GEVORG KOSTANIAN: LAW ON INVESTIGATION ACTIVITY HAS
SUFFICIENT GUARANTEES FOR DEFENDING A PERSON FROM ARBITRARY
INTERVENTIONS
29-10-2007 17:00:00 | Armenia | Social
YEREVAN, OCTOBER 29, NOYAN TAPAN. The RA law On
Investigation Activity has sufficient guarantees and restraining
mechanisms for defending a person from arbitrary interventions.
Gevorg Kostanian, the RA Deputy Minister of Justice, a
representative of the RA government in the European Court,
stated during his October 29 meeting with journalists.
According to the law having passed second reading lately, a
subject carrying out investigation activity should motivate the
necessity of holding a concrete measure, measures that suppose
direct intervention in exercising the most important human
rights will be carried out exclusively on the basis of courts'
decisions. Among such measures G. Kostanian mentioned internal
monitoring, control over correspondence, postal or other
reports, telephone talks, ensuring accessibility of financial
data, secret control over financial deals, imitation of giving
and receiving a bribe, and external monitoring.
Overhearing a telephone conversation can be done only in
case a person is suspected of committing a grave and especially
grave crime. In case not holding an investigation measure can
seriously endanger national security, can cause serious state,
public and environmental events and actions, it can be held
until making a decision by the court, however, even in this case
an investigation body is obliged to apply to the court to
receive its permission within 48 hours. If it is refused by the
court, the obtained data are to be liquidated and the
overhearing of telephone talks is to be stopped.
The investigation action of imitation of receiving-giving a
bribe will be used for the first time by the law.
Unless the obtained proof has resulted in institution of a
criminal case, continuing criminal prosecution or passing a
sentence of "guilty" to a person, a person has the right to
demand that information about him be completely liquidated.
The Deputy Minister of Justice said that only control over
telephone talks, correspondence and other reports were regulated
by the law formerly. While the new law regulates 16
investigation measures.