New criminal cases initiated on the base of calls on electoral breaches in polling stations of Malatia-Sebastia administrative district

December 18, 2015

In the result of materials prepared on the base of calls on breaches recorded during referendum on Constitutional reforms held on December 6, 2015 received in the Investigative Division of Malatia-Sebastia administrative district of Yerevan Investigative Department of the RA Investigative Committee 3 more criminal cases were initiated on voting instead of another person and forging the voting results.

1. On December 17 the materials prepared in the police on the base of a call on voting instead of another person in polling station N 8/25 were received in the Investigative Division of Malatia–Sebastia administrative district.

On December 6, 2015 an article informing that in polling station N 8/25 located in the school N 112 the voter had voted twice and the election commission had not recorded the breach was published in the site “Transparency International” Anticorruption Center.

Materials were prepared in police station according to which on December 6, 2015 from 12:00 to 14:00 an unidentified person, approaching the member of the election commission of polling station N 8/25 Mayis Harutyunyan, gave his passport and the package to the latter to seal during which M. Harutyunyan found that there was already a stamp in the passport of the mentioned person and called the head of the commission Ara Dadayan. At that moment the person, who had approached M. Harutyunyan, left the polling station. The mentioned fact was recorded in the voting register of polling station N 8/25 by A. Dadayan.

Considering that in the prepared materials there are apparent features of crime envisaged by the Article 153 of RA Criminal Code a criminal case was initiated in the Investigative Division of Malatia-Sebastia administrative district. Investigation is conducted.

2. On December 14 the publication entitled “How the voting ballots for “Yes” were added after power supply had been stopped in polling station” inserted in news site “hetq.am” was received in the Investigative Division of Malatia-Sebastia administrative district from Prosecution Office of Malatia-Sebastia administrative district. On the base of the publication materials were prepared in the investigative division. It was found that after the end of voting time of referendum on Constitutional reforms held on December 6, 2015, during counting of votes in polling station N 7/14 in Malatia-Sebastia administrative district, the power supply was stopped in the polling station during which an unidentified person forged the voting results through adding new ballots to the ones on the table.
 

Considering that in the prepared materials there was a legal reason for initiation of a criminal case and sufficient base of crime envisaged by the Article 150 of RA Criminal Code, on December 17 a criminal case was initiated in the Investigative Division of Malatia-Sebastia administrative district according to the Article 150 of RA Criminal Code. At the same time a decision was made to send the criminal case to the RA Special Investigatory Service according to investigative subordination.

3. On December 14 the publication inserted in news site “Transparency International” Anticorruption Center, informing that the observer of polling station N 07/01, Ketkart Wills noticed that two sisters Hripsime and Gayane Hovsepyans had come to vote but there were signatures before their names, was received in the Investigative Division of Malatia-Sebastia administrative district from Prosecution Office of Malatia-Sebastia administrative district. The breach was not recorded by the commission. During preparation of materials in the Investigative Division of Malatia-Sebastia administrative district Hripsime Hovsepyan told that on December 6, 2015 at about 15:00 she attended polling station N 7/01 in Yerevan to take part in voting and noticed that there was already a signature before her name but there were not passport data. She informed about it one of the commission members who informed the head of commission a little later. Considering that in the prepared materials there was a legal reason for initiation of a criminal case, a criminal case was initiated in the Investigative Division of Malatia-Sebastia administrative district according to the Article 150 of RA Criminal Code. At the same time a decision was made to send the criminal case to the RA Special Investigatory Service according to investigative subordination.

Thus, 24 criminal cases on voting instead of another person in different polling stations are investigated in the investigative subdivisions of the RA Investigative Committee.  8 more criminal cases initiated in the RA Investigative Committee (5 criminal cases initiated according to the Article 150 of RA Criminal Code, 3 - according to the Article 149 of RA Criminal Code) were sent to the RA Special Investigatory Service according to investigative subordination.


  Note; According to the Article 190 of RA Criminal Procedure Code, investigation of electoral breaches specified in 4 articles of RA Criminal Code – Article 149 (Hindrance to the free implementation of the citizen’s right to elect, or hindrance to the work of the election or referendum commission, as well as, hindrance to the implementation of the authorities of the persons taking part in referendum), Article 150 (Forging the results of voting or referendum), Article 154.1 (Making false polling ballots or polling packages or dissemination of obviously false polling ballots or polling packages), Article 154.2 (Hindrance to free implementation of the citizen’s right to elect) shall be conducted by the investigators of the RA Special Investigatory Service.