On November 25 the Prosecutor General received the Special Representative of the
Secretary General of the Council of Europe to Armenia Silvia Zehe.

At the meeting the Prosecutor General expressed his opinions on some
observations, stated by the Chairman of Human rights of the Council of Europe
Thomas Hammarberg at his press-conference on November 22.

Highly appreciating the role of T. Hammarberg in human rights protection, the
Prosecutor General mentioned that assessments on some issues, expressed on the
grounds of incomplete information, indirectly contributed to inculcation of
faulty things; do not support the establishment of atmosphere of trust and
exercising of justice.

Particularly, the Prosecutor General expressed his bewilderment that T.
Hammarberg not being familiar with proofs and materials of the criminal case
stated his assessments on validity of accusations, brought against persons,
which are under preliminary detention. Moreover, T. Hammarberg himself stated at
the press - conference that he is not familiar with the materials of the
criminal case and, at least, it is strange that, despite this fact, T.
Hammarberg mentioned that there are no proofs to bring accusations against
accused. Secondly, 7 accused were informed on 2008 September 5 that the
preliminary investigation of the part of the criminal case on 7 accused is
completed, and from 2008 September 11 they and their advocates were given time
to familiarize with the materials of the criminal case and the time frame given
to accused and their advocates was prolonged twice on the grounds of advocates’
petition.

The Prosecutor General mentioned that T. Hammarberg’s some assessments can be
interpreted as tendency of indirect defense of false, not correct evidences of
witnesses. A.Hovsepyan also informed that on the criminal cases, which are under
judicial investigation, in particular accused, their relatives and supporters
made attempts many times to influence witnesses, making them to give evidences
for accused. Moreover, are made psychological impacts and have been used even
force to an accused that repents of his deed and his relatives, at judicial
sittings threatened prosecutors. In spite this facts, until now is initiated
only one criminal case on the grounds of false evidence, given in court, and it
was the court that turned to the Prosecutor’s office for finding out this
circumstance: at the judicial sitting the witness stated that the evidence
attached to the criminal case was not written and signed by him, that is to say
the investigator created false evidence. To find out all circumstances was
initiated a criminal case, and the preliminary investigation is carried out by
the investigate department of the Ministry of Defense, were appointed forensic
handwriting examination, which report confirmed that the protocol of
interrogation was signed by the accused himself and it was not falsified, so in
a result of the preliminary investigation was decided to bring the accused an
accusation for giving false evidence at the court. Another criminal case was
initiated for forcing the witness to give false evidences. “Today is initiated a
process of developing separate acts to provide the defense and the physical
security of witnesses from influences, which can take place. Why do we develop
such legislative foundation, if we shouldn’t exercise them, and shouldn’t take
measures to protect witnesses”, - said the Prosecutor General, adding that not
using of punishment, stipulated by the legislation, for false evidences can form
a bad precedence, which should not be let. And assured that henceforth will be
taken all measures, prescribed by law, for protection of witnesses.

Touching upon the advice that T. Hammarberg expressed on making use of
international experience and assistance of international experts for finding out
the circumstances of 10 people death during the mass disorders, the Prosecutor
General mentioned that from March 2008 the Prosecutor’s office sent letters as
to the heads of Yerevan offices of OSCE and UNO, so to the Chairman of Human
rights of Council of Europe T. Hammarberg, US Embassy in Armenia, asking them to
give allow certain international specialists and experts for conducting
examinations, but we got no assistance of experts well-experiences in forensic
examinations, though our Armenia expressed his readiness to send all the
materials to a foreign examination laboratory, that authoritative international
organizations will advice.

The Prosecutor General once more mentioned that in finding out of some
circumstances the preliminary investigation body really needs the help of
foreign experts and if there are such experts somewhere in the world, which will
be able to find out particularly with what special device, used by police
officers, died 3 civilians, Armenia is ready to invite them, covering all
expenses. Until now, the Prosecutor’s office was not give any coordinate of such
laboratory.