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Events

OPEN LETTER

19:05, Monday, 22 January, 2018
OPEN LETTER

To the President of RA Serzh Sargsyan

Prime-Minister of RA Karen Karapetyan

General Prosecutor of RA Artur Davtyan

Chairman of the Investigation Committee of RA Aghvan Hovsepyan

Director of the NSS of RA Georgi Kutoyan

From the citizen of the Great Britain

Sonia McLeod

OPEN LETTER

Honourable Sirs,

I apply to you with full confidence that you will not be indifferent to the issue related to restoration of violated rights of any investor, including and particularly foreign investor, as such an attitude is a guarantee for not only economy development but also economic security.

Having been authorized by the “Fly Dubai” company to establish a company in RA I have negotiated with different persons and in October, 2010 I registered the “Trust Travel and Tourism” LLC in RA. At establishment of the Company 40% share was under my ownership and the other 60% were shared between other two partners.

As a British I have a principle that three persons deserve trust in this life – business partner, your lawyer, and your doctor. However, its seems to me that in Armenia I made a mistake. Having believed that there is justice in the Republic of Armenia, hoping that I achieve fairness and restoration of my violated rights, on 09.02.2017 I submitted a report of crime to the Investigation Committee of RA against my former business partner and former lawyer suggesting violation under the Article 214 of the Criminal Code of RA (Misconduct of authorities by officers of commercial or other organizations) and Article 178 of the same Code (Fraud) on the grounds of loss of the status of the official representative of Fly Dubai as a result of the actions of the director contradicting the company’s interests and organization of “alienation” of shares through break of my confidence.

After the preliminary handling of the materials the investigator A.G. on 18.02.2017 took decision to reject initiation of criminal proceedings which decision was appealed and disaffirmed by the Prosecutor of the Yerevan city on 14.03.2017. The criminal case No 63200817 was opened.

Two replacements of investigators took place during the preliminary investigation of the case (the investigator was replaced after the disaffirmation of the decision to reject the initiation of criminal proceedings by the Prosecutor of the Yerevan city, then again A.G. carried out the proceedings) and six times the terms of preliminary investigation of the case were extended.

On 14.11.2017 the investigator A.G. took decision to terminate the criminal proceedings.

Getting acquainted with the materials of the criminal case at the moment of the completion of the preliminary investigation the lawyers of the company rendering me legal services concluded that during the investigation which lasted about 10 months the authority which carried out the proceedings has not conducted any investigation on the signs under the Article 214 of the Criminal Code of RA at all, and the investigation on the signs under the Article 178 was not full, comprehensive, and objective. Hence, the decision to terminate the criminal proceedings has been appealed by the lawyers to the Prosecutor of the Yerevan city. In particular, e-mail messages submitted by us which evidenced a series of facts related to the criminal case have been available in the case but they have not been investigated by the investigator, he has not asked the parties any questions on them. All this leads to believe that either the investigator is not enough qualified to investigate such a case or he is not objective and the latter is more probable.

Hereby I ask you to undertake measures for effective and as fast as practicable investigation of the criminal case, restoration of my violated rights, and punishment of guilty persons wherefore I consider as important guarantee the removal of the investigator A.G. from proceedings and their referral to another investigator experienced in investigation of economic crimes and possessing respective knowledge.

Thank you in advance for your support,

Sonia McLeod

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