201 reports on the alleged breaches made during referendum on RA Constitutional reforms held on December 6, 2015 (mass media publications, calls) were received in territorial investigative departments and divisions of the RA Investigative Committee. Materials were prepared, procedural decisions were made on them in the order defined by law. 

124 of 201 reports are related to the alleged breaches in Yerevan, 77 of them are related to those in regions.

The picture of the alleged breaches according to the administrative districts and regions is the following;

Kentron and Norq-Marash 28
Avan and Nor Norq 25
Malatia-Sebastia 22
Arabkir 15
Ajapnyak and Davtashen 11
Qanaqer-Zeytun 10
Shengavit 8
Erebuni and Nubarashen 5

Shirak 20
KOtayq 20
Lori 16
Aragatsotn 7
Ararat 4
Syuniq 3
Vayots Dzor 3
Gegharquniq 3
Armavir 1
Tavush 0

Through analyses of the received reports and mass media publications it was found that in 1839 out of 1997 precincts formed in the republic (92.1%) no report or call was received on electoral breaches during referendum. 

As of 13 December, 2015 12 criminal cases were initiated, initiation of criminal case on 135 cases was terminated. Currently, 49 materials are in process.

8 of 12 criminal cases were initiated on apparent crimes committed in Yerevan, 4 – in regions.

10 of initiated criminal cases are related to voting more than once or instead of another person (Article 153 of RA Criminal Code), 2 of them were on hindrance to implementation of authorities of electoral commissions, observers and mass media representatives.

The picture of the initiated criminal cases according to the administrative districts and regions is the following;

Yerevan city;

Kentron and Norq-Marash – 5 criminal cases (polling stations N 10/15, 10/14, 10/20, 9/12, Article 153, N 9/16, Article 149 of RA Criminal Code),

Avan and Nor-Norq – 1 criminal case (polling station N 2/32, Article 153 of RA Criminal Code),

Malatia-Sebastia – 1 criminal case (polling station N 8/08, Article 153 of RA Criminal Code),

Shengavit - 1 criminal case (polling station N 11/03, Article 153 of RA Criminal Code),

Regions

Kotayq – 1 criminal case (polling station N 26/29, Article 149 of RA Criminal Code),

Lori – 2 criminal cases (polling stations N 30/21, 29/25, Article 153 of RA Criminal Code),

Vayots Dzor – 1 criminal case (polling station N 39/39, Article 153 of RA Criminal Code),

2 criminal cases initiated pursuant to the Article 149 of RA Criminal Code and 3 materials were sent to the RA Special Investigatory Service according to investigative subordination.

According to the analyses made by the investigative body, most of the publications, reports and calls are related to electoral breaches, such as;

a)    Voting more than once or instead of another person (Article 153 of RA Criminal Code),

b)    Hindrance to implementation of authorities of electoral commissions, observers, mass media representatives).

There are also calls, publications on

• Pressure on commission members
• Offering and giving a bribe
• Stuffing
• Directing voters
• Gathering of people and cars near the polling stations
• Taking the voters to polling stations in cars
  
  

The analyses also testify that the reports submitted by the electoral commission members on electoral breaches are much less. On the other hand, most of the calls are mass media publications.

However, it is not every publication and call, that the circumstances mentioned in it complied with reality and can be a base for initiation of a criminal case.

For example, the publication “The Avetisyans murdered by Permyakov also voted” made on the base of a reader’s call does not comply with reality at all, and before the publication it was not difficult to check the lists fixed at the polling station that the names of the Avetisyans had been removed from them.

In some of the reports, publications and calls, cases of prohibiting to take photos, videos, to get acquainted with the information in the lists, to observe the signed lists were presented as hindrance to implementation of authorities of observers.

According to the Electoral Code the observers, representatives of mass media can take photos, videos of the whole process of voting without violating the right to voters’ confidentiality (Article 6), according to another article of Electoral Code (Article 11) the signed lists of the voters are not subject to publication, they shall not be copied, they shall not be taken photos and videos. It is natural, that the observer’s hindrance to such a “right” is legal and there can be no hindrance here.

For example, the head of precinct commission prohibited the observers to make notes from the list of polling station, it was not allowed to take videos of the signed lists in the polling stations N 30/28, 30/05, in Gyumri in the polling stations N 34/25, 34/04 and in Kotayq in the polling station N 25/19, either.

There are calls on stuffing (14/21, 14/15, 37/13, 27/45, 28/16), but nothing has been mentioned about it by the commission members, observers, mass media representatives, on the contrary, they have been denied.

In another publication it was mentioned that in Gyumri violence was used against Vahagn Khachatryan - the head of commission of polling station N 34/14 located in district Mush. The commission members and Vahagn Khachatryan excluded the mentioned circumstance; the latter also mentioned that he had not called any mass media.

These and similar circumstances testify that the number of publications, reports, calls does not comply with the number of electoral breaches.

Note; according to the Article 190 of RA Criminal Procedure Code, investigation concerning the electoral breaches specified in the articles of RA Criminal Code 149 (Hindrance to the free implementation of the citizen’s right to elect or to referendum, or hindrance to the work of the election or referendum commission), 150 (Forgery of elections or voting results), 154.1 (making false ballots or voting packages or dissemination of obviously false ballots or voting packages), 154.2 (hindrance to implementation of voter’s free will) shall be conducted by the investigators of the Special Investigative Service.

Criminal cases on the following electoral breaches shall be investigated by the investigators of the RA Investigative Committee;

Article 151 of RA Criminal Code (Dissemination of libelous information about a candidate, a party (association of parties) during elections),

Article 152 of RA Criminal Code (Breach of the procedure for compilation of voters lists),

Article 153 of RA Criminal Code (Voting more than once or instead of another person),

Article 154 of RA Criminal Code (Breaching the confidentiality of ballot),

Article 154.3 of RA Criminal Code (Not returning the seal of the electoral commission, breaching the established order of seal maintenance),

Article 154.4 of RA Criminal Code (Entering the polling station with a weapon),

Article 154.5 of RA Criminal Code (Hindering the proxy, member of electoral commission, observer and mass media representative to get acquainted with electoral documents, not giving the copies of records of electoral commission),

Article 154.6 of RA Criminal Code (Not implementing or improper implementation of authorities of the head of electoral commission)