Prosecutor General: Responsibilities and Promises

TH_Kostanyan Republic of Armenia’s Prosecutor General Gevorg Kostanyan.

Today, the Standing Committee on State and Legal Affairs of the Armenian National Assembly held a special session to discuss the multiple homicide that took place in Gyumri on January 12. The main suspect, Russian soldier Valery Permyakov is currently being held by the Russian military command at the 102d Russian Military Base.

The horrific crime sent shockwaves throughout the country and after the suspect was apprehended trying to cross the Armenia-Turkey border, he was taken into Russian custody. On January 14 and 15 protests took place in Gyumri demanding that Permyakov be handed over to the Armenian side and to stand trial in an Armenian court.

In an initial statement about the question of jurisdiction, the investigation process and eventual trial, Armenia’s Prosecutor General Gevorg Kostanyan, made reference to an article of the Constitution of the Russian Federation that states that they do not extradite their citizens to a foreign country. This enraged many in Armenia, who couldn’t understand why the country’s top prosecutor would refer to the Russian Constitution when the crime was committed on Armenia soil.

Following clashes and protests in Gyumri, Kostanyan carefully chose his words and promised that the trial would take place on “Armenian territory,” however, this didn’t necessarily mean in an Armenian court as there is a Russian Military Court in Yerevan. Kostanyan did give assurances under mounting public pressure that he would write to Russia’s Prosecutor General asking for the handover of the suspect to the Armenian side.

At the special session that lasted about two hours, Prosecutor General Gevorg Kostanyan presented his report and then answered questions by Members of Parliament.

“I promised that I would appeal [to the Russian Prosecutor General – Ed] and that is my responsibility and not a promise,” Gevorg Kostanyan announced during the session of the standing committee. Kostanyan was making reference to his usage of the term, “man’s word” on January 15 in Gyumri when demonstrators had demanded he appeal to his Russian counterpart to handover Permyakov to Armenian jurisdiction.

“Of course, I am obligated to appeal to Russia’s Prosecutor General, and of course I will do that, however appeals are not an end to themselves, they are realized at an appropriate stage with necessary and sufficient grounds. I will appeal at that stage, contingent upon the grounds, so that they do not become an end to themselves, therefore when I have all the sufficient grounds, I will do that, that is my responsibility,” Kostanyan said at the session.

“Regardless of the circumstances, regardless of whether or not there was a demand, whether or not this would be the subject of discussion or not, I am obligated to appeal to the Russian Prosecutor General. Perceptions of a man have been distorted in our society. I will appeal [to the Russian Prosecutor General – Ed], I need to have sufficient grounds. When I have them, I will appeal to him, rest assured,” he continued.

Kostanyan also stressed that it was unreasonable for Members of Parliament to expect that he would publicize facts, circumstances which, in his words, cannot be disclosed and are classified as part of the ongoing investigation. “It is not a reasonable expectation that I disclose classified information here, or publicize the future steps of the investigation. I will not nor can I disclose classified information. I would only be hurting the case,” Kostanyan said.

Below are some of the statements and questions asked by a number of Members of Parliament:

MP Nikol Pashinyan of the Armenian National Congress asked Kostanyan: “Were the Russian border guards obligated to inform the Armenian authorities…If they were obligated to, did they or didn’t they?” The Prosecutor replied, “You will have the answers to those questions.”

MP Zaruhi Postanjyan of the Heritage faction in parliament stated that the attempt by the suspect to cross the Armenia-Turkey state border was also a failure by Armenia’s National Security Services and an investigation must be launched. “Why do you allow complacency?” Postanjyan demanded.

MP Ruben Hakobyan of Heritage said that he would not be asking any questions to the Prosecutor. He said, “The state didn’t offer condolences to the people, nor announce a day of mourning.”

MP Alik Arzumanyan of the Armenian National Congress told the Prosecutor, “You have taken upon yourself something which is not your responsibility. We wanted to hold this session with the foreign minister and the leadership of the National Security Service.” He went on to add that since 1992, there has not been a single case of someone being handed over to another state after trying to pass the state border. “The bilateral treaty has been violated,” Arzumanyan declared.

MP Naira Zohrabyan of the Prosperous Armenia Party said, “Your report was a report of a priest and not of a prosecutor general.”

MP Sukias Avetisyan, member of the ruling Republican Party and originally from Gyumri said that a number of high-ranking Russian officers are responsible for what took place in Gyumri and that the Russian side has not yet done anything in this regard.

MP Artsvik Minasyan of the ARF-Dashnaktsutyun asked the Prosecutor General what his office is planning on doing to ensure that the concerns and assumptions of the public about a possible handover and ensuing court case don’t transform into convictions. The Prosecutor General’s response was convoluted and incomprehensible.

Background

In the early morning hours of January 12, six members of the Avetisyan family were shot in their home and their six-month-old infant Seryozha Avetisyan was stabbed. The accused is Russian soldier Valery Permyakov stationed at the 102nd Russian Military Base in Gyumri. Permyakov was apprehended by Russian military personnel trying to cross the Armenia-Turkey border. He is currently being held in custody at the Russian base. On January 14 and 15 protests took place in Gyumri and Yerevan demanding that the accused be handed over to Armenian authorities and to stand trial in an Armenian court. On January 19, Seryozha Avetisyan succumbed to his injuries and died in hospital in Yerevan. A requiem service for the infant took place on January 20 and on January 21, Seryozha Avetisyan was laid to rest beside the rest of his family.

The head of the Armenian Investigative Committee Aghvan Hovsepyan invited the head of the Russian Investigative Committee Alexander Bastrykin to come to Armenia. Bastrykin arrived in on January 20 to assist and oversee the joint investigation.

Dmitry Peskov, the spokesman of Russian President Vladimir Putin in an interview with Galatv.am said “Because he is a citizen of Russia, then it is natural that he will be tried according to Russian laws and by a Russian court. It is necessary to note that the leader of the Russian Investigative Committee is working in Gyumri and he has been tasked by the Russian president to work together with Armenian investigators. They are participating in the investigation and that is why the investigation is being realized together. However, there will be a Russian trial and for such a monstrous crime, Russian law is absolutely merciless.”