The RA Law on the National Security Service specifies who may be appointed as a head of the National Security Service. Article 19 of the Law clearly defines the terms to appoint the post of the National Security Service, which says, “The Head of the state authorized body may be appointed a servant who until his appointment was working in the position of senior staff of the national security service or was the senior official for at least 3 years and holds the rank not lower than a colonel.” While, according to Mr. Kutoyan’s biography, he has not held any position in the senior staff of NSS, did not have the position of a senior staff for at least 3 years and holds a rank lower than the colonel.
Aravot.am asked President Serzh Sargsyan’s spokesperson Vladimir Hakobyan whether Serzh Sargsyan has appointed the new NSS Director Georgy Kutoyan in violation of the law. In response to our inquiry, the President’s spokesperson replies, “The requirements for the candidate to the director of Armenia’s National Security Service are stipulated by the RA Law on National Security Service, Article 19, paragraph 1 and 6.1. The provision of the law defines, “in case of a vacant position in the state authorized body, the following state servants of the armed forces, the police, the Judicial Acts Compulsory Enforcement Service, Penitentiary Service bodies and Ministry of Justice, and judges can also be appointed, as well as former NSS officials appointed in other state bodies by the President of the Republic of Armenia, the Government of Armenia and the Prime Minister of the Republic of Armenia, who meet the requirements presented for the servants of the National Security Services.
Given the fact that the requirements of Article 19 of the Law are composed with an alternative mode, the availability of at least one of the listed terms is sufficient, therefore, Georgy Kutoyan meets the requirements set forth in the law.” Mr. Hakobyan also added that by the President’s decree N-175-A dated February 12, 2016, Georgy Kutoyan was appointed a Director of the National Security Service adjunct to the Government of Armenia, based on paragraph 5 of Article 55 of the Constitution of the Republic of Armenia amended in 2005 and paragraph 2 of Article 18 of the RA Law on the “National Security Service”.
Arpine SIMONYAN
