US embassy cable - 05YEREVAN257

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