving for abroad for treatment purpose on December 28, 2018 at the end of the working day; another petition was filed on non-working day.
The mentioned petitions were considered in the order stipulated by the law, on January 2018, 2019, the first working days following the day of filing the petitions; respective decision was made – petition on returning passport to Samvel Mayrapetyan was granted, and the petition on leaving for abroad was rejected taking into account the possibility that the latter will be hiding.
Moreover, it is worth mentioning that the statement made by the defence of Samvel Mayrapetyan that the investigator allegedly verbally rejected the request on returning the passport is false. As it was mentioned, both written and oral petitions must be considered and resolved within five days. Argumented decision on the complete or partial dismissal of the petition must be made, which was made on January 8, 2019 and send to the defence.
On the disease revealed at Samvel Mayrapetyan
During the preliminary investigation the defence provided documents related to the health status of Samvel Mayrapetyan to the body of proceeding.
For clarification of some issues related with the health of the latter back in November 14, 2018 forensic examination was appointed; the implementation of which was assigned by the interagency committee.
All necessary tests have been made, but the opinion of the expert has not yet received.
Statement of the advocates group that the surgery on removal of gallstone prescribed to Samvel Mayrapetyan is possible abroad only, is not reasonable, so far as similar surgical operations are being performed in the Republic of Armenia as well. Based on the above the body of proceeding reasonable assumes that by leaving abroad Samvel Mayrapetyan can hide from the investigation.
Taking into account the above the defence of Samvel Mayrapetyan is called for refrain from disseminating distorting and false information that seeks to shadow the activities of the RA Special Investigation Service.