Accused in Dissemination of Panic Information among Defense Forces

The Office of the Prosecutor General of Armenia has conducted a comprehensive monitoring of media and social networks since September 27 to November 9, 2020, during the aggressive war unleashed by the military-political leadership of Azerbaijan against the Republic of Armenia and Artsakh, supported effectively by the Republic of Turkey. This monitoring aimed to gather data and facts regarding criminal manifestations related to the causes that led to the war and its catastrophic aftermath.

Given the unfortunate connections between the causes and effects of the war, and the necessity for an objective investigation into the realities and circumstances that led to it, numerous pieces of information collected during the monitoring process that evidently contained characteristics of various crimes were immediately sent to the relevant investigative bodies by the Prosecutor General's Office for verification and legal assessment.

As a result, extensive criminal cases are currently being investigated under appropriate and consistent prosecutorial oversight in the investigative department of the National Security Service (NSS), the military investigative main department of the Investigative Committee of Armenia, and the Special Investigation Service (SIS). Considering the restrictions imposed by the martial law regime and prioritizing public awareness, the following information is presented:

During the aggressive war unleashed on September 27, 2020, 882 criminal cases have been opened by the military investigative main department of the Investigative Committee regarding the commission of crimes against military service regulations by servicemen of the Republic of Armenia’s Ministry of Defense (MoD) and the Artsakh Defense Army. These include disobedience, desertion, and other violations of military duty.

Charges have been brought against dozens of individuals for these criminal acts. Investigative, procedural, and operational measures are being undertaken to identify other individuals who committed similar offenses, as well as to uncover the causes and circumstances of the events that occurred.

Operational measures carried out by the NSS have provided information that from the very first day of the war, certain civilians and military personnel have spread panic and misinformation about the predetermined outcome of the war and the futility of continuing resistance within the combat units of the Artsakh Defense Army. Criminal cases have been initiated concerning these facts, with preliminary investigations underway, including individuals who hold the status of accused.

On October 29, 2020, another criminal case was initiated in the NSS investigative department regarding the alleged refusal to perform military duties during the military operations that unfolded in the southern direction of the Republic of Artsakh, under Article 364, Part 3 of the Criminal Code of Armenia. The investigation is ongoing.

After an interview on November 19, 2020, with the former head of the military supervisory service of the MoD, Movses Hakobyan, at the “Manevyur” club, the recording was forwarded by the Prosecutor General to the Special Investigation Service for the preparation of materials following Articles 180-181 of the Criminal Procedure Code of Armenia.

As a result, on November 21, 2020, a criminal case was initiated under Article 308, Part 2 of the Criminal Code concerning actions taken by several high-ranking officials of the Republic of Armenia that violated a number of regulations in documents from the MoD, which had adverse implications for the combat readiness of the armed forces and affected the outcome of the war.

Applications directed to the Prosecutor General from leaders of certain political parties, lawyers, and other individuals regarding the offer of 5 billion drams were also immediately forwarded by the Prosecutor General’s Office to the investigative body to attach to the mentioned criminal case and scrutinize the circumstances present in them.

Furthermore, materials provided by Garnik Isaghulyan, the head of the National Security party, alleging that the former director of the NSS distributed 1,400 Armenian passports to Azerbaijani nationals through the department heads, and involving 400 Azerbaijanis crossing into Artsakh from Nakhichevan in relation to the 2018 revolution for USD 48 million received by Nikol Pashinyan and his team, were also sent to the SIS for the preparation of materials under Articles 180-181 of the Criminal Procedure Code.

Isaghulyan refused to provide explanations regarding the circumstances he mentioned, and the operational measures conducted by the police and NSS to verify the indicated circumstances did not yield any corresponding results. Consequently, a decision was made to deny the initiation of a criminal case due to the lack of a crime, which was followed by a criminal case initiated on the basis of false reporting.

As a result of continuous monitoring of mass media and social networks, a report was composed by mid-November 2020 indicating that a number of publications, posts, and videos contained claims and generalized information about the alleged intentional and planned surrender of the city of Shushi to the armed forces of Azerbaijan by the relevant units of the Artsakh Defense Army and volunteers, through baseless orders to retreat, and in certain cases, leaving positions without orders.

The report, along with accompanying videos and publications, was sent by the Prosecutor General to the NSS investigative department, with directives to clarify the presented data and to carry out comprehensive and proper legal assessments within the framework of the ongoing investigation under Article 364, Part 3 of the Criminal Code.

In order to ensure comprehensive, complete, and objective investigation of the circumstances of the criminal case, the prosecutor supervising legality over the preliminary investigation issued instructions on December 7, 2020, for relevant investigative and other procedural actions. On the same day, the Prosecutor General addressed the NSS director, requesting prompt implementation of the prescribed investigative and other procedural actions and to undertake measures aimed at clarifying significant circumstances relevant to the case in cooperation with the units conducting operational activities.

Within the context of this criminal case, numerous other related publications have also been sent by the Prosecutor General's Office to the NSS investigative department for thorough examination, particularly comments and witness statements made by a well-known Russian journalist covering the military operations in the southeastern directions of Artsakh. These have included public statements allegedly involving the President of Artsakh, and an interview dated December 12, 2020, with the former Secretary of the Security Council of Artsakh, Samvel Babayan.

In addition to the above, several criminal cases are also being investigated in the NSS investigative department and the military investigative main department of the Investigative Committee concerning the legality of transactions for the procurement of various arms, military gear and supplies, and food for the needs of the MoD, involving possible misappropriations or squandering by officials, fraud, official forgery, or instances of abuse of power or inaction. In these cases, the Prosecutor General's Office has initiated inquiries to examine statements and information disseminated in the media and on social networks that contain elements of crime concerning such processes, along with the supporting documents provided.

Comprehensive information on these criminal proceedings will be provided separately in the future. Within the scope of all ongoing investigations, a special focus will be placed on the impact of reported criminal manifestations on the final results of the war.