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Decision Made to Involve Head of Goris Community as Defendant

22.12.2020 18:02

Investigation is conducted in General Department of Investigation of Particularly Important Cases of the RA Investigative Committee to find out all circumstances of abuse of official authorities, organizing illegal entrepreneurial activity, breach of rules for protection and use of the lithosphere, arrogation, infliction of willful medium-gravity damage to health, attempt to hold and organize protest with violation of the procedure established by law committed by the head of Goris community A. Arushanyan. It should be mentioned that by the decision of the investigative body the criminal cases investigated in the proceeding of the RA Investigative Committee on crimes allegedly committed by A. Arushanyan were combined in one proceeding.

In the result of large-scale investigatory and other procedural actions conducted during preliminary investigation a number of circumstances of the cases were found out.

Particularly, A. Arushanyan holding the position of the head of Goris community of Syunik province from November, 2017, being an official carrying out organizational-managerial and administrative functions, out of mercenary motives, used his official position against the service interests; in the name of an LLC belonging to him without an agreement, by using lithosphere he organized and managed entrepreneurial activity without special permission causing significant damage to legal interests of the community and society, environment and lithosphere.

Thus, aiming to engage in mining and mineral processing, the head of the community, first registered ownership of 0.555 ha of agricultural land within the administrative boundaries of Goris community then by the decision of Council of Elders of Goris community put it for auction the winner of which was his relative after which by the decision of the head of community and under the real estate contract of sale the above-mentioned land was alienated and ownership right was registered for the land of agricultural significance. Then in June, 2019 an LLC was founded in the name of the same relative of Arushanyan which actually belonged to the latter as well as was managed and controlled by him.    

Without signing an agreement on using lithosphere with the competent body the LLC not having permission to use lithosphere, without limit permissible emission permits and other necessary documents and without acquiring positive conclusion of the environmental impact assessment expertise, without change in the purpose of land, with violation of RA Laws “On Lithosphere”,  “On Environmental Impact Assessment and Expertise”, “Water Code”, Land Code” and other normative requirements regulating the field, from 2019 to 2020 at the administrative area of Verishen – in community’s land of  10275,8m2 in total, , other people’s lands of 9309,8m2 in total, in the land registered in his relative’s name and two more people’s lands of 9146m2 in total, illegal entrepreneurial activity organized and managed by Arushanyan was carried out that is illegal extraction, processing of 15382 m2 of sandy loam mass, thus causing damage of  619,232 AMD to the community land resources and environment, damage of 774,198 AMD to people, damage of 1,000,000 AMD envisaged by the RA Law “On State Duty”, 15,093,587 AMD envisaged by the RA Tax Code to the state. As a result, significant damage of 619,232 AMD was caused to legal interests of the community and society and environment, damage in particularly large amount - 16,867,785 AMD in total was caused to the people and state.

Besides, in order to get clarifications on deficit of 33,000,000 AMD recorded through inventory carried out in January-February, 2020 in another LLC which belonged to his family and to force to compensate the damage, in February, 2020 A. Arushanyan called the LLC employee to the company’s warehouse and during the meeting using physical violence and threatening to use violence demanded that the employee should give him his car of “Nissan Pathfinder” make, should put the apartment which belonged to the latter’s wife’s parents as collateral for the bank loan and give him the loan funds. In order to carry out his intention Arushanyan took the car key, technical passport, his passport as well as the documents of the above-mentioned apartment from the employee without taking the latter’s will into consideration, put the apartment as collateral. However, he could not complete the crime as collateral was not enough, as well as the employee had submitted a report on crime.

Besides, on August 28, 2020 together with his friends out of hooliganism he caused bodily injuries not dangerous for life to a resident of the community. Particularly, on the mentioned day the latter drove in his car of “Mercedes Benz” make in several streets of Goris and met the community head’s car of “Mercedes Benz 500”, he compulsorily bypassed the latter which made Arushanyan angry and he instructed to stop the car to get clarifications for allegedly not driving properly. A row erupted which turned into brawl during which two friends of community head held the young man’s hands and A. Arushanyan first hit him on the nose with a head then on the left eye after which he hit him on the face and different parts of his body , scolded, dragged and tore the license plate of the car.

Besides, through publication on his personal page of “facebook” social website A. Arushanyan willfully attempted to organize and hold a protest, violating the procedure established by law, in conditions of restriction of the right to freedom of protests due to the security of the society and the need to maintain public order, without written notification to the authorized body which was also disseminated through mass media. Pursuant to publication, the community head called the population of Goris to leave for the area called “Gates of Syunik” by cars from square after G. Tatevatsi and to ban the RA Prime Minister to enter Syunik province. However, he could not complete the crime under unforeseen circumstances as he was apprehended to Goris Division of the Police.

On the base of the obtained sufficient evidence a decision was made to involve A. Arushanyan as a defendant according to the Part 1 of the Article 308, Point 1 of the Part 3 of the Article 38-188, the Part 2 of the Article 38-291, the Part 2 of the Article 34-322, the Points 3 and 6 of the Part 2 of the Article 113 and the Part 1 of the Article 34-2251 of RA Criminal Code. A motion was submitted to court to use detention as a pretrial measure against him.

Note; Everyone charged with alleged crime offence shall be presumed innocent until proved guilty according to law. 

 

 

 


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