I’ve literally just received this press release from someone I know in Boston. What could have been a perfect example of the law functioning in Armenia, it continues to turn into a typical case in the Armenian reality where the rule of law is seen not to function as I mentioned in a previous post.

Armenia’s Prosecutor General Once Again Dismisses The Najarians Case – Violates Bilateral Treaty Agreements With U.S.

Lincoln, MA – September 19, 2005— On August 30, 2005, the criminal case filed by George and Carolann Najarian was once again dismissed by Armenia’s Prosecutor General citing “lack of evidence”. In so doing, the Prosecutor General has ignored three major court decisions including the Court of Cassation – Armenia’s highest court – which said ample evidence exists to prosecute this case in criminal court. By ignoring these court decisions, the Prosecutor General is obstructing justice and preventing the fair and just adjudication of this case against G. Igityan who has, according to the Najarians, embezzled their investments.

In the opinion of various legal authorities, Armenia stands in clear violation of the U.S./Armenia Bilateral International Treaty by virtue of the fact that the Prosecutor General is an appointee of the executive branch which has been made fully aware of the misconduct of this case since its early inception.

The treaty provides Most-Favored-Nation treatment for United States investments made in Armenia; applies international standards of law regarding expropriation and compensation for expropriation; and, prohibits discriminatory measures against the investments. More specifically, Article II Section 2(a) provides that “Investment shall at all times be accorded fair and equitable treatment,” and prohibits the “arbitrary and discriminatory impairment of investment” in its broadest sense. Article III of the Treaty incorporates international law standards for expropriation and compensation. The Article provides that the protections afforded to the investor apply to direct or indirect state measures tantamount to expropriation…”

The investigation by the Prosecutor General’s Office has been partial to Igityan and has used illegal practices including: bribery, intimidation of witnesses, fabrication of evidence to support Igityan’s claims, and has failed to investigate Igityan’s numerous false claims. Most recently, the PG’s officials attempted to discredit the Najarians’ lead attorney, and thereby remove him from the case. Despite overwhelming evidence that these investments were made by the Najarians, and informal recognition by the highest Armenian government officials that these properties belong to the Najarians, they continue to be denied due process of law relative to the fraud committed against them. Even after the Court of Cassation confirmed George Najarian’s status as the ‘victim’ in this matter, neither he nor his representatives have been afforded the rights Armenian Law provides to ‘victims’ – namely to be present at interrogation of witnesses and to have full access to evidence.

Top members of the U.S. Senate and House of Representatives, the U.S. State Department and the American Embassy in Armenia have pressed Armenian officials at the highest levels of government for a just resolution of the Najarians’ case. These efforts have all failed, thus far as evidenced by the recent dismissal once again.

The Najarians’ case is being brought to the attention of international organizations addressing the issues of the rule of law, transparency, and an independent judiciary necessary as building blocks for a fledgling democracy. Numerous journalist accounts have appeared in Armenia’s press highlighting the discrepancies and violations of existing laws by the Prosecutor General’s Office –(see www.hetq.am and www.ArmeniaNow.com)

In a recent interview published by www.ArmeniaNow.com Igityan has once again changed his version of the story as to why he had the right to privatize these investments in his name; he now claims he financed the $600,000 construction project in question out of his own earnings as a translator — contradicting his previous testimony claiming inherited wealth from his ‘soviet’ in-laws. The Prosecutor General has not charged Igityan for any of his lies or questioned him on his changes of testimony during the course of the two year investigation. On the other hand, the Najarians and their supporting witnesses have been called in by the investigating team repeatedly and grilled for hours, hoping that small errors or discrepancies will be uncovered and used to discredit their case.

Despite the difficulties it poses for them the Najarians have filed for an appeal and will start all over again in their struggle for a just resolution to their case. Najarian supporters worldwide are urging the continued pressure on the PG’s office as this case will become a precedent setting test of Armenia’s true commitment to democratic process, transparency, and the rule of law.

What can I say? Apart from a few large Diasporan investors with close ties to the government, do they really think this is going to attract investment to Armenia? Incidently, those journalists following this case allege that the relative of a senior official in the General Prosecutor’s Office is behind Igityan although so far, only Hetq Online has hinted at the alleged link.

Incidently, all the news relating to this case can be found on Carolann Najarian’s web site. Related to the Najarian’s reference to the necessity for Armenia to demonstrate that it is a democratic state governed by the rule of law, I’d suggest that you re-read the recent interview with Raffi Hovannisian that I posted last week.