Berd Community Leader Arrested: Investigative Committee

The Investigative Committee of the Republic of Armenia has reported that extensive investigative and procedural actions carried out within the framework of a significant criminal case have uncovered several substantial circumstances related to the misappropriations committed by the acting head of the Berd community in the Tavush region.

During the pre-trial investigation, it was established and substantiated that, from November 2012, the person holding the position of Mayor of Berd, and after the amalgamation of communities in November 2017, the head of the Berd community, abused his official powers by committing official forgery. Acting out of personal and group interests, he utilized his official position against the interests of the service and the community, resulting in substantial damage to the rights and legal interests of the community.

Investigation revealed that from 2010 to 2012, while serving as the head of the power grid in the Berd region, the aforementioned community leader was aware of a private company’s intention to acquire a 3.3535 ha land plot owned by the “Jrmugkouygh” LLC in the Berd community, which was connected to him through family ties. According to a pre-arrangement with the owner of that company, a certain portion of the plot was to be transferred to his son. Illegally, he constructed an industrial building of 106.96 sq. m. and a warehouse of 236.66 sq. m.

In March 2012, the company won an auction and purchased the land from “Jrmugkouygh” LLC for 2,338,340 AMD, a plot already encumbered by illegally constructed buildings by the community leader. On September 11, 2013, a division of the plot was made by the company, and a land area of 3421 sq. m., burdened by the illegally constructed industrial building and warehouse, was registered as a separate property unit, without any reference to the illegal structures in the certificate of ownership.

Subsequently, with the involvement of his wife, who is the director of the aforementioned company, the deputy head of the Berd community, and the chief specialist of the community administration, the community leader engaged in a criminal agreement to legalize the illegal construction of the industrial building and warehouse in order to evade paying a state fee of 2,152,623 AMD. They created a construction permit, a legal document, allegedly permitting the company to carry out construction works on the new industrial building. He confirmed a false act prepared by members of the commission accepting the facility for operation, based on which the illegally constructed industrial building and warehouse were state-registered in the name of the company on October 14, 2015. On February 15, 2019, a real estate donation agreement was signed between the company and the community leader's son, through which the community leader's son received the land plot in the Berd community with its constructed facilities, causing significant damage of 2,152,623 AMD to the community's rights and legal interests and undermining the principles and objectives of community service.

Furthermore, the community leader was informed about the illegal construction of a supporting wall by his son on the land owned by him without proper construction permission, and as the community leader, he took no measures to eliminate or suspend the violations. Due to personal interest, he did not impose administrative penalties on his son in 2018, as provided by the RA Administrative Offenses Code.

Later, in August 2020, based on his son’s request, a study of the purpose of the taxpayer land of 0.06188 ha, belonging to his son, was conducted, and it was revealed that a part of the constructed supporting wall was on land belonging to the community. A report was submitted in the name of the community leader for initiating an administrative proceeding against his son for the illegal construction.

However, the commission responsible for reviewing the administrative cases recorded in their September 2020 meeting that the community leader’s son was not subject to administrative responsibility due to the expiration of the deadlines for administrative penalties, despite the fact that the RA Administrative Offenses Code stipulates that a person is subject to administrative responsibility within two months of the violation being revealed.

The investigation also obtained evidence indicating that the commission ignored the fact of illegal construction on the community’s land without a land use right, addressing only the unauthorized construction on his own land without construction permission. The community leader was aware of the illegal construction based on a 46.12 sq. m structure occupying the community-owned land of 92.2 sq. m; nevertheless, he did not fulfill his service responsibilities and recognized that illegal structure as a legal retaining wall in his decision dated April 19, 2021. Subsequently, he sold the occupied land plot of 92.2 sq. m. for 74,682 AMD. This resulted in his son avoiding legal responsibilities and the community losing its right to manage and possess its own land, further undermining the principles and aims of community service.

Additionally, from October 27, 2005, the community leader carried out construction of a roof for a structure of 51 sq. m. without making changes to the design or obtaining a new construction permit on a land plot registered in the name of him and his wife, and failed to take measures to eliminate and suspend the violations, thus again failing to impose the relevant legal responsibility in accordance with the Administrative Offenses Code.

To realize his aim, the community leader issued a decision on January 17, 2020, legalizing the unauthorized structure- roof of 51 sq. m. on the land owned jointly with his wife and obliging himself to pay 112,200 AMD to the local budget. Consequently, he misused his official position against the interests of community service and acted in favor of personal and group interests, thus causing significant damage to the community's interests.

The head of the Berd community has been arrested and presented to the prosecuting authority. Based on the gathered sufficient evidence, he has been charged under the first part of Article 308 (3 instances) and Article 314 of the RA Criminal Code, and a request has been filed to the court to apply arrest as a preventive measure, which has been granted. The investigation into the criminal case continues.

Note: The person suspected or accused of an alleged crime is presumed innocent until proven guilty by a court of law in accordance with the procedures established by the Criminal Procedure Code of the Republic of Armenia.