By Artur Hovhannisyan

A case of selective law enforcement against outspoken MP’s brother?

The preliminary court investigation in the bribery case brought against Tigran Postanjyan, brother of Heritage Party MP Zaruhie Postanjyan, has resulted in criminal charges. The case has been sent to the courts for trial.

On February 25, 2011, Tigran Postanjyan, a public servant employed at the Arabkir District Administration in Yerevan, was hit with the charge of “receiving illegal remuneration from citizens” on three different occasions.

Whether or not the charges are true or trumped-up, given that he is the brother of vocal oppositionist MP Zaruhie Postanjyan, remains to be seen. Hopefully, the truth will out during the upcoming trial.

In the meantime, there are some pertinent factors out there that cast doubt on the credibility of the charges.

The RA Prosecutor General’s Office recently felt the need to run the following additional information regarding what it says were facts brought to light during the preliminary investigation. In its March 12, 2011 statement, we read: 

“Being a public servant, Tigran Postanjyan- a leading department specialist- working with management agencies of multi-residential buildings and utilities of Yerevan’s Arabkir administrative district, has thrice demanded and received illegal remuneration from citizens during 2010. Specifically, in May of 2010 during the construction of a new supermarket at Komitas 49/9 initiated by “Star Divide” company, Tigran Postanjyan demanded and illegally received 192,000 AMD remuneration from Armen Poghosyan, administrative head of the company, for turning a blind eye to the identified deficiencies in the construction design.”

Tigran Postanjyan on February 25, 2011 was charged according to the RA Criminal Code Article 311¹, part 3, point 4, that is taking bribery by a public servant who is not considered an official repeatedly.

Naturally, the question arises why Star Divide Director Poghosyan waited nearly one year to report the alleged May 2010 incident. Then too, given that the other two alleged bribery incidents for which Postanjyan has been charged also took place in 2010, why the delay to indict him?

In the same Prosecutor General’s statement we also read:  

“At the beginning of June, 2010, T. Postanjyan demanded and received 40,000 drams from Sejvik Arakelyan’s son Vahan Arakelyan in order to give Sejvik Arakelyan “a prescription” reference (stating the long-term usage of illegal construction by that person) on the construction in Shrjancik tunnel 21, Yerevan. The application for the reference was filled in and signed by T. Postanjyan, instead of S. Arakelyan.”

Now, we do not doubt that Postanjyan assisted the elderly and most probably not too literate man to fill out and sign the reference. But does this equate with demanding and receiving money?

Let us put aside for the moment that such similar cases abound if we were to inspect the actions of public servants and officials alike over the course of a year or two.

Instead, let’s focus on the fact that nowhere in the Prosecutor General’s statement was it noted that V. Arakelyan hadn’t been using the structures at the cited address for long. Thus, T. Postanjyan shouldn’t have granted a “prescription: reference and did so illegally.

Here too, what raises disbelieving eyebrows is the time factor. If Postanjyan did indeed demand and receive a 40,000 AMD bribe from Vahan Arakelyan in June, 2010, why did the man’s relatives wait for months to report it to the police?

The same question arises regarding the last alleged incident cited by the Prosecutor General. Here, the claim that in September 2010, Tigran Postanjyan demanded and received 100 000 AMD from Hrahat Sargsyan to turn a blind eye to the illegal construction conducted at Komitas 23/1.

Are we thus to believe that in all three cases the benevolent consciences of the “injured parties” prevented them from reporting the bribes sooner? Did they just wake up one morning, weeks and months later, and decide to get even with Postanjyan? You, the readers, in your infinite wisdom, can provide the most logical of answers.

Just perhaps, it wasn’t the alleged bribe givers that reported to law enforcement but that law enforcement officials, in an attempt to smear the name of Postanjyan, went digging into Tigran Postanjyan’s affairs with a fine toothcomb and found some questionable transactions to “expand upon”. They then backtracked, located the individuals involved, and “obtained” testimony against Tigran Postanjyan.

If this was the actual scenario that unfolded, i.e. that the bribe givers didn’t themselves report the incidents to law enforcement but that law enforcement officials uncovered the truth, then why haven’t Poghosyan and the others been charged with the crime of giving illegal remuneration?

Furthermore, if Tigran Postanjyan did indeed take bribes during 2010 and the facts were indeed brought to light through the due diligence and meticulous work of law enforcement, why haven’t these same law enforcement officials investigated the practices of other public servants and officials with the same dogged determination and care?

We have no doubt that had they done so the number of exposed cases of illegal remuneration and bribe taking by civil servants and public officials would jump by a factor of ten or one hundred.

Based on the arguments presented above, we at least have sufficient grounds to argue that, even if criminal charges against Postanjyan haven’t been trumped-up, it appears that Armenian law enforcement ply their professional trade selectively and in a discriminatory manner when it suits their purposes. In this case it suited their purposes given that Tigran is the brother of outspoken opposition MP Zaruhie Postanjyan.

How else can one explain the fact that it was the RA National Security Service (NSS), in an unprecedented manner, which wound up investigating the alleged total illegal remuneration of 332,000 AMD (around $900) Are you trying to tell me that $900 is so huge of a national security concern that only the NSS could be entrusted to investigate? This is the same NSS that literally disregards any serious probe of much more weighty risks to the nation’s security.

 Hayk Alumyan, a member of the RA Chamber of Advocates and Tigran Postanjyan’s lawyer, argues that a number of violations have occurred during the criminal case; particularly regarding the presumption of innocence.

Mr. Alumyan notes that on the same day that the RA Prosecutor General launched a criminal case and even before it had subpoenaed Tigran Postanjyan, the Prosecutor’s Office disseminated a statement claiming that its investigators had verified that Postanjyan had violated Article 3111 of the Criminal Code.

“In my opinion, this is a gross violation. Tragically such violations have become commonplace in our society when individuals are declared guilty before the court even reaches a verdict. This is a matter that directly encroaches on human dignity,” said Mr. Alumyan.

I would also like to direct your attention to the fact that the Prosecutor General’s Office serves in the name of the Republic of Armenia. It is not an agency unto its own devices. How on earth can they claim that a person is guilty of violating the law before the judicial process has run its course? Such a thing is unheard of.

The person at the Prosecutor General’s Office responsible for circulating such a statement either doesn’t understand or wants to understand one simple thing – the person so “branded” has kids and those kids go to school.

Weighing up all these factors, it appears that there was a burning desire to “get even” with the Postanjyans from on high. How else can you explain the fact that the Prosecutor General not only published the guilty statement on its website but also took the time and effort to send it to various media outlets?

Sadly, this is the level of individuals who serve in the name of the Republic of Armenia.

Let me assure you that this issue will be raised at the European Court of Human Rights.

The Court, in turn, will hand down a stunning verdict against the Armenian government.

Due to such individuals the coffers of Armenia will once again be depleted.