Charges Filed Against Ishkhan Zakaryan Without CEC and Parliament Approval

The Office of the General Prosecutor of Armenia has confirmed "Factinfo"'s information that former head of the Audit Office and current MP Ishkhan Zakaryan has been charged as part of an ongoing criminal investigation at the National Security Service (NSS).

It was reported days ago that a criminal case against Ishkhan Zakaryan, a member of the "I Have Honor" faction, had arisen due to the existence of this case, impacting Zakaryan's shift to a different political position. Authorities have indicated through special intermediaries that he must either exit the opposition faction "I Have Honor," through which he was elected, or face detention. Moreover, the matter was presented in a way that he would not resign his mandate and remain as an additional 'button presser' for politically significant votes for the authorities.

"Factinfo" submitted a written inquiry to the Office of the General Prosecutor to obtain an official statement concerning the criminal case and seek further details. Specifically, they inquired about the initiation date of the criminal case, the reasons behind it, whether charges had been filed against Zakaryan, and if the Prosecutor General had submitted a request to strip Zakaryan of his immunity.

It has been confirmed that Ishkhan Zakaryan has indeed been charged, and notably, this was done with gross procedural violations.

The Prosecutor's Office stated that materials regarding Ishkhan Zakaryan and others were sent to the NSS investigative department on September 17, 2020, where a criminal case was initiated on September 23, 2020, under Article 190, Part 3, Points 1 and 3 (money laundering in particularly large amounts using official position), Article 308, Part 2 (abuse of official powers leading to serious consequences), Article 310.1, Part 1 (illegal enrichment), and Article 314, Parts 1 and 2 (official forgery and submitting false information in declarations). According to the prosecutor's office, charges against Zakaryan were filed based on sufficient evidence obtained during the preliminary investigation, in accordance with Articles 38-308, Part 1, and Article 314, Part 1 of the Criminal Code, with a travel restriction measure imposed upon him.

Additionally, the Prosecutor's Office confirmed our information that during the investigation, a lien had also been placed on properties owned by Ishkhan Zakaryan.

The investigation continues. However, the most intriguing aspect is that charges were filed against Zakaryan after the snap elections of the National Assembly, when it was already clear he had been elected without the support of the Parliament. Furthermore, even the CEC did not give its consent.

In response to our question about whether the Prosecutor General would request waiving his parliamentary immunity, the Prosecutor's Office officially stated: "In cases of criminal investigation by the pre-trial authority, if appropriate grounds are present, the Prosecutor General submits a request for consent to initiate criminal prosecution against the deputy to the National Assembly in accordance with the procedures and conditions specified in the legislation of the Republic of Armenia. In this case, criminal proceedings against Ishkhan Zakaryan were initiated on July 19, 2021, before his registration as an MP and obtaining his mandate, according to Article 90, Part 2 of the Constitution of the Republic of Armenia regarding the beginning of the authorities' terms in the newly elected National Assembly."

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