Criminal Report Not Accepted by Police in Due Process, Prosecutor's Office

Based on factual data received by the National Security Service of Armenia (NSS), it was substantiated during the preliminary investigation of a criminal case initiated and examined by the Special Investigation Service of Armenia (SIS) that resident K. M. of Berd city reported the theft of various items, including a hunting rifle registered in his name. He discovered that an unknown person had illegally entered the workshop in his yard by breaking the locks on its door. To report the crime, he immediately visited the Tavush division of the Armenian police and met with the head of the division, G. D.

The latter formally instructed his deputy, K. M., to take measures to locate the stolen hunting weapon and identify the perpetrator. However, realizing that there would be a significant chance of not solving the crime once it was recorded, and with the intention of not worsening the division's statistics, G. D. and K. M. abused their official powers by not registering the case according to the established procedure. Instead, at the request of the division head, the citizen submitted a statement claiming that he had not had his hunting weapon stolen but had lost it in the forest, thereby concealing the crime.

Subsequently, the citizen reported two more thefts occurring in the same manner at the same workshop to the head and deputy head of the Tavush police division each time. However, for the same selfish reasons, they ignored the citizen's calls to formally accept reports of the crimes and did not take any measures to keep the properties under observation, allowing the criminal to remain hidden.

During the preliminary investigation, the head of the Tavush police division, G. D., admitted guilt, expressed remorse, and provided self-incriminating statements as well as disclosures about his accomplices. Consequently, criminal prosecution against him was terminated based on his genuine remorse, and he was discharged from the police service. Meanwhile, the deputy head, K. M., did not plead guilty to the charges against him.

During the investigation, with the prosecutor’s consent, the investigator decided to suspend his position temporarily. The criminal case against him was sent to the first instance court of general jurisdiction in Tavush, which delivered a guilty verdict. The defense attorney subsequently filed an appeal, which was rejected, followed by a cassation appeal that was also dismissed.

This confirms that through a legally effective court decision, the violation of procedures related to the acceptance, registration, and processing of crime reports by the mentioned police officers has been established, as well as their failure to undertake the necessary criminal procedural and operational-search measures to uncover crimes and their perpetrators.

Given that this contributes to the increase in crime rates, fosters an atmosphere of impunity among criminals, and instills distrust in the law enforcement system among victims of crimes, the Prosecutor General's Office of Armenia has forwarded a letter to the Deputy Chief of Police, addressing these deficiencies, their causes, and contributing circumstances, as well as discussing the issue of suspending the deputy head of the Tavush division, K. M.