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Preliminary Investigation of Part on three Defendants Separated from Case on Using Violence against Head of Executive Body of «Harsnaqar» Restaurant-Hotel Complex, Depriving him of Freedom, Property Completed

21.01.2021 10:15

Preliminary investigation of the part separated from the criminal case initiated on apparent arrogation, illegal deprivation of freedom, causing strong physical pain, strong mental suffering as well as extortion committed by Ruben Hayrapetyan, his son and the latter's friends against the head of the executive body of «Harsnaqar» restaurant-hotel complex owned by Ruben Hayrapetyan's family, was completed in General Department of Investigation of Particularly Important Cases of the RA Investigative Committee.

Pursuant to factual data obtained through investigation, since August 27, 2015 30 year-old resident of Yerevan had been working in “Harsnaqar” restaurant-complex of “Noralusin” LLC owned by Ruben Hayrapetyan’s family located in Gegharkunik province  as the head of the executive body.

From 20 January, 2016 to May 27, 2016 the latter received a loan of 57.500.000 AMD in total through three loan agreements from “Armenian Development Bank” OJSC owned by the Hayrapetyans. A part of the amount - 18.470.000 AMD was spent to provide the natural activity of the restaurant-hotel complex by direct transfers from the bank account, 39.030.000 AMD was cashed by him 20.000.000 AMD of which was used by him for his own business – to found a taxi service without informing the owners of the complex about it. At the same time he fulfilled credit obligations properly and the rest of the amount covered the expenses of “Noralusin” LLC.

Rafik Hayrapetyan and his father Ruben Hayrapetyan learning that he had received the mentioned loans in the name of «Noralusin» LLC, had spent a part of the amount - 20.000.000 AMD for his personal needs without informing them, had spent 18.470.000 AMD to provide the natural activity of the restaurant-hotel complex by direct transfers from the bank account, with prior agreement with Rafik Hayrapetyan’s friends, for the purpose to get 57.500.000 AMD, from July 26, 2016 deprived the young man of freedom against his will, kept him in a cottage and several rooms of «Harsnaqar» restaurant-hotel complex and took his mobile phone depriving him of opportunity to make phone calls without their permission, using violence not dangerous for his life and threatening to use violence dangerous for life and health, causing strong physical pain and mental suffering, periodically, for a long time – until August 18, 2016 hit him on different parts of his body with blackjacks, hands and feet. 

In the meantime – on July 26, 2016 Rafik Hayrapetyan in his car took the young man to the yard of their house located in Babajanyan Street of Yerevan where his father Ruben Hayrapetyan scolding and slapping him twice demanded that he should pay 120.000 USD tantamount to 57.138.000 AMD which also included 18.470.000 AMD spent on the needs of the LLC. On the same day the young man was taken back to the area of «Harsnaqar» in Sevan. Next day Ruben Hayrapetyan went to the area of «Harsnaqar» complex, instructed to bring him to him – to the director's room where scolding in his son's presence, hit the young man with electric shock on his face again demanding 120.000 USD. In the result of violent actions committed by Ruben Hayrapetyan and others the young man was caused strong mental suffering, as well as strong physical pain during which bodily injuries not containing elements of light damage was willfully caused to his health.

In order to prevent the young man’s escape Rafik Hayrapetyan together with Ruben Hayrapetyan instructed the group members to take turns guarding him at the area of the complex. In the mentioned period using psychological violence they forced the young man with the status of a director to clean the area of the complex in the presence of other employees thus aiming to humiliate him.

Rafik Hayrapetyan together with his accomplices, causing strong physical pain and strong mental suffering, forced the young man to phone and call his family members to “Harsnaqar” restaurant-hotel complex temporarily giving him his mobile phone.

On July 26 and on following days the latter's family members, friends and girl-friend came to «Harsnaqar» restaurant-hotel complex. Rafik Hayrapetyan with prior agreement with Ruben Hayrapetyan demanded 57.500.000 AMD from the young man and his family members committing extortion in particularly large amount - 18.470.000 AMD, as well as by breach of legally established procedure, using violence and threatening to use violence arbitrarily exercised his and his father’s actual and perceived rights demanding 39.030.000 AMD more.

Considering the threats dangerous for young man’s life and health real the young man gave Rafik Hayrapetyan 25.000 AMD, golden ring worth 70.000 AMD, golden necklace worth 210.000 AMD, golden bracelet worth 500 USD tantamount to 238.075 AMD, car of «Nissan X Trail» make worth 3.000 USD tantamount to 1.428.450 AMD, which was sold for the mentioned price, the car of «Nissan Murano» make bought for 2.000 USD tantamount to 952.300 AMD which Rafik Hayrapetyan returned to the former owner of the car and took back 2.000 USD given as prepayment withdrawing from the required amount, mobile phone of «IPHONE 6» model worth 300.000 AMD, 350.000 AMD available in bank cards, his friend gave 10.000 USD, the family members sold their golden jewelry, cars of taxi service and the amount generated together with the amount given by the friend - 38.300 USD tantamount to 18.236.546 AMD and 240.000  AMD, four brand glasses worth 160.000 AMD personally as well as mediated by group members were given to Rafik and Ruben Hayrapetyans.  The young man’s girl-friend gave them the TV set worth 70.000 AMD and golden jewelry worth 450.000 AMD bought by her boy-friend as a gift.

In the meantime – on August 13, 2016 he was taken to Registration and Investigation Division of the RA Police to perform the sale and purchase of the cars registered in his name. On another day he was taken to Yerevan to receive loans from loan organizations after which he was again taken to “Harsnaqar” complex where he was kept deprived of freedom.

Father and son Hayrapetyans also demanded that they should give them the house of the young man’s grandmother located in Yerevan constructed illegally and the legalization process required for registration was organized through their mediation. On October 18, 2016 the ownership right to the mentioned house was registered in the name of the Hayrapetyans’ relative then after paying the rest of the mentioned loans received in the name of “Noralusin” LLC, based on a formal agreement on sale and purchase the house was registered in the name of another person.

On August 15, 2016 by Rafik Hayrapetyan’s decision the young man was dismissed from job and on August 18 was released. At the beginning of October, 2016 by Ruben Hayrapetyan’s instruction the young man was taken from his house to technical center of the football federation - football academy located in Yerevan where going on with his criminal actions Ruben Hayrapetyan in the presence of a group of people demanded that he should vacate the above-mentioned house, pay the rest of the required money as soon as possible threatening to send his sister to Qatar for prostitution.  

Through above-mentioned criminal actions Rafik Hayrapetyan and his accomplices deprived the young man and his family of the only shelter as well causing significant damage to their rights and legal interests.

On the base of the obtained sufficient evidence charge was pressed against Rafik Hayrapetyan according to the Points 3, 5 of the Part 2 of the Article 119 (causing strong physical pain and mental sufferance), the Points 1, 2, 7 of the Part 2 of the Article 133 (illegal deprivation of freedom), the Point 2 of the Part 3 of the Article 182 (extortion) and the Part 2 of the Article 322 (arrogation) of RA Criminal Code. Charge was pressed against his two friends according to the Point 5 of the Part 2 of the Article 119, the Points 1, 2, 7 of the Part 2 of the Article 133 and the Part 2 of the Article 322 of RA Criminal Code. Signature not to leave was used as a pretrial measure against them.

The part on the mentioned three defendants was separated in a separate proceeding, preliminary investigation was completed and the criminal case with the bill of indictment was sent to prosecutor.

A decision was made to involve Ruben Hayrapetyan as a defendant according to the Points 3, 5 of the Part 2 of the Article 119, the Points 1, 2, 7 of the Part 2 of the Article 133, the Point 2 of the Part 3 of the Article 182 and the Part 2 of the Article 322 of RA Criminal Code, to involve two more friends of his son as a defendant according to the Point 5 of the Part 2 of the Article 119, the Points 1, 2, 7 of the Part 2 of the Article 133 and the Part 2 of the Article 322 of RA Criminal Code. Detention was chosen as a pretrial measure against them and search was declared.

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

 

 


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