14 criminal cases regarding reports of alleged abuse in the child adoption process, as well as cases of taking children from their parents after giving birth. summary

April 03, 2020

In recent years in the scope of alleged abuses committed in the process of child adoption in the Republic of Armenia, as well as in the frame of the reports received on the illegal separation of children from their parents after childbirth in 2019-2020 14 criminal cases have been initiated in the investigative bodies with the initiative of the RA General Prosecutor's Office.

 

In particular, a criminal case was initiated on October 26, 2019 and the preliminary investigation of which is underway at the General Department of Investigation of Particularly Important Cases of the Investigative Committee of the Republic of Armenia on the child adoption of more than a dozen children with grave violations of the requirements of the RA legislation and in regard with the factual data on the alleged crime of selling children under Article 268, Part 2, Point 2, Article 169, Article 200, Parts 1 and 3, Article 214, Part 2, Article 308, Part 2 of the Criminal Code of the Republic of Armenia.

 

Numerous investigative and judicial actions are being undertaken in order to find out all the circumstances of the cases. During the preliminary investigation, more than two dozen biological parents of children and their relatives adopted abroad in recent years were interrogated and most of them stated that they had surrendered their parental rights in the result of fraud, blackmail and threats by the personnel of the maternity clinic.

 

It turned out that the above-mentioned children were adopted by citizens of a number of foreign countries.

 

During the preliminary investigation, applications were received from about 200 mothers who had given birth in previous years as well as applications from their relatives. Several dozen of them were interrogated, most of the statements have been attached to the above-mentioned criminal case, so the circumstances mentioned in the applications have become and are becoming subject of investigation.

 

During the preliminary investigation of the criminal case initiated in the Investigative Department the RA NSS, it was found out new cases of sale and separation of children from their parents without their consent. Therefore, 2 criminal cases have been initiated on the materials of the criminal case, one of which under Article 167, Part 2, Article 168, Part 2, Point 1 of the RA Criminal Code. The mentioned criminal cases have been joined to the main case.

 

Besides, the General Department of Investigation of Particularly Important Cases of the Investigative Committee of the Republic of Armenia received 1 criminal case initiated at the General Department on Combating Organized Crime of RA Police under Article 167, Part 2 and Article 314, Part 1 of the RA Criminal Code, which was accepted for proceedings and the preliminary investigation is underway.

 

After the initiation of the criminal case during 2019-2020 the RA General Prosecutor's Office received two articles published in the mass media which were passed to the RA Police.

 

In the result of operative-investigative measures undertaken, 3 criminal cases were initiated in the RA Police General Department on the basis of similar circumstances, 1 case under Article 168, Part 2, Point 4, 1 case under Article 167, Part 2, Points 2, 3, 4, Article 314 and 1 case under Article 167, Point 1 of the Criminal Code of the Republic of Armenia. Regarding a letter checks are carried out.

 

Besides the above mentioned, the RA Prosecutor's Office received 3 applications and 6 articles published in mass media and passed them to the Department of Particularly Important Cases of the Investigative Committee of the Republic of Armenia. On the materials prepared on the basis of 4 of them, criminal cases have been initiated; including 4 criminal cases are under Article 130, Part 2 of the RA Criminal Code, and 1 case under Article 167, Part 2, Point 2 of the RA Criminal Code. And the facts presented in regard with the other 5 are checked within the framework of the preliminary investigation of criminal cases.

 

In addition, the RA General Prosecutor's Office sent 28 applications to the Departments of Erebuni, Kentron and Mashtots of the RA Police out of which 2 were rejected on the basis of the prepared materials, 2 criminal cases have been initiated under Article 130 and the preliminary investigation is underway in the Department of Particularly Important Cases of the Investigative Committee of the Republic of Armenia, 18 criminal cases were sent to the Department of Particularly Important Cases of the Investigative Committee in order to investigate in the frame of the preliminary investigation of the case initiated in 26 October, 2019, and  activities for verifying the facts mentioned in the remaining 6 applications are underway.

 

In the result of the examination of one application-complaint on the separation of the child received by the RA General Prosecutor's Office, a decision on refusing to initiate a criminal case on the ground of absence of a crime under the materials prepared was revoked by the decision of the RA Deputy Prosecutor General still in 2015 and a criminal case was initiated, which was sent to the RA Investigative Committee for preliminary investigation.

 

Five people have been charged in one criminal case in regard with alleged abuse during the child adoption process at the Department of Particularly Important Cases of the Investigative Committee of the Republic of Armenia.

 

Active and large-scale investigative, other judicial and operative-investigative actions are being undertaken in the scope of the criminal case. Forensic and genetic examinations have been carried out, the outcomes of which have resulted in judicial decisions.

 

The Prosecutor General of the Republic of Armenia has addressed instructions to the Director of the National Security Service of the Republic of Armenia to disclose the possible illegalities in the child adoption process, the real circumstances of the cases, the possible involvement of other persons in the revealed criminal scheme.