What is Happening Around Amulsar: The Criminal Case has been Terminated

The Investigative Committee of the Republic of Armenia has been conducting investigative and procedural actions for a considerable time regarding possible abuses in the process of granting a mining permission for the Amulsar gold-bearing quartzite deposit in order to ensure a complete, objective, and multifaceted investigation of the case.

In order to verify the allegations of possible criminal actions by those involved in the permission granting process, numerous interrogations have been conducted, and extensive documents have been seized, obtained, and examined from state and non-state bodies. Based on the decisions made, corresponding operational-investigative actions have been undertaken. A comprehensive expertise in ecological, geological, hydrological, geophysical, chemical, construction-engineering, and economic areas has been assigned to experts from “Elard” and “T. A. R. S.” companies to clarify several circumstances of significant importance for the case.

On July 22, 2019, the conclusion of the aforementioned expertise was received, stating that the documents submitted by “Geotim” LLC (currently “Lydian Armenia”) to the authorized body of the Republic of Armenia, which later received a positive conclusion from the Environmental Impact Assessment Center, included deficiencies, underestimations, inaccuracies, and gaps in data regarding the exploitation of the Amulsar gold-bearing quartzite deposit.

In connection with these conclusions, “Lydian Armenia” has submitted its written objections. The contradictions that exist have prompted the examination of numerous normative legal acts active during that period, including the Law on Environmental Impact Assessment and Expertise of the Republic of Armenia (adopted on June 21, 2014) and the legal regulations concerning the establishment and approval of assessment methodologies in accordance with its provisions.

The preliminary investigation also revealed that discrepancies in arguments regarding the same environmental phenomena and related data were caused by the application of different methodologies during calculations and assessments, resulting in deep scientific disputes, as well as the absence of specific established standards and methodologies in Armenian legislation.

In order to eliminate the deficiencies in the legal procedures regulating the environmental impact assessment and expertise process, relevant documents have also been sent to the Ministry of Environment of the Republic of Armenia within the framework of this criminal case.

During the preliminary investigation, all necessary and possible investigative and procedural actions were undertaken; however, no factual evidence was obtained to indicate that criminal acts were committed when preparing the environmental impact assessment report, subjecting the report to expertise, or granting the permission for the exploitation of the deposit. Therefore, on December 21, 2021, a decision was made in accordance with Article 35, Part 1, Clause 2 of the Criminal Procedure Code of the Republic of Armenia to terminate the proceedings due to the absence of corpus delicti and not to initiate criminal prosecution against several individuals.

A copy of the decision has been sent to the Ministry of Environment and the Ministry of Territorial Administration and Infrastructure of the Republic of Armenia for addressing the gaps that emerged during the investigation and for resolving the issues at hand.