30 criminal cases on breaches made during referendum on Constitutional reforms held on December 6, 2015 are investigated in the proceeding of territorial subdivisions of the RA Investigative Committee. They are related to calls on voting more than once or instead of another person.

Necessary investigatory and procedural actions are conducted to provide the objective, comprehensive and complete investigation of each case, to confiscate the voter lists, voting registers of the polling stations, if necessary, to commission expertise to find significant circumstances. On the base of the evidence obtained in the framework of the criminal cases under investigation charge was pressed against two persons for voting instead of other persons in polling stations N 39/39 and N 8/08. The RA Investigative Committee will periodically provide information on procedural decisions made on the base of investigation results.

Below is brief information on criminal cases investigated in the proceeding of the RA Investigative Committee;

1. On December 6, at about 13:00 a call was received informing that during the referendum on Constitutional reforms the resident of the village of Zaritap, Vayots Dzor region, V. Stepanyan attempted to vote instead of his brother in the polling station N 39/39 located in the same village.

During preparation of materials in Vayots Dzor Regional Investigative Department it was found that the resident of the village of Zaritap, V. Stepanyan on December 6, 2015 at about 11:00 took part in referendum on Constitutional reforms in the polling station N 39/39 located in the same village. A while later at about 12:30 he attended the same polling station to vote instead of his brother and voted.

The allegation that he had voted instead of another person was found by the head of the commission of the polling station. A criminal case was initiated in Vayots Dzor regional Investigative Department of the RA Investigative Committee according to the Article 153 of RA Criminal Code. Preliminary investigation is conducted. On the base of the obtained evidence charge was pressed against V. Stepanyan according to the Article 153 of RA Criminal Code.

2. On December 6, 2015 at 16:10 the resident of Vanadzor S. Soghomonyan submitted a written report informing that on the same day at 14:50 she attended the polling station N 30/21 located at 49 Nizam, Vanadzor to take part in the voting in referendum on Constitutional reforms but she found that an unidentified person had voted instead of her parents and brother.

On December 6, 2015 a criminal case was initiated in Lori Regional Investigative Department of the RA Investigative Committee according to the Article 153 of RA Criminal Code.

Preliminary investigation is conducted.

3. On December 6, 2015 at 16:30 a report was inserted in the website “hcav.am” by Helsinki Citizens’ Assembly Vanadzor Office informing that a case of voting more than once was noticed in polling station N 29/25 of Spitak town, Lori region by the observers of the same office.

During preparation of materials a written report was submitted by the commission member of polling station N 29/25, Liana Davtyan informing that on December 6, 2015 at about 16:00 during referendum on Constitutional reforms an unidentified person entered the mentioned polling station and attempted to drop the papers in his hand into the ballot box. However, he could not accomplish the crime under unforeseen circumstances as the commission member Liana Davtyan had noticed.

Considering that in the materials prepared on the base of the report there are features of crime envisaged by the Article 34-153 of RA Criminal Code, a criminal case was initiated in Spitak Investigative Division of Lori Regional Investigative Department of the RA Investigative Committee according to the Article 34-153 of RA Criminal Code. Preliminary investigation is conducted.

4. On December 6 a report and photos were published in the site of “Transparency International Anticorruption Center” informing that “The person in the photo dressed in different clothes voted twice” in polling station N 11/03.

A criminal case was initiated by the Prosecution Office of Shengavit administrative district on the alleged breach according to the Article 153 of RA Criminal Code (voting more than once or instead of another person) preliminary investigation of which is conducted in the Investigative Division of Shengavit administrative district of Yerevan Investigative Department.

5. On December 6 a publication was inserted in the site of “Transparency International Anticorruption Center” informing that in the polling station N 10/15 while signing in the voter list the voter noticed that there were signatures before the names of his brother and brother’s wife, however the commission refused to record the breach.

During preparation of materials the data of the voters who were involved in the voter lists of the polling station N 10/15 and instead of which, according to the report, somebody else had voted, were found.

A criminal case was initiated according to the Article 153 of RA Criminal Code. It was found that the persons who had participated in referendum and signed before the names of Lusik and Ruben Harutyunyans had been registered by the commission member Gor Tumanyan. Preliminary investigation is ongoing.

6. On December 6, 2015 in the news site “newsbook” there was a publication entitled “Breach in polling station N 10/14; a signature before elderly woman’s name”.

Through investigation conducted on the base of the report it was found that the voter of the polling station N 10/14 Zhenya Ghasaboghlyan attended the polling station and found that in the voter list there was a signature of another person before her name.

A criminal case was initiated according to the Article 153 of RA Criminal Code. Investigation is conducted.

7. On December 6, 2015 a writ was received in the Investigative Division of Kentron and Norq-Marash administrative districts of Yerevan Investigative Department of the RA Investigative Committee from Prosecution Office of Kentron and Norq-Marash administrative districts informing that the Deputy of the RA National Assembly Levon Zurabyan called the RA Prosecutor General’s Office and informed that another person had voted instead of a family in the polling station N 10/20. During preparation of materials in the investigative division the persons mentioned in the report were identified who were the voters of the polling station N 10/20 Lusine Aslanyan, Mariam Demirchyan and Anahit Harutyunyan; in the voter list there were signatures before the names of these persons, according to the report other persons had voted instead of them. A criminal case was initiated according to the Article 153 of RA Criminal Code. Investigation is conducted.

8. The criminal case initiated on voting instead of another person by the acting prosecutor of Kentron and Norq-Marash administrative districts was received in the Investigative Division of Kentron and Norq-Marash administrative districts of Yerevan Investigative Department of the RA Investigative Committee.

On December 6, 2015 a publication and video entitled “Journalist of “Zhoghovurd” daily newspaper voted instead of another person; journalistic investigation” were inserted in “armlur.am” news site. According to prosecutor’s assessment there are features of apparent crime in the materials prepared on its base.

According to the decision on initiating a criminal case made by the prosecutor, the factual data obtained during preparation of materials on the mentioned case testify that the journalist voted in the polling station N 9/12 of administrative districts of Kentron and Norq-Marash administrative districts of Yerevan.

In the prepared materials and the mentioned video “there are apparent features of supporting voting more than once or instead of another person through submitting false documents, telling false data or in another way” and a criminal case was initiated by the prosecutor according to the Article 38-153 of RA Criminal Code.

The criminal case was received in the Investigative Division of Kentron and Norq-Marash administrative districts for preliminary investigation.

9. On December 6, 2015 a publication was inserted in news site “hetq.am” which said that Hasmik Rafayelyan with her mother and sister went to polling station N 8/08 to take part in referendum. There they found that somebody else had already voted instead of them; there were passport data and signatures of other persons.

A criminal case was initiated in the Investigative Division of Malatia-Sebastia administrative district according to the Article 153 of RA Criminal Code.

In the result of investigatory actions conducted in the framework of the criminal case sufficient evidence were obtained on the allegation that the commission member of the same polling station had voted instead of the mentioned persons.

According to preliminary investigation data, during referendum on Constitutional reforms held on December 6, 2015 the member of the commission of polling station N 8/08 V. Ateyan had written invented passport data before the names of the voters of the same polling station Hasmik Rafayelyan, Siranush  Rafayelyan and Sandukht Rafayelyan, signed instead of them in the register book then cast three ballots in the ballot box thus voting instead of other persons.  

On the base of the obtained evidence charge was pressed against V. Ateyan according to the Article 153 of RA Criminal Code.

Preliminary investigation is ongoing.

10. On December 6, 2015 a call was received informing that the residents registered in the apartment 9, building 9, Nor Norq had been deprived of the right to participate in referendum as somebody else had already voted instead of them.

During preparation of materials in the Investigative Division of Avan and Nor Norq administrative districts it was found that on December 6, 2015 at about 18:30 M. Papazyan, H. Demirchyan and T. Barseghyan, registered in the same apartment, went to polling station N 2/32 to participate in referendum. There they found that there were signatures before their names. The mentioned three voters left the polling station without voting.

On December 12 a criminal case was initiated in the Investigative Division of Avan and Nor Norq administrative districts according to the Article 153 of RA Criminal Code.

11. The publication on the allegation that cases of voting instead of another person were recorded in polling station N 03/06 during referendum on Constitutional reforms inserted in the site “asparez.am” was received in the Investigative Division of Qanaqer-Zeytun administrative district. A video on the mentioned electoral breach was also inserted in the same site.

Considering that in the materials, prepared on the base of the publication, 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 Qanaqer-Zeytun administrative district.

Investigation is conducted to find the circumstances of the case, as well as to identify the person having committed the apparent crime.

12. On December 6, 2015 information was received from Police Headquarter of Yerevan in Police Station of Arabkir informing that an unidentified person had voted instead of another person. Necessary measures were taken in the Investigative Division of Arabkir administrative district to find the circumstance mentioned in the report, to identify the person instead of whom somebody else had voted. During preparation of materials citizen Gayane Gyulnazaryan submitted an explanation and a report informing that she had gone to polling station N 4/26 to take part in referendum on Constitutional reforms held on December 6, 2015 where she found that somebody else had voted instead of her.

A criminal case was initiated in the Investigative Division of Arabkir administrative district according to the Article 153 of RA Criminal Code. Preliminary investigation is conducted.

13. On December 6, 2015 information was received from Police Headquarter of Yerevan in Police Station of Arabkir informing that an unidentified person had voted instead of another person in polling station N 5/21. On the base of the call materials were prepared in the Investigative Division of Arabkir administrative district during which the voter of the mentioned precinct Artashes Tarkhanyan submitted an explanation telling that he had gone to polling station N 5/21 to take part in referendum on Constitutional reforms held on December 6, 2015 where he found that somebody else had already voted instead of him. A criminal case was initiated according to the Article 153 of RA Criminal Code. Preliminary investigation is conducted.

14. On December 6, 2015 information was received from Police Headquarter of Yerevan in Police Station of Arabkir informing that an unidentified person had voted instead of another person in polling station N 5/21 located at 29, V. Papazyan. During preparation of materials Albert Simonyan submitted a report and explanation informing that during referendum on Constitutional reforms held on December 6, 2015 an unidentified person had voted instead of him in polling station N 5/21 located at 29, V. Papazyan, Yerevan.

On the base of the prepared materials a criminal case was initiated according to the Article 153 of RA Criminal Code. Preliminary investigation is conducted.

15. On December 6, 2015 information was received in Police Station of Arabkir informing that an unidentified person had voted instead of V. Danielyan in polling station N 5/21 located at 29, V. Papazyan. During preparation of materials V. Danielyan submitted a report and explanation informing that on December 6, 2015 he attended his polling station to take part in the referendum on Constitutional reforms and found that somebody else had voted instead of him in polling station N 5/21 located at 29, V. Papazyan, Yerevan.

On the base of the prepared materials a criminal case was initiated according to the Article 153 of RA Criminal Code. Preliminary investigation is conducted.

16. On December 7, 2015 citizen Viktoria Avakova called “Hot Line” service of the RA Police and informed that somebody else had signed before her name in the voters list of polling station N 5/30. During preparation of materials in the Investigative Division of Arabkir administrative district Viktoria Avakova submitted a report and explanation informing that she had gone to polling station N 5/30 to take part in referendum on Constitutional reforms held on December 6, 2015 where she saw that somebody else had signed before her name in the voters list.

On the base of the prepared materials a criminal case was initiated according to the Article 153 of RA Criminal Code. Preliminary investigation is conducted.

17. On December 6 a publication was inserted in the news site “hetq.am” informing that during referendum on Constitutional reforms a case of voting instead of another person was recorded in polling station N 03/12. During preparation of materials on the base of the call in the Investigative Division of Qanaqer-Zeytun administrative district citizen Roza Sargsyan submitted an explanation telling that she lived in old people’s home but she was registered in her  uncle’s house. On December 6 she went to polling station N 03/12 to take part in voting and found that somebody else had already voted instead of her. Besides, she found that somebody else had also voted instead of her brother, brother’s wife and their daughter who had been living abroad for about 4 years.

Considering that in the prepared materials there are apparent crime features envisaged by the Article 153 of RA Criminal Code, a criminal case was initiated in the Investigative Division of Qanaqer-Zeytun administrative district according to the Article 153 of RA Criminal Code.

18. On December 6, 2015 a call was received in “Hot line” service of the RA Police informing that a case of voting instead of another person had been recorded in polling station N 03/24.

During preparation of materials in the Investigative Division of Qanaqer-Zeytun administrative district the voter of the same polling station Manvel Tadevosyan submitted an explanation informing that he had gone to polling station N 03/24 to take part in voting in referendum on Constitutional reforms held on December 6 where he found that somebody else had already voted instead of him, his sister and mother. He also noticed that somebody else had voted instead of his neighbors – father and daughter Aleqsanyans who had been living in Sweden for about 25 years.

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 Qanaqer-Zeytun administrative district pursuant to the Article 153 of RA Criminal Code.

19. The publication inserted in the site “asparez.am” informing that a case of voting instead of another person had been recorded in polling station N 03/02 was received in the Investigative Division of Qanaqer-Zeytun administrative district.

During preparation of materials citizen Marietta Khachatryan submitted an explanation telling that on December 6 she went to polling station N 03.02 to take part in voting and found that somebody else had already voted instead of her and her daughter.

A criminal case was initiated according to the Article 153 of RA Criminal Code.

20. On December 6 the copy of the article entitled “Somebody else voted instead of a citizen in Gyumri” published in news site “tsayg.am” was received in Shirak Regional Investigative Department of the RA Investigative Committee. During preparation of materials it was found that another citizen, who voted through identification card, had signed in the voters list before the name of the voter of polling station N 35/37 Nazeli Baghdasaryan.

Considering that in the materials there are apparent features of crime envisaged by the Article 153 of RA Criminal Code a criminal case was initiated in Shirak Regional Investigative Department according to the Article 153 of RA Criminal Code on voting instead of another person.

21. On December 6 the copy of the article entitled “Voting instead of a person who is in RF” published in news site “galatv.am” was received in Shirak Regional Investigative Department of the RA Investigative Committee informing that somebody else had voted instead of a person who was in the Russian Federation. During preparation of materials in the investigative department it was found that before the name of Ashot Harutyunyan involved in the voters list of polling station N 35/28 a signature and passport data were found by the latter’s brother.

Considering that in the materials there are apparent features of crime envisaged by the Article 153 of RA Criminal Code a criminal case was initiated according to the Article 153 of RA Criminal Code on voting instead of another person.

22. On December 6, 2015 the article entitled “Citizens’ newsfeed according to “Citizen Observer” initiative” published in news site “asparez.am” was received in Shirak Regional Investigative Department of the RA Investigative Committee on the base of which materials were prepared. It was found that on December 6, 2015 the voter of polling station N 35/35 A. Matevosyan went to the mentioned polling station to take part in voting in referendum on Constitutional reforms and noticed that there were data on participating in elections before the name of his son Hovhannes Matevosyan who was involved in the voters list and was in the Russian Federation.

Considering that in the materials there are apparent features of crime envisaged by the Article 153 of RA Criminal Code a criminal case was initiated according to the Article 153 of RA Criminal Code.

23. In the result of examination of the article entitled in the same way “Citizens’ newsfeed according to “Citizen Observer” initiative” published in news site “asparez.am” on December 6, 2015 materials were prepared  on voting instead of another person in polling station N 34/06. It was found that somebody else had voted instead of Susanna Gevorgyan involved in the voters list of polling station N 34/06, her relatives Gagik and Vaghinak Gevorgyans who were not in Armenia.

Considering that in the materials there are apparent features of crime envisaged by the Article 153 of RA Criminal Code a criminal case was initiated according to the Article 153 of RA Criminal Code.

24. 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.

25. On December 17 the criminal case initiated in police station on voting instead of another person in polling station N 34/19 was received in Shirak Regional Investigative Department of the RA Investigative Committee.

On December 6, 2015 the publication entitled “Gyumri; Your absent relatives have already “voted” was inserted in the news site “civilnet.am”. According to the publication the voters of polling station N 34/19 “find that their relatives who are not in Armenia have already voted”. During preparation of materials in the police it was found that on December 6 the voter of polling station N 34/19 R. Grigoryan went to the polling station to vote where he found that somebody else had voted instead of his daughter-in-law whereas she was not in Armenia. Besides, he noticed that there were passport data before the names of the other two members of the family. R. Grigoryan voted, however being angry about what had happened he forbade other members of the family to go voting.

 
On the base of the prepared materials a criminal case was initiated in Police Station Mush of Gyumri according to the Article 153 of RA Criminal Code preliminary investigation of which is conducted in Shirak Regional Investigative Department.

26.   On December 17 the criminal case initiated in police station on voting instead of another person in polling station N 34/01 was received in Shirak Regional Investigative Department of the RA Investigative Committee.

On December 6, 2015 the publication entitled “Absent persons go on participating in voting actively” was inserted in the news site “galatv.am”. During preparation of materials it was found that on December 6 the voter of polling station N 34/01 R. Matilyan went to the polling station to vote where he found that somebody else had voted instead of him.

A criminal case was initiated on voting instead of R. Matilyan in Police Station Mush of Gyumri according to the Article 153 of RA Criminal Code preliminary investigation of which is conducted in Shirak Regional Investigative Department.

27. On December 18 the criminal case initiated on voting instead of another person in polling station N 34/38 was received in Shirak Regional Investigative Department.

On December 7, 2015 the article entitled “Newsfeed of meeting by “Citizen Observer” Initiative” was received in Kumayri Police Station of Gyumri according to which somebody else had voted instead of another person in polling station N 34/38 and the breach had been recorded by the commission.

On the base of the call materials were prepared in Kumayri Police Station of Gyumri during which it was found that on December 6, 2015 the voter of the polling station N 34/38 L. Grigoryan went to the polling station to vote where she noticed that there were passport data and a signature before her husband’s name whereas her husband was in the Russian Federation.

A criminal case was initiated according to the Article 153 of RA Criminal Code and the criminal case was sent to Shirak Regional Investigative Department according to investigatory subordination.

 
28. On December 23 materials prepared in Police Station of Nor Norq on the base of the publication entitled “Somebody else has voted instead of the member of “Bright Armenia” Mane Tandilyan” inserted in news site “1in.am’’ were received in the Investigative Division of Avan and Nor Norq administrative districts.

It was found that on December 6 the voter of polling station N 1/07 Mane Tandilyan went to the polling station to vote where she found that somebody had already signed instead of her and she declared about it. A protocol was made on the case and M.Tandilyan left the polling station.

On the base of the prepared materials on December 25 a criminal case was initiated in the Investigative Division of Avan and Nor Norq administrative districts of Yerevan Investigative Department of the RA Investigative Committee according to the Article 153 of RA Criminal Code. Preliminary investigation is conducted.

29. On December 25, 2015 the criminal case initiated in Prosecution Office of Kentron and Norq-Marash administrative districts on voting instead of another person in polling station N 10/23 was received in the Investigative Division of Kentron and Norq-Marash administrative districts.

On December 6 Zara Muradyan called the Prosecutor General’s Office and told that having attended polling station N 10/23 she found that somebody else had voted instead of her. The call was passed to the Central Police Station by the Prosecution Office where materials were prepared.

On the same day at 20:10 Daniel Ionesyan also called the hot line of the police and told about what had happened.

During preparation of materials Zaruhi Muradyan submitted a report and an explanation informing that on December 6, 2015 she went to polling station N 10/23 to vote but there she found that somebody had already voted instead of her and her son Ara Chagharyan who lived with her at the same address but as of December 6 he was not in Armenia.

On December 16, 2015 a criminal case was initiated in Prosecution Office of Kentron and Norq-Marash administrative districts pursuant to the Article 153 of RA Criminal Code. On December 25, 2015 the criminal case was sent to the Investigative Division of Kentron and Norq-Marash administrative districts to conduct preliminary investigation, on the same day it was accepted as a proceeding and preliminary investigation is conducted. 

30. On December 25, 2015 the criminal case initiated in Prosecution Office of Kentron and Norq-Marash administrative districts on attempting to vote instead of another person in polling station N 10/13 was received in the Investigative Division of Kentron and Norq-Marash administrative districts.

On December 6, 2015 the commissioner of Central Police Station submitted a report informing that on the same day at about 18:40 two unidentified persons attempted to vote more than once in polling station N 10/13. However, the proxy of Armenian National Congress Davit Vardanyan discovered the seal in the passport of one of the mentioned persons indicating that he had already participated in voting. After it they escaped not accomplishing the crime under unforeseen circumstances.

The head of the commission of polling station N 10/13 Nvard Hovakimyan (Prosperous Armenia) and the proxy of Armenian National Congress, Davit Vardanyan submitted similar explanations informing that at about 19:00 two persons came to the polling station. One of them received the ballot and the package, approached the voting booth, then when he wanted to cast the ballot into the ballot box D. Vardanyan noticed the seal in his passport which indicated that he had already participated in voting. After it the mentioned citizen seized his passport and escaped throwing the ballot on the floor. Seeing that, the other citizen also escaped taking the ballot with him.

An appropriate protocol was made, the mentioned ballot was extinguished.

On December 16, 2015 a criminal case was initiated in the Prosecution Office of Kentron and Norq-Marash administrative districts according to the Article 34-153 of RA Criminal Code. On December 25, 2015 the criminal case was sent to the Investigative Division of Kentron and Norq-Marash administrative districts. It was accepted as a proceeding on the same day. Preliminary investigation is conducted.

8 more criminal cases initiated in several territorial subdivisions of the RA Investigative Committee (5 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 investigatory subordination.

Note; according to the Article 190 of RA Criminal Procedure Code, investigation concerning the electoral breaches specified in 4 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.

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