STRENGTHENING STATUTORY RELATIONS IS THE GUARANTEE OF THE PEOPLE-CENTERED ARMY

Interview with Deputy Chairman of the Investigative Committee of the Republic of Armenia, head of the Main Department of Military Investigation Hayk Grigoryan

– From 1994-96 I served in the RA Armed Forces, graduated from the RF MoD Military University, in 2001 with a gold medal and externally graduated from the Faculty of prosecutor-investigation, then by order of Armenian Defense Minister, was sent to the Military Prosecutor’s Office of Armenia. Since 2006 I did my post-graduation at the Military University of the RF Ministry of Defense, and in 2009 defended thesis on “Investigation of crimes by soldiers of Armenian Armed Forces in times of armed conflicts.”

After that, I continued to serve, led garrison investigation department of Hadrut of Investigative Service of the RA Ministry of Defense, in 2011 I was appointed deputy head of the Investigative Service of the RA Ministry of Defense, in 2013 entered the doctoral program of the Military University of the RF Ministry of Defense, where the following topic of my doctoral thesis has been approved: “International legal and organizational basis for the investigation of war crimes of the opposing parties during the armed conflict.” Since January of this year, I am Deputy Chairman of the Investigative Committee of the Republic of Armenia, Head of the Main Department of Military Investigation.

I started my official duties in 2001 and I can definitely say that the results of the reform in the army are apparent, we have fundamental, qualitative changes. We are talking about raising the level of legal consciousness of the military staff, discipline and performance, and interpersonal relationships… In 2014 the level of serious crimes drastically reduced. We need to improve accountability mechanisms. For example, a soldier committed a crime, it is necessary to clarify – who were authorized, who could have been prevented that, because of whose fault the offense was not prevented.

Our biggest problem was and remains the improvement of interpersonal relations and the establishment of the statutory morals that is aimed at increasing the combat capability of the army and strengthening border security guarantees. A large number of criminal cases are up under Article 359 of the Criminal Code, it is – a violation of statutory relations. At first glance, this may seem harmless crime but in reality has a hidden potential that can develop into a serious crime. Strengthening of statutory relations is the best guarantee of creating of a people-centered army. Tolerance is not a legal category, but intolerance in the troops can lead to a contradiction with the law. Therefore it is necessary to use all the levers of education, propaganda and moral-psychological suggestion so the behavior of a soldier would becme more aware, responsible, law-abiding, self-controlled.

– And what crimes are common among the officers’ staff?

– This is part of a crime under Article 360 – insulting a subordinate. Another one, the offense provided for in Article 358, item 1 – the use of violence against a subordinate. The officer should be a soldier’s teacher, he has no right to make mistakes, he should serve as an example for a soldier. For me, as a lawyer, the problem is seen from this perspective. I would say more, if the soldier raises his hand on the officer, so the officer has his share of the blame. If the officer on time would apply disciplinary sanctions to soldiers for various small offense, the matter would not come up to the soldier raising his hand on the officer.

Interview by GAYANEH POGHOSYAN