TIP: CONCERNS ABOUT PROSECUTORIAL MISCONDUCT

C O N F I D E N T I A L YEREVAN 000257

SIPDIS

DEPT FOR G/TIP, DRL AND EUR/CACEN

E.O. 12958: DECL: 02/14/2015
TAGS: PGOV PREL KCRM AM KTIP
SUBJECT: TIP: CONCERNS ABOUT PROSECUTORIAL MISCONDUCT

REF: 04 YEREVAN 2540

Classified By: CDA A.F. Godfrey for reasons 1.4 (b) and (d).

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SUMMARY
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1. (SBU) Balancing Armenia's considerable progress over the
past year in successfully prosecuting trafficking in persons
(TIP) cases are serious, persistent allegations that senior
members of the Prosecutor General's office are susceptible to
outside influence. We have raised our concerns about
possible collusion between prosecutors and traffickers with
the MFA and Prosecutor General's office. End Summary.

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LOWER CHARGES BY DESIGN?
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2. (SBU) We have already noted the problem of prosecutors
charging traffickers with lesser charges, i.e., charging them
with pimping instead of with trafficking. Aristakes Yeremyan
is the principal investigator in the Prosecutor General's
office who deals with trafficking cases. In conversations
with us he has demonstrated a lack of sensitivity, but has
said nothing that would directly tie him to illegal
activities. He has insisted to us, for example, that
"pimping" is the correct charge to use in trafficking cases
because, "all the prostitutes knew in advance" that they
would be working as prostitutes in Dubai, and that the pimps
spend "so much money on these women, on their makeup,
perfume, clothes" and that this is very expensive."

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PAYOFFS TO THE PROSECUTORS DURING TRIPS TO DUBAI?
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3. (C) Yeremyan told us about his late-summer 2004 trip to
Dubai within the context of touting his efforts to combat
trafficking. He at first told us he had gone to Dubai at his
own expense, then claimed that his trip had been funded by
the International Organization on Migration (IOM) -- a claim
that we subsequently proved to be false. Edik Baghdasaryan,
from the Association of Investigative Journalists NGO,
alleged that two people from the Prosecutor General's office,
including Yeremyan, had traveled to Dubai in August to
collect "taxes" and pay-offs from local pimps. According to
Baghdasaryan, certain pimps, including Marieta Musaelyan, had
subsequently turned themselves in to Armenian authorities
after negotiating special prosecutorial consideration and
lower charges for themselves or their immediate relatives.


4. (C) Hrachia Kazhoyan, former IOM Senior National Programme
Adviser, told us that Yeremyan had traveled to Dubai on the
invitation of a pimp, Anahit Malkahsyan. (Note: Hasmik
Hakobyan, the former trafficking victim arrested for
trafficking others, allegedly worked for Malkahsyan in Dubai
(reftel). End Note.) Kazhoyan also alleged that Yeremyan
was working with the traffickers in Dubai.


5. (C) A Ministry of Justice official confirmed for us that
the Ministry has knowledge of the Prosecutor General's
office's problems, but has insufficient proof to intervene.
(Note: The Minister of Justice, David Harutunyan, and
Prosecutor General, Aghvan Hovsepian, are bitter political
rivals. End Note.)

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RAISED CONCERNS WITH GOAM
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6. (C) We have raised concerns with the GOAM about the
integrity of the prosecutorial process in regards to
trafficking prosecutions, both during the Ambassador's
meeting with Prosecutor General Hovsepian and during
working-level meetings at the MFA.

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COMMENT
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7. (C) We have no way of verifying the allegations against
Yeremyan, however, the detailed nature of the allegations
tends to lend plausibility to them. Unfortunately the GOAM
does not have effective measures in place to routinely screen
for, identify and prosecute cases of alleged prosecutorial
abuse. We will continue to follow this issue closely.
GODFREY