On September 3 Public Monitoring Group over the RA Penitentiary Institutions under the Ministry of Justice sent an Ad-hoc Report to the RA Minister of Justice about keeping RA citizen Sarkis Poghosyan in "Nubarashen" Penitentiary Institution for 28 days without legal basis. After expiration of the period prescribed by the law, the report is being published. A letter about the same issue was sent to RA Prosecutor General's office too.

N 10-17
03.09.2010

To: RA Minister of Justice

Mr. G. Danielyan

Ad-hoc Report

Members of the Public Monitoring Group Avetik Ishkhanyan, Arthur Sakunts and Arman Danielyan visited "Nubarashen" Penitentiary Institution on 2 September, 2010.  During the visit it was found out that for the period of August 5 to September 1 RA citizen Sarkis Manuk Poghosyan was kept in the Institution without any legal basis.

The following documents were found as a result of the monitoring;

It was stated in the personal card of the person deprived of liberty;

"The person was accepted in the Institution on 05.08.2010 and was released on 01.09.2010 based on the note of 21/32-570-10 year of RA Prosecutor General's office".

Below 21/32-570-10 note, dated 05.08.2010 of the Deputy of RA Prosecutor General M. Sargsyan sent to the head of "Nubarashen" Penitentiary Institution and copy sent to H. Harutyunyan, head of Penitentiary Department is presented.

"On August 2, 2010 Sarkis Manuk Poghosyan, searched since 29.07.2010 by US law enforcement bodies, and suspected for the crimes under 1344 and 1349 Articles, was brought to Yerevan Detention facility under RA Police by the police officers of the Chief Department of Criminal Investigation of RA Police and "Zvartnots" airport.

Mr. Poghosyan was released as 72 hours envisaged by RA Criminal Procedure Code expired, and there was no decision on imposing preventive measure of detention.  Taking into consideration the gravity of the crime committed by S. Poghosyan and based on the instruction given by RA Prosecutor General, S. Poghosyan must be detained considering the circular published in the form of <diffusion> by US National Central Bureau of INTERPOL on 28.07.2010 till the relevant documentation will be received by US law enforcement bodies".

N 373-32-98 note of the head of the Main department of Criminal Investigation of RA Police H. Tamamyan sent to the head of "Nubarashen" Penitentiary Institution, T. Navasardyan on 05.08.2010.

"RA citizen S. Poghosyan, born on 1983, searched by US law enforcement bodies for an attempt to commit bank fraud, is sent to be kept in the RA "Nubarashen" Penitentiary Institution under the Ministry of Justice and is on the record of RA Prosecutor General's office".

E40/18-3-44-44 note of the head of "Nubarashen" Penitentiary Institution T. Navasardyan, dated 06.08.2010 to the head of RA Prosecutor General's department V. Avetisyan; 

"We inform you that S. Poghosyan searched under Articles 1344 and 1349 of US Criminal Code paragraph 18 was sent to "Nubarashen" Penitentiary Institution of Armenia on 05.08.2010".

On September 1, 2010 S. Poghosyan was released from "Nubarashen" Penitentiary Institution based on 21/32-570-10 note sent by the Deputy Prosecutor General A. Danielyan to the head of "Nubarashen" Penitentiary Institution T. Navasardyan brought below;

"It's ordered to release RA citizen S. Poghosyan searched by the US law enforcement bodies".

According to 280 Article of RA Criminal Procedure Code, detention as a preventive measure can be imposed only based on the court decision.

At the same time Article 3 of the Law on Keeping arrested and detained people (Basis to keep a person in the detention facilities) clearly sets ".. The basis to keep a person under custody is the court decision to impose a detention as a preventive measure made according to the Criminal Procedure Code. Without the basis prescribed by the first and the second parts of this Article, it's forbidden to keep a person in the detention facilities". In fact, Sarkis Poghosyan was accepted and kept by "Nubarashen" Penitentiary Institution not on the basis of the court decision but based on the Deputy Prosecutor General's letter.  

Public Monistoring Group finds that Sarkis Poghosyan was illegally kept under detention for 28 days in "Nubarashen" Penitentiary Institution, which is a crime under Article 348 of Criminal Code. Article 5 of the European Convention and Article 16 of RA Constitution were also violated. RA Constitution and European Convention define an exhausted list of the basis and procedure on depriving a person of liberty, and Deputy Prosecutor General's letter is not considered as a basis or procedure to keep a person under custody.

I ask you to take appropriate means about the happened case and punish responsible people.

Sincerely,

Arman Danielyan

President of the Public Monitoring Group over the penitentiary institutions under the RA Ministry of Justice