New Criminal Case Launched for Illegal Separation of Child from Parents

On January 16, 2020, Naira Ayvazyan addressed a letter to the President of the Investigative Committee regarding the exchange of her newborn child at the Republican Institute of Reproductive Health, Perinatology, Obstetrics and Gynecology. A criminal case has been initiated today under Article 167, Part 2, Clause 2 of the RA Criminal Code (illegal separation or exchange of children from parents by a group of individuals acting in concert).

This was reported by Gor Abrahamyan, an advisor to the Attorney General. His full statement is as follows:

“Respecting the presumption of innocence, I would like to inform you that on January 16, 2020, a letter was received at the Anti-Corruption Unit of the Prosecutor General's Office, addressed to the President of the Investigative Committee, concerning the exchange of Naira Ayvazyan’s newborn child at the Republican Institute of Reproductive Health, Perinatology, Obstetrics and Gynecology. On the same day, there was also a motion from Naira Ayvazyan's representative lawyer, Susanna Sargsyan, to revoke the decision to terminate the previously initiated criminal case addressed to the Prosecutor General.

During the review of the application and the motion, it was required and obtained from the archives of the Investigative Committee for examination, the criminal case initiated under Article 130, Part 2 of the RA Criminal Code (failure or improper performance of professional duties by medical staff resulting in the death of the patient). This case had been terminated due to lack of elements of a crime on December 29, 2017.

The review revealed that there are no grounds for revoking the decision to terminate that criminal case, and the periods specified in Articles 263 and 21 of the RA Criminal Procedure Code for lifting the decision to terminate a criminal case have also elapsed. However, considering that it was stated in the application and the motion that Naira Ayvazyan's newborn child had been changed at the Republican Institute, which may imply the presence of other offenses, her application and Susanna Sargsyan's motion were sent on January 31, 2020, from the Prosecutor General to the Investigative Committee for the preparation of materials in accordance with Articles 180-181 of the RA Criminal Procedure Code, with the purpose of verifying the alleged presence of indications of criminal acts in the circumstances mentioned.

During the preparation of the materials, Naira Ayvazyan claimed in her explanation that her child was changed after birth, as she had not been acquainted with the forensic medical examination report during the preliminary investigation. She noted that she had recently reviewed the report with her lawyer and became convinced that her child had been changed, as the child depicted in the photographs of the forensic medical examination report is not the same child that was shown to her immediately after birth.

Additionally, a similar application was received from N. Ayvazyan’s husband from the Russian Federation. Considering that the materials indicated the apparent presence of characteristics of an offense regarding the illegal separation of children from parents or exchanging children by a group of individuals acting in concert, it is necessary to clarify these through a comprehensive, objective, and multifaceted investigation, utilizing a broader range of procedural, investigative, and operational-search tools. On February 13, a criminal case was initiated in the Main Investigative Department of the Investigative Committee under Article 167, Part 2, Clause 2 of the RA Criminal Code.”