NON-GOVERNMENTAL ORGANIZATION
Was detained based on the required legal basis
RA Prosecutor General's office has sent a response to the letter of the Group of Public monitors implementing supervision over the criminal-executive institutions and bodies of the Ministry of Justice of RA
Group of Public monitors implementing supervision over the criminal-executive institutions and bodies of the Ministry of Justice of RA issued an ad-hoc report on September 9 claiming that RA citizen Sarkis Manuk Poghosyan was kept in "Nubarashen" penitentiary institution from August 5-September 1, 2010 without legal basis. We consider that it's necessary to clarify that S. Poghosyan's detention was carried out on the required legal basis.
Taking into consideration that the "Ad-hoc report" was also disseminated by mass media, RA Prosecutor General's response to the Group of Public monitors is fully given below;
"Sarkis Manuk Poghosyan was arrested by RA law enforcement bodies on 02.08.2010 and on 05.08.2010 was taken to RA "Nubarashen" Penitentiary Institution under the Ministry of Justice, as he was searched by US law enforcement bodies for supporting bank fraud under Articles 18:1344, 1349 of US Criminal Code. So S. Poghosyan was accused for committing a crime in a foreign country with which Republic of Armenia has an agreement to provide mutual support in criminal cases.
A search card was filled by US National Central Bureau of INTERPOL, there is also a sanction on detention given by the US East Richmond district court of Virginia. Taking into consideration the above mentioned it's clarified that the note of the RA Prosecutor General dated 05.08.2010 was based on the documents sent by US law enforcement bodies.
What refers to your statement about Article 5 of the Convention on the Protection of Human rights and Fundamental freedoms, point 3 of Article 5 states that everyone arrested or detained in accordance with the provisions of paragraph 1(c) of Article 5 shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial. 1(c) of Article 5 refers to lawful detention or arrest of a person in case of substantial suspicion in order to bring the person before the authorized body or when it's necessary for prevention of a crime committed by him or to prevent his escape after committing the crime.
Whereas S. Poghosyan's detention was carried out according to 1(f) of Article 5, which inter alia refers to the lawful detention or arrest of a person against whom action is being taken with a view to deportation or extradition and making a final decision.
It's not required by the Convention to bring a person promptly before the court, when detention and arrest of a person is carried out on this ground.
It should also be mentioned that RA Prosecutor General's office has had written communications with the US authorized bodies about S. Poghosyan's detection.
US authorized bodies have sent procedural documents about him (including the sanction on detention given by the US Eastern Richmond district court of Virginia). However, taking into consideration that not all of the documents about S. Poghosyan had been received, RA Prosecutor General's office has released him, until the criminal case will be received from the US authorized bodies".