Armenia’s Implementation of the Convention Against Corruption: Progress and Challenges
Technical Assistance Needs
Armenia has identified several areas where technical assistance is needed to improve its implementation of the Convention against Corruption.
- Advice on good practices: Armenia requires advice on how to effectively criminalize illicit enrichment.
- Investigating crimes committed by means of computers: The country needs assistance in investigating crimes that involve computer technology.
- Protecting whistleblowers: Armenia requires guidance on protecting individuals who report corruption outside of the framework of criminal law.
- Capacity-building programs: The government needs capacity-building programs for authorities responsible for implementing anti-corruption measures.
Extradition, Transfer of Sentenced Persons, and Transfer of Criminal Proceedings
Armenia has made significant progress in implementing the Convention’s provisions on extradition, transfer of sentenced persons, and transfer of criminal proceedings.
- Extradition regulations: The country regulates extradition directly through the Constitution of Armenia (Article 6).
- Dual criminality principle: The principle of dual criminality is applied to Convention-based extradition requests through the direct application of the Convention against Corruption.
- Provisions for arrest and detention: Articles 478.1, 478.2, and 478.3 CPC contain provisions that streamline the arrest and detention of individuals for extradition who have committed crimes outside of Armenia.
- Extradition of nationals: The extradition of Armenian nationals is prohibited, except when permitted by ratified international agreements.
Mutual Legal Assistance
Armenia has also made progress in implementing the Convention’s provisions on mutual legal assistance.
- Regulation of mutual legal assistance: Mutual legal assistance based on the Convention against Corruption is regulated directly through the Constitution of Armenia (Article 6).
- Dual criminality requirement: Chapter 54 of CPC does not contain a dual criminality requirement applicable to the mutual legal assistance process based on an international treaty such as the Convention against Corruption.
Challenges and Future Steps
Despite progress, Armenia still faces several challenges in implementing the Convention.
- Capacity-building programs: There is a need for capacity-building programs to enhance the effectiveness of extradition and mutual legal assistance.
- Technical assistance: The country requires technical assistance to improve its investigative and prosecution capacities.
- International cooperation: Armenia needs to strengthen its cooperation with other States parties to combat corruption effectively.