Motion on abolishing conditions contributing to swindling items of historical-cultural interest
In the result of comprehensive investigation conducted in the framework of the criminal case investigated in the proceeding of Syunik Regional Investigative Department of the RA Investigative Committee on swindling items of particularly historical value from tombs of historical value in Kapan conditions contributing to them were found and a motion was submitted to the RA Minister of Culture to take measures to abolish them and to give a status to the areas of historical-cultural value.
Besides, the investigative department mediated to discuss the issue of employment of the person who worked as a guardian of monument at Syunik Regional Service for Protection of Historical Environment of Ministry of Culture of RA's “Service for the protection of historical environment and cultural museum reservations” NCSO. According to the actual evidence obtained through the criminal case the latter was directly involved in cases of swindling of items of historical value. As a result, he was dismissed from job.
Thus, a criminal case was initiated in Syunik Regional Investigative Department of the RA Investigative Committee according to the Part 1 of the Article 264 of RA Criminal Code on destruction and damage of monuments of history and culture located at the area of Shahumyan mine and necessary investigatory actions were conducted to identify those involved in the alleged crime, to find the stolen items.
Through preliminary investigation actual data were obtained on the allegation that the resident of Kapan, being informed about the ancient items and treasures buried at the area of Shahumyan mine, in April, 2017 went to the mentioned area and with a metal-detector found several items of historical interest - metal arrowheads, a bronze needle, bracelets, ancient clay items and so on. Later other people also went to the place pointed out by the resident of Kapan with the same purpose.
Through investigation it was found that through inspection conducted in 2009 at the area of Shahumyan mine traces of monument of history and culture were found and in 2012 excavations were carried out in the result of which it was found that there was a multilayered monument at the mentioned area which covered the period from the first millennium B.C. to the middle ages, occupied about 7 separate sections and was expressed as a residence and tomb field. The area was once separated with a tape and only a signboard “Dangerous” was put which does not mean that the visitor has been informed about the historical-cultural value existing at the area.
Moreover, the area has a status of newly discovered monument and is not given a status of monument of state protection.
Considering that the tomb field discovered at the area of Shahumyan mine of “Kapan Mining Enrichment Plant” CJSC was not given a status of monument and by the RA Criminal Law liability is envisaged for destroying or damaging the monuments of history and culture under state protection, “Kapan Mining Enrichment Plant” CJSC’s responsibility of its protection is not equaled to state protection status.
Thus, in the result of not performing actions of taking the tomb field monument under state protection, giving it a status, it was impossible to subject those having committed the alleged crime to criminal liability within the current criminal case.
Moreover, the resident of Kapan was employed as a guardian of monument at Syunik Regional Service of Ministry of Culture of RA's “Service for the protection of historical environment and cultural museum reservations” NCSO.
Presenting the recorded offences in details a motion was submitted by Syunik Regional Investigative Department to the RA Minister of Culture to take measures to register the areas of historical-cultural value in short terms after discovering them, to give them a status, to mark the borders and equip them with signboards. Besides, it was proposed to discuss the issue of employment of Kapan's resident as a guardian of monument at Syunik Regional Service of Ministry of Culture of RA's “Service for the protection of historical environment and cultural museum reservations” NCSO.
The motion was considered at the RA Ministry of Culture in the result of which certain steps were taken. Particularly, in response to the motion the Ministry of Culture with an official letter informed Syunik Regional Investigative Department that examinations are conducted to give the object discovered at the area of Shahumyan mine in Kapan town a status of monument of history and culture. The Ministry applied to the current owner of “Kapan Mining Enrichment Plant” CJSC with an official letter offering «to continue the work in full volume and finish it in sections where previously excavations had been carried out, to fix the excavated areas and to take the newly discovered object under protection”.
At the same time, it was mentioned that by the order of the director of “Service for the protection of historical environment and cultural museum reservations” NCSO the resident of Kapan was dismissed from job the issue on which was mentioned in the motion.