Today, Anna Vardapetyan, Prosecutor General of the Republic of Armenia, participated in the parliamentary hearings of the National Assembly of the Republic of Armenia under the topic “Issues and problems related to the situation, structure, dynamics, registration and detection of criminality, actual results of reforms in the Republic of Armenia during 2019-2024”.

In her speech Anna Vardapetyan referred to the numeric indicator of crimes registered in the Republic during 2019-2024, crimes committed with the use of weapon, drug smuggling and drug trafficking, motions on conducting official-related examination with regard to the persons carrying out inquest or preliminary investigation, disciplinary proceedings initiated against prosecutors, reports on subjecting judges to disciplinary liability, etc.

RA Prosecutor General stated:

“Numeric indicators of crimes registered in the Republic during 2019-2024 are as follows: 26.850 cases during 2019, 26.468 cases during 2020, 30.245 cases during 2021, 37.612 cases during 2022, 40.666 cases during 2023, 24.567 cases during January-August, 2024.

In other words, crime rate registered during 2023 increased by 13.816 or 51.4% compared with 2019.

I have often spoken about the legislative reasons of the abovementioned increase — among them, the change of the Criminal Procedure Code, pursuant whereof the threshold for initiating a proceedings was lowered and the cases that ended in document preparation phase in the past are now registered as reports on crime, the cases of sudden death were also criminalized (those cases were not registered as a crime under the Code adopted in 2003).

I have also mentioned that the absolute majority of recorded crimes are minor and medium gravity crimes, id est, those are crimes presenting less danger to public.

Althogh the number of grave crimes increased during 2019-2023 (1626 or 36.2%), the specific weight thereof in the total number of crimes decreased by 1.7%.

During the first 8 months of 2024 the number of registered grave crimes decreased by 437 or 11.6% compared with the reporting period of the previous year. The number of particularly grave crimes increased by 16 or 4.5%.

The number of particularly grave crimes amounted to 546 during 2023 (without the number of sudden deaths), thus it increased by 262 or 92.2% compared with 2019.

As Mr. Ghazaryan represented the dynamics of crime during 2019-2024, reasons of increase of crime cases and the indicators thereof, in my speech I would like to cover the statisctics of crimes committed with the use of weapon as well as crimes related to drug smuggling, committed during the first quarter of 2024, I would also like to represent the measures of prosecutorial intervention used to increase the effectiveness of their detection and investigation. In my speech I would also refer to the motions on conducting official-related examination with regard to persons carrying out inquest or preliminary investigation, disciplinary proceedings initiated against prosecutors, reports on subjecting judges to disciplinary liability as well as measures taken in the direction of ensuring reasonable terms for examination of criminal proceedings and cases.

75 cases of crime with the use of weapon were recorded during January-August 2024, the number increased by 36.4% compared with the reporting period of the previous year.

266 cases of drug smuggling were recorded during January-August 2024, the number increased by 86% compared with the reporting period of the previous year.

Although the number of drug trafficking cases amounted to 1946 during January-August 2024, that is the number decreased by 33.8% compared with the reporting period of the previous year, the latent nature of this crime and negative tendency of steady growth for years is still alarming.

Crimes committed with the use of weapon:

The dynamics of crimes committed with the use of weapon in the Republic during 2019-2023 are as follows: 

The increase of crimes with the use of weapon, including hooliganism and paralally the decrease of illegal weapon and ammunition circulation cases were analysed in the Prosecutor General’s Office. During the examination negative tendency of steady growth of these indicators was recorded.

On April 19, 2023, based on the results of abovementioned analysis, I submitted a letter to the  Minister of Internal Affairs suggesting to undertake measures for studying the situation and detecting and evaluating reasons and contributing conditions.

The Minister of Internal Affairs, informed by the response letter, dated May 30, 2023 that  necessary measures have been taken, specific assignments have been given to Yerevan city Department and regional departments of the Police to intensify the work directed at the detection of illegal circulation of weapon and ammunition. At the same time it was stated in the letter that measures are taken to register the individuals having the right to keep or bear a weapon as well as to ensure proper control of the lawful circulation of weapon, pursuant to the current legal regulations of the Republic of Armenia.

Drug smuggling and drug trafficking

The dynamics of crimes related to drug smuggling and drug trafficking in the Republic during 2019-2023 are as follows: 

The situation of supervision over legality of pre-trial proceedings regarding trafficking of drugs, psychotropic substances and their precursors through computers, social webpages and telecommunication applications during 2021-2022 was examined and summarized in the Prosecutor General’s Office in 2023.

As a result of examination of criminal proceedings it was found out that the payments for drugs and further disposition of paid cryptocurrency accounts are carried out by individuals in the territory of the Republic of Armenia engaged in the cryptocurrency exchange. Moreover, they were informed on the criminal origin  of the circulated cryptocurrency accounts and were directly involved in the legalization thereof.

On July 14, 2024, the Deputy Prosecutor General gave assignment to the territorial and other subdivisions of the Prosecutor’s Office aiming to ensure proper supervision over legality of pre-trial proceedings regarding the sale of drugs and other prohibited substances through information and telecommunication technologies based on the results of the summery. In particular, it was assigned to examine the amounts transferred to cryptocurrency accounts  provided for making payments after the sale of drugs as well as accounts related thereto, further movement and methods of disposition of abovementioned amounts, nature of relations between the individuals engaged in the cryptocurrency exchange, as well as to check the hypothesis of legalization of property of criminal origin and based on the results of the abovementioned examination initiate criminal proceedings regarding money laundering.

On September 20, 2024, the Prosecutor General’s Office submitted a letter to the Ministry of Internal Affairs and suggested to make stricter the toolkits of fight against  drug trafficking through information technologies.  

On July 31, 2024, Deputy Prosecutor General submitted written motions to Deputy Minister of Health and Head of the Penitentiary Service of the Ministry of Justice, for the purpose of reducing risk of drug trafficking in the penitentiary institutions of the Ministry of Justice. 

As a result of examinations carried out in the Prosecutor General’s Office, cases of drug trafficking by business entities carrying out pharmacy activities were revealed. As a result of criminal proceedings initiated on their basis on October 12, 2023 and March 27, 2024, Deputy Prosecutor General submitted a written motion to the Ministry of Health for discussing the issue related to the termination of activity of pharmacies. On November 15, 2023 and August 1, 2024, due to abovementioned discussions and by the order of the Minister of Health licenses of three pharmacies were terminated. 

On September 27, 2024, Deputy Prosecutor General submitted a written motion to the Head of the Police with suggesting to strengthen cooperation with state administration and local self-government bodies, local organization and institutions, educational institutions and natural persons in the direction of activating crime prevention activities among minors and strengthening supervision over the minors kept in record.

On September 27, 2024, Deputy Prosecutor General submitted a written motion to the Minister of Education, Science, Culture and Sports suggesting to review existing structures of raising awareness among the students of educational institutions about the negative consequences of drug trafficking and use.

Drug smuggling

Referring to the increase of drug smuggling cases, I would like to mention that  availability of equipment and logistics in the border crossing points is of primary importance, as it will allow the minimization of  possibility of drug transportation through the mentioned points.  

On February 28, 2024, Deputy Prosecutor General of the Republic of Armenia  submitted a written motion to the Deputy Chairman of the State Revenue Committee suggesting to furnish the waiting rooms of the customs control zones in a way that information on drugs and psychotropic (psychoactive) substances prohibited in Armenia were visibly represented for foreign citizens crossing the border of the Republic of Armenia.

Motions on conducting official-related examination with regard to the persons carrying out inquest or preliminary investigation, disciplinary proceedings initiated against prosecutors, reports on subjecting judges to disciplinary liability

During 2023 the prosecutors submitted 551 written motions on conducting official-related examination with regard to the offences committed by persons carrying out inquest or preliminary investigation and 41 individuals were subjected to disciplinary liability, 7 individuals to criminal liability as a result of the examination of the abovementioned written motions.

During the first quarter of 2024 the prosecutors submitted 68 written motions on conducting official-related examination with regard to the offences committed by persons carrying out inquest or preliminary investigation and 14 individuals were subjected to disciplinary liability, 1 individual to criminal liability as a result of the examination of the abovementioned written motions.

29 disciplinary proceedings were conducted against 41 prosecutors during 2023.

Shortcomings in the scope of the prosecutorial supervision and procedural governance during the preliminary examination of criminal proceedings constituted a basis for initiation of disciplinary proceedings as well as violations of substantive and procedural norms, requirements of the rules of conduct of a prosecutor, internal rules of labour discipline, etc.

• 9 Prosecutors shall participate in the extraordinary competency evaluation pursuant to the decision of the Prosecutor General.
• The shortcomings in the work of 8 prosecutors were discussed during the operational consultations
• “Reprimand” type of disciplinary penalty was applied against 10 prosecutors by the Prosecutor General;
• “Severe reprimand” type of disciplinary penalty was applied against 5 prosecutors by the Prosecutor General;
• “Demotion of position by one level” type of disciplinary penalty was applied against 1 prosecutor by the Prosecutor General;
• “Dismissal from office” type of disciplinary penalty was applied against 2 prosecutors by the Prosecutor General;
• 5 prosecutors were dismissed from their office based on their application;
• As a result of conducted disciplinary proceedings against 1 prosecutor the Ethics Commission under the RA Prosecutor General didn’t consider the fact of disciplinary violation confirmed.

During the first quarter of 2024 4 disciplinary proceedings were initiated against 5 prosecutors.

As a result of the disciplinary proceedings, by the decision of the Prosecutor General, “reprimand” type of disciplinary penalty was applied against 1 prosecutor and 4 prosecutors were released from the disciplinary liability taking into consideration the fact that they committed disciplinary violation for the first time, regretted and the disciplinary violations had no outcome.

During 2023 and the first quarter of 2024, the Prosecutor’s Office submitted 25 reports to the Minister of Justice on subjecting judges to disciplinary liability. They refused to initiate disciplinary proceedings in case of 13 reports, however another 12 disciplinary proceedings were initiated—2 proceedings are pending, 2 proceedings were dismissed and under 7 proceedings the Ministry of Justice submitted a motion to the Supreme Judicial Council on subjecting the judges to disciplinary liability.

As a result of examination of the abovementioned 7 motions, the Supreme Judicial Council dismissed 1 proceedings, 2 motions on subjecting to disciplinary liability were rejected, “warning” type of disciplinary penalty was applied against 2 judges, “severe reprimand” type of penalty against 1 judge and the powers of 1 judge were terminated.

In this context it must be highlighted that the cases of unsubstantiated delay of court sittings, appointment of court sittings after a long interval, as well as the cases when the judicial act is issued long after the promulgation of its final part and the offender is released from criminal liability or appointed punishment as the statute of limitation has expired, are always at the center of Prosecutor Office’s attention.

Measures undertaken at the direction of ensuring reasonable terms for examination of criminal proceedings and cases:

From 2022 on, in my annual reports I am always reffering  to the issue of ensuring the examination of criminal proceedings and cases within reasonable terms, as well as measures undertaken by the Prosecutor’s Office for resolving the mentioned issues. Detailed information can be found in the 2022 and 2023 reports. Let me just remind you my three assignments which are fulfilled by the prosecutors and in case of failure to fulfill the  said assignments prosecutors shall be subjected to disciplinary liability.

On March 3, 2023, an assignment was given to all subdivisions of the Prosecutor’s Office to exclude the cases of absence from the court sittings without a valid reason. Moreover the prosecutors were also assigned to ensure such proportionality of pending cases and assignments that will exclude the possibility of absence from court sittings due to a heavy workload.

On February 17, 2023 an assignment was given to all subdivisions of the Prosecutor’s Office to ensure that in the case of receiving a copy of the motion submitted by the supervising prosecutor to the body implementing the proceedings by the expert on providing basic data necessary for the examination, or in case such a motion is discovered as a result of examining the criminal proceedings, ensure the immediate and proper execution of the motion by the body conducting the proceedings.

On November 1, 2023 an assignment was given to all the subdivisions of the Prosecutor’s Office on ensuring the submition of responses to the motions by the body conducting the proceedings as soon as possible. 

Mr. Kocharyan

I would like to thank you and the Standing Committee on Defense and Security of the National Assembly for organization of such multy-stakeholder discussion.