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Anti-Corruption and Human Rights Law Training for Investigators, Prosecutors, and Judges in the Republic of Armenia

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Anti-Corruption and Human Rights Law Training for Investigators, Prosecutors, and Judges in the Republic of Armenia Report by the NATIONAL ACADEMY OF PUBLIC ADMINISTRATION for the U.S. Department of State, Bureau of International Narcotics and Law Enforcement Affairs February 2019 Anti-Corruption and Human Rights Law Training for Investigators, Prosecutors, and Judges in the Republic of Armenia EXPERT ADVISORY GROUP William Baity* Daniel Feldman* Jimmy Gurule* * Academy Fellow Officers of the Academy Jeffrey Neal, Chair of the Board Norton Bonaparte, Vice Chair Teresa W. Gerton, President and Chief Executive Officer Myra Howze Shiplett, Secretary Jonathan Fiechter, Treasurer Study Team National Academy of Public Administration Brenna Isman, Director of Academy Studies Randolph Lyon, Project Director Lawrence B. Novey, Senior Advisor Kate Connor, Research Analyst Alicia Kingston, Research Associate Yerevan State University, Faculty of Law Samvel Dilbandyan, Professor Ara Gabuzyan, Professor Gagik S. Ghazinyan, Dean and Professor Tigran Grigoryan, Assistant Professor Anna Margaryan, Associate Professor Tatevik Sujyan, Associate Professor Tirayr Vardazaryan, Assistant Professor National Academy of Public Administration 1600 K Street, N.W. Suite 400 Washington, DC 20006 www.napawash.org February 2019 Printed in the United States of America Academy Project Number: 2222 ABOUT THE ACADEMY The National Academy of Public Administration is an independent, non-profit, and non-partisan organization established in 1967 and chartered by Congress in 1984. It provides expert advice to government leaders in building more effective, efficient, accountable, and transparent organizations. To carry out this mission, the Academy draws on the knowledge and experience of its over 900 Fellows— including former cabinet officers, Members of Congress, governors, mayors, and state legislators, as well as prominent scholars, career public administrators, and nonprofit and business executives. The Academy helps public institutions address their most critical governance and management challenges through in-depth studies and analyses, advisory services and technical assistance, congressional testimony, forums and conferences, and online stakeholder engagement. Learn more about the Academy and its work at www.NAPAwash.org. Table of Contents Acronyms and Abbreviations ........................................................................................................... ii Section 1: Introduction ................................................................................................................... 1 Section 2: Training Modules on Anti-Corruption and Human Rights Law and Practice ............................................................................................................................. 3 Module 1: Prosecuting Official Corruption Cases .............................................................................. 3 Module 2: Investigating and Prosecuting Official Corruption Cases ....................................... 14 Module 3: Internal Investigations ........................................................................................................ 23 Module 4: Pre-Trial Detention Alternatives ..................................................................................... 41 Module 5: Investigating and Prosecuting Gender-Based Violence Crimes........................... 58 Module 6: Protection of Human Rights of Juvenile and Minority Offenders ....................... 71 Module 7: Financial Crime and Transnational Organized Crime Related to Combating Corruption ..................................................................................................................................... 80 Module 8: Investigating and Prosecuting Intellectual Property Crimes ............................... 95 Module 9: Judicial Independence and Transparency .................................................................. 100 Section 3: Workshops on Protecting Human Rights, Investigating and Trying Corruption Cases, and Judicial Independence ............................................... 112 3.1 Workshops on Protecting Human Rights and on Judicial Independence ........... 112 3.2 Workshops on Investigating and Trying Corruption Cases ..................................... 116 Section 4: Participants’ Evaluations of Training Modules and Workshops ............. 121 Section 5: Recommendations for Next Steps on Training and Workshops ............. 125 Appendix: Expert Advisory Group and Study Team Biographies ................................ 127 i ACRONYMS AND ABBREVIATIONS Acronym or Abbreviation Definition ABA American Bar Association CAE Chief Audit Executive Academy National Academy of Public Administration Anti-Monopoly Commission State Commission for the Protection of Economic Competition CCJE Consultative Council of European Judges CDD Customer Due Diligence COE Council of Europe Committee of the Sponsoring Organisations of the Treadway COSO Commission European Committee for the Prevention of Torture and CPT Inhuman or Degrading Treatment or Punishment CSC Republic of Armenia Civil Service Council DNFPB Designated Non-Financial Businesses and Professions ECHR European Court of Human Rights ENCJ European Networks of Councils for the Judiciary FATF Financial Action Task Force FMC Financial Monitoring Center GRECO Group of States against Corruption IACA International Anti-Corruption Academy IIPCAG Interpol Intellectual Property Crime Action Group Inspectorate Financial-Budgetary Inspectorate of the Ministry of Finance IP Intellectual Property Council of Europe Convention on Preventing and Combating Istanbul Convention Violence against Women and Domestic Violence JA Justice Academy of the Republic of Armenia Justice Academy Justice Academy of the Republic of Armenia KYC Know Your Customer LGBTI Lesbian, Gay, Bisexual, Transgender, Intersex NGO Non-governmental organization OECD Organisation for Economic Co-operation and Development Palermo Convention UN Convention against Transnational Organized Crime PCT Patent Cooperation Treaty PMG Prison Monitoring Group RA Republic of Armenia SIS Special Investigative Service TRIPS Agreement Trade Related aspects of IP Rights Agreement UN United Nations UNODC United Nations Office on Drugs and Crime ii Council of Europe Convention on Laundering, Search, Seizure Warsaw Convention and Confiscation of the Proceeds from Crime and on the Financing of Terrorism WIPO World International Property Organization WTO World Trade Organization YSU Yerevan State University iii SECTION 1: INTRODUCTION This report includes the major written work products delivered for the cooperative agreement between the National Academy of Public Administration (the Academy) and the U.S. Department of State, Bureau of International Narcotics and Law Enforcement Affairs. The coooperative agreement, entitled “Justice Academy Anti-Corruption and Human Rights Curriculum Development in Armenia,” was designed to improve the training of investigators, prosecutors, and judges in the Republic of Armenia on anti-corruption and human rights law as well as judicial independence. The Academy developed a subcontract with Yerevan State University’s (YSU’s) Faculty of Law to provide expertise in Armenian law and practice as well as the required language skills needed to deliver training and support materials in Armenian. Any opinions, findings, and conclusions stated in this report are those of the authors and do not necessarily reflect opinions, findings, or conclusions of the U.S. Department of State. This report is organized into five sections. Section 1 serves as an introduction to the report. Section 2 contains the nine course modules outlined in the cooperative agreement: Prosecuting Official Corruption Cases Investigating and Prosecuting Official Corruption Cases Internal Investigations Pre-Trial Detention Alternatives Investigating and Prosecuting Gender-Based Violence Crimes Protection of Human Rights of Juvenile and Minority Offenders Financial Crime and Transnational Organized Crime Related to Combating Corruption Investigating and Prosecuting Intellectual Property Crimes Judicial Independence and Transparency These nine modules were delivered to potential future trainers at the Justice Academy of the Republic of Armenia in three rounds. The first round of nine modules was delivered by YSU faculty to investigators, prosecutors, and their trainers. YSU faculty delivered the second round to judges and their trainers. The third round was delivered by Justice Academy trainers who received training in the first round. In December 2018, the Justice Academy formally adopted the course coverage of these modules into its curriculum for 2019. The modules presented in Section 2 were translated from the Armenian language versions by the YSU faculty team, with input from the National Academy of Public Adminstration’s Expert Advisory Group and professional staff. The Armenian language versions have been provided to the Justice Academy for its use and are anticipated to be available through the Justice Academy’s website. Section 3 summarizes the discussions from two workshops on anti-corruption law (one for investigators and prosecutors, and the other for judges) and two workshops on human rights law (again with one for investigators and prosecutors and the other for judges). These workshops were 1 delivered by YSU faculty. As with the modules, the summaries were originally developed in Armenian, and Armenian langauge versions are anticipated to be available through the Justice Academy’s website. Section 4 provides a summary of the evaluations
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