The case of concealing illegal logging activity by police officers with corruption abuses was sent to court

July 08, 2020

The unbending and rough fight against illegal logging activities and related corruption crimes by law enforcement bodies continues. Only under the control of the prosecutors of the Department of Supervision over Legality of Pre-trial Proceedings in the RA SIS of the RA Prosecutor General's Office, 3 criminal cases on police officers are currently being investigated which are related to illegal logging activities within different corruption schemes.

 

4 people were involved as defendants in these 2 mentioned cases (two of them were police officers). Another criminal case against three people (including two police officials) with the indictment was passed to the court by the prosecutor exercising procedural control.

 

In particular, on the ground of the operative data of the RA NSS on 23 April 2020 a criminal case was initiated by the General Department of Criminal Police of the Republic of Armenia under Article 296, Part 3, Article 308, Part 2, Article 314, Article 38-308, Part 2 of the RA Criminal Code. In the course of the preliminary investigation it was found out that H. M., Deputy Head of Gugarq Division of Lori Regional Department of the RA Police and A. Ch., Inspector of the same Unit Community of Police, abused their official powers and committed illegal actions to distort and conceal the circumstances of the case of illegal logging, illegal transportation and to relieve the person from responsibility who allegedly committed illegal logging.

 

In particular, citizen H. M., learnt that on 24 of October 2019 logging activities have been done and illegally transported from the territory of "Pambak" forest of "Yeghegnut Forestry" branch of "Hayantar" SNCO without respective documents. Materials are being prepared at Gugarq Police Department, with the help of the Deputy Head of Gugarq Department who has motivated H. M. to take actions in his favor.

 

In the result, the latter and the Inspector of the Community Police Division of the same Department, who had instructed him to prepare the materials, suggested K. H. to find an "Oak" tree and an "Hornbeam" tree in the forest in order not to record the real case of illegal logging. Then, they have discussed and decided what content should have K. H's explanation, distorting the real circumstances of the case, changing the date of protocol of the explanation.

 

Later, finding out that the information and data provided by that explanation contradicted the information given by the driver of the car who had been loaded with logging, according to the information given to another police department, the inspector of the police department, on the instructions of his superior, tore the driver's explanation protocol and attach another document to the materials of the case.

 

Then A․ CH. measured the length and diameter of the loaded logs in the body of the vehicle, called and informed K. H. in order to find the trunks of the trees corresponding to those sizes. Then, has learnt from the latter that such trunks were ready, they inspected the place and a protocol was established which included obviously false information about the cuttings, quantities and volumes of illegally cut trees.

 

The two mentioned police officers of Gugarq Police Department were charged under Article 308, Part 1 of the RA Criminal Code, and the citizen was charged with Article 38-308, Part 1 of the RA Criminal Code.

 

On 29.06.2020 the case was separated from the criminal case, and the preliminary investigation was announced completed. After confirming the indictment, the prosecutor sent the mentioned criminal case to the Court of General Jurisdiction of the First Instance of the RA Lori Region.

 

The criminal case on illegal logging which was separated from the case was sent to the RA Investigative Committee.

 

At the same time, it turned out that on 25 December 2019 the citizen K. H. was pleaded guilty by the Court of General Jurisdiction of the RA Lori Region. He was found guilty under Article 296, Part 1 of the RA Criminal Code and sentenced to a fine. The preliminary investigation carried out by the RA SIS revealed new circumstances which show that the illegal logging was for the purpose of income, i. e. new circumstances have been obtained that the act is charged under Article 296, Part 2 of the RA Criminal Code. When the court made a judicial act, those circumstances were not known yet but they prove that the charge was more serious than the one for which he was convicted.

 

On this ground, the issue of undertaking measures defined by the criminal procedure law on reviewing the judicial act on K. H. is being discussed by the prosecutor's office.

 

Notice: Every person suspected in or charged with a criminal offense shall be presumed innocent unless proved guilty in the manner prescribed by the RA Criminal Procedure Code and unless the verdict comes into legal force.