Conviction and Dismissal: Ongoing Fight Against the Infiltration of Forbidden Items in Prisons
The trial concerning three employees of the "Armenian" Penitentiary Institution at the first instance court in the Armavir region has concluded. During the trial, it was established that in November 2019, three employees from the security division of the penitentiary were included in the guard group created by the head of the prison to ensure the protection of inmate A. Sargsyan, who was transferred to the Vagharshapat Hospital for medical assistance.
It was found that while maintaining security at the medical facility, three of these employees abused their official powers by intentionally failing to perform their duties, which included not ensuring constant oversight of A. Sargsyan's behavior, not preventing his communication with others, and allowing him to move freely and leave the hospital room. With their permission, various individuals visited and met with the inmate without restrictions, delivering forbidden items such as mobile phones and alcoholic beverages to him.
To prevent the infiltration of forbidden items, objects, and food, they did not conduct personal searches, inspection of items, or confiscation of belongings from the inmate. As a result, the inmate illegally acquired 16.61 grams of marijuana while at the hospital and transported it back to the penitentiary, where it was discovered and confiscated during a personal search conducted by the institution's staff.
Based on sufficient evidence collected during the preliminary investigation conducted by the RA Investigative Committee, charges were brought against these three employees under the first part of Article 308 of the RA Criminal Code. They were found guilty of their charges in a ruling on June 3, 2020, which led to a conviction.
In another case being investigated by the RA Investigative Committee, it was revealed that a specialist from the security division of the "Nubarashen" Penitentiary introduced a micro device, a "Micromax" type mobile phone, into the penitentiary on April 2, 2020, and transferred it to an inmate. Regarding this incident, a criminal case was initiated under the first part of Article 308 and later investigated by the RA Investigative Committee.
During the investigation, the staff member admitted to transferring the mobile phone to the inmate, claiming that he had no material interest in doing so. It was discovered that no SIM card was inserted in the phone, and no calls had been made. On May 6, 2020, it was decided to terminate the proceedings due to the absence of criminal composition and not to pursue criminal charges.
However, given that the investigation confirmed the violation of established requirements by the officer, which is subject to appropriate assessment within disciplinary proceedings, the office of the General Prosecutor of the RA requested the head of the penitentiary to conduct an internal investigation.
As a result, it was reported that the officer had been dismissed by order of the head of the penitentiary. Moreover, following the review of the request, the head of the "Nubarashen" Penitentiary instructed a greater focus on the acceptance of packages and correspondence, on organizing visits, and ensuring proper searches and inspections. Additionally, special attention was directed towards discovering routes used for the infiltration of forbidden items and identifying individuals involved in such activities, ensuring cooperation between the security, operational, and other divisions of the institution.