The Ministry of Justice of Armenia presented new details regarding the case of Kurds Husein Yildirim and Atilla Çiçek, who are still in unknown conditions in Turkey.

In response to the written request of "Armenpress," the RA Ministry of Justice informs that in 2022 On January 20, the court of the first instance of general jurisdiction of Syunik region, citizens of the Republic of Turkey, Kurds by nationality Husein Abdulmenavi Yildirim and Atilla Kazemi Çiçek, under Article 235, Part 2 of the RA Criminal Code adopted in 2003, Article 235.1, Part 2, 1- sentenced Atila Çiçek to 7 years in prison with the confiscation of 5,700 US dollars of property, and to 7 years of imprisonment with the seizure of property of 3 million Iranian Rials to Husein Yıldırım for committing the acts provided for in clause nine and part 2 of Article 329.

It is noted that according to the verdict of 2 02 2022, Husein Abdulmenavi Yildirim and Atilla Kazimi Çiçek crossed the Araks River on August 16, 2021, at the site under the border control of the Federal Security Service of the Russian Federation and illegally, without the prescribed documents and permission, crossed the protected state territory of the Republic of Armenia. Border, entering the Republic of Armenia from the Islamic Republic of Iran, smuggling firearms and ammunition to the Republic of Armenia, after which they were caught by the FSB officers of the Russian Federation. The latter discovered and seized the illegally carried and transported firearms and ammunition.

"The verdict of 20 02 2022 was appealed, as a result of which the Appellate Court of Armenia partially satisfied the appeal of the defense counsel of the defendants by the decision of 23 02 2022. For committing the acts mentioned above, the defendants were sentenced to five years in prison, and the punishment for confiscation of property was left unchanged. By the same decision, in the application of Article 70 of the RA Criminal Code adopted in 2003, it was decided not to apply the prescribed punishment, setting a probationary period of 3 years. The restraining measure chosen for the defendants, the arrest, was abolished, and by the same decision, Attila Çiçek and Husein Yıldırım were released in the courtroom," said the answer.

A cassation appeal was filed against the judicial act issued by the Court of Appeal on 23 02 2022, both by the RA General Prosecutor's Office and by the defendants' lawyers. Still, the appeals were rejected, resulting in the relevant judicial act coming into force on July 28, 2022. :

According to part 3 of Article 282 of the Criminal Procedure Code of the Republic of Armenia, the order of the judge to execute the sentence is sent to the body on which the penalty is imposed by law, together with a copy of the judgment, and in the case of a revision of the judicial act, also a copy of the judicial action of the superior court. Duty, in this case, the probation service of the RA Ministry of Justice. The probation service can execute the court act only after it has entered into legal force and officially received it.

"In connection with the above, we inform you that the judgment of 20 01 2022 of the RA Syunik Marz Court of General Jurisdiction regarding Atilla Kazemi Çiçek and Husein Abdulmenavi Yıldırım, the decision and order of the RA Criminal Court of Appeals 23 02 2022 regarding its entry into force and enforcement has been received by the Probation Service. On 02.08.2022, and the same day, he signed to the Syunik regional body of the Probation Service of the Ministry of Internal Affairs of the Republic of Armenia.

To carry out control within the framework of the competencies defined by Article 24, Part 1 of the RA Law "On Probation," the Probation Service, after the judicial act enters into legal force, finds out the location of the beneficiary of probation, establishes contact with him, and gives him a proper notification to the Probation Service regarding reporting to the appropriate unit, constitutes a personal file. In case of appearing at the probation service, the person is registered, the beneficiary of probation is informed of his rights and responsibilities, and in case of non-fulfillment, the obligation established by the law is stated in the explanation of the Ministry.

It is noted that the Probation Service performed the functions defined by the law to find and record Atilla Kazemi Çiçek and Husein Abdulmenavi Yıldırım within its authority; however, the latter was not found, and based on the requirement of Article 24, Part 7 of the "Probation" Law: On 08 August 2022, the Syunik regional body of the Probation Service of the Ministry of Internal Affairs of the Republic of Armenia submitted petitions to the Court of General Jurisdiction of the Syunik Region of the Republic of Armenia to announce the search for Atilla Kazemi Çiçek and Husein Abdulmenavi Yıldırım.

According to decision No. SD1/0092/15/22 and SD1/0091/15/22 of the Court of General Jurisdiction of RA Syunik Marz dated 22 08 2022, the petition of the Syunik Marz Authority of the Probation Service of the RA Ministry of Internal Affairs was satisfied, an investigation and a decision were announced against Atilla Kazemi Chichek and Husein Abdulmenavi Yildirim. The execution was assigned to the Goris department of Syunik Region Department of RA Police. No other information is available on the whereabouts of Turkish citizens Atilla Kazimi Çiçek and Husein Abdulmenavi Yildirim.

Regarding the restriction of free movement of Atilla Kazimi Çiçek and Husein Abdulmenavi Yıldırım, the Ministry of Justice of the Republic of Armenia informs that in the event of a probationary period, the convicts are released from the courtroom. The convicts can leave the territory of the Republic of Armenia if the court imposes a duty on them not to leave the part of the Republic of Armenia. They are not defined. In this regard, we inform you that by the judgment of the Court of General Jurisdiction of Syunik Marz of RA dated 20 01 2022 and the Appeal Criminal Court of RA dated 23.02.2022. according to the decision, the obligation not to leave the territory of the Republic of Armenia was not established for Atilla Kazemi Çiçek and Husein Abdulmenavi Yildirim.

"Regarding the question of how the members of the Kurdish Labor Party, Atilla Kazemi Cicek and Husein Abdulmenavi Yildirim, ended up in Turkey, we inform you that because the said persons were released by the decision of the RA Court of Appeals on 23 02 2022 and the Republic of Armenia against them the fact that there was no ban on leaving the area, as a result of the probation service of the Ministry of Justice of the Republic of Armenia not finding the mentioned persons, a search could only be announced, which was done, and the clarification of the reasons for the circumstances of the latter being found in Turkey is beyond the scope of the jurisdiction of the Ministry of Justice of the Republic of Armenia," says the answer.