The Rescue Service of MIA is responsible for whistle-blowing

Senior Instructor of the Internal Control Department of the Rescue Service of MIA,
r/s Lieutenant Colonel Harutyun Manukyan
Tel. number: +374 98 76-78-66
Email: haroutmanukyan@gmail.com

What is a whistle-blowing?

Whistle-Blowing - written or oral communication by whistleblower to a competent person or body provided by law of information about a corruption-related accident or conflict of interest or violation of ethics rules or incompatibility requirements or other restrictions or declaration-related violations or other harm to public interests or threats thereof in state bodies.

Who is considered a whistleblower?

Whistleblower – a natural or legal person who, in accordance with the procedure established by law, diligently reports information regarding violations related to corruption, conflicts of interest, breaches of ethical standards, incompatibility requirements or other restrictions, or any other harm or threat to public interests, associated with the official or body with whom they have been, or are currently, in an employment, civil law or administrative relationship, or to whom they have provided services, or who has been mistakenly perceived as a whistleblower.

A person is considered to be a wrongly perceived whistleblower if they have not made a report but are perceived by others as a whistleblower, or if harmful actions have been taken against them.

What are the goals of whistle-blowing?

• to identify cases of corruption, violations of conflict of interest, ethics rules, incompatibility requirements and other restrictions, declaration-related violations, other harm to public interests.
• to reduce and prevent corruption.
• to contribute to the formation of a public intolerant attitude towards corruption.

What is internal whistle-blowing?

Internal whistle-blowing is considered to be submitting a report to one's immediate supervisor or superior, or to another person exercising supervision over one, or to a person authorized by the head of a competent authority.
For example, when an employee reports to their superior or to a person authorized by the minister about a case of corruption, conflict of interest, breach of ethical standards, incompatibility or any other harm or threat to public interests that has occurred within the system of the Ministry.

What is external whistle-blowing?

External whistle-blowing is considered to be the submission of a report to a competent authority.
For example, when a citizen submits a report on any corruption-related incident or conflict of interest or violation of ethics rules or other harm to public interests or threat thereof that occurred within the system of the Ministry.

How is the internal whistle-blowing process carried out?

Internal whistle-blowing begins with the whistleblower submitting a report to his/her immediate supervisor or superior, or to another person exercising supervision over him/her, or to a person authorized by the head of the competent authority.
If the report was received by the whistleblower's immediate supervisor or his/her superior or another person exercising supervision over him/her, or a person not provided for in Part 1 of this Article, he/she shall be obliged to immediately forward the report to the head of the competent authority or a person authorized by him/her.

The head of the authorized body or the person authorized by them:

• Ensures the immediate registration of the report, but no later than one working day from its submission.
• If there are grounds within their jurisdiction, ensures the initiation of proceedings within three working days from the registration of the report.
• Ensures the confidentiality of the initiated proceedings.
• Takes measures within their authority to verify the authenticity of the report.
• If, while verifying the authenticity of the report within their jurisdiction, criminal characteristics are discovered, immediately notifies the Prosecutor's Office of the Republic of Armenia.
• Takes measures within their authority to protect whistleblowers from harmful actions, as well as to eliminate harmful actions and their consequences.
• Ensures the non-disclosure of the whistleblower's personal data, unless otherwise provided by law.
• Upon the whistleblower's request, provides information on the progress of the proceedings and the measures taken.
• Provides the whistleblower the opportunity to present clarifications, documents, and applications.

Failure to perform the listed duties results in legal responsibility as stipulated by law.

How is the external whistle-blowing procedure carried out?

The external whistle-blowing begins when the whistleblower submits a report to the authorized body. If the report concerns an employee of the authorized body, the whistle-blowing is directed to the head of the authorized body. If the report concerns the head of the authorized body, it is submitted to the head of the superior body of the authorized body. In the absence of the head of the superior body of the authorized body, the report is submitted to the ethics committee of the relevant public servant body (if available) and in the case of senior officials, to the body authorized in the field of corruption prevention.

The authorized body:

• Ensures the immediate registration of the report, but no later than one working day from its submission;
• If there are grounds within its jurisdiction, ensures the initiation of proceedings within three working days from the registration of the report;
• Ensures the confidentiality of the proceedings;
• Takes measures within its authority to verify the authenticity of the report;
• If, while verifying the authenticity of the report within its jurisdiction, criminal characteristics are discovered, immediately informs the Prosecutor's Office of the Republic of Armenia;
• Takes measures within its authority to protect whistleblowers from harmful actions, as well as to eliminate harmful actions and their consequences;
• Ensures the non-disclosure of the whistleblower’s personal data unless otherwise provided by law;
• Upon the whistleblower’s request, provides information on the progress of the proceedings and the measures taken;
• Provides the whistleblower the opportunity to submit clarifications, documents and applications.

Failure to fulfill the listed obligations gives rise to liability as provided for by law. If the whistleblower has not consented to the disclosure of his or her personal data, the body that received the report submitted by the whistleblower and is not authorized to initiate proceedings is obliged to obtain the whistleblower's prior consent before sending the report to the appropriate authority, unless otherwise provided by law. In the absence of the whistleblower's consent, the report is forwarded to the relevant authority without disclosing the whistleblower's personal data.

What is the maximum period for initiated proceedings?

The maximum period for proceedings initiated based on internal and external whistle-blowing is 30 days. As a result of the initiated proceedings, a corresponding act is adopted, of which the whistleblower is notified within three days from the date of adoption of the act.

What are the consequences of the whistleblower's dishonest actions?

If during the proceedings it is found that the whistleblower acted dishonestly when submitting a report in accordance with the procedure prescribed by law, the head of the authorized body or his authorized person shall terminate the provision of protection to the whistleblower, notifying the whistleblower of this decision within three days from the moment of making the decision.

If the whistleblower's dishonest action contains elements of a crime, the person who received the report shall be obliged to immediately notify the Prosecutor's Office of the Republic of Armenia.

What protections are provided to the whistleblower in case of internal and external whistle-blowing?

In case of a whistle-blowing, to prevent the disclosure of the whistleblower's personal data, the documentation is processed through the responsible person designated by the authorized body. In the case of initiating proceedings, the act of initiating the proceedings and other related documents do not mention the fact of the whistle-blowing or the whistleblower’s personal data.

To protect the whistleblower from harmful actions or their consequences, the authorized body within its jurisdiction:

• Ensures the confidentiality of the information;
• Creates sufficient conditions for the whistleblower to carry out their official duties without hindrance;
• Ensures that the whistleblower is not overloaded with artificial assignments by establishing control over the assignments;
• Takes appropriate measures to eliminate any unnecessary or unlawful interference in the whistleblower's activities;
• If necessary, transfers the whistleblower to a different office, where possible;
• Takes appropriate measures to restore the whistleblower's labor rights, including reinstating their job and compensating for the damages they have suffered;
• Takes any other necessary measures to protect the whistleblower, based on the circumstances.

What is the Unified Electronic Platform for Whistle-Blowing?

Through the Unified Electronic Platform for Whistle-blowing, a whistleblower can anonymously report information about a crime.
The Republic of Armenia, represented by the authorized body of the RA Government (the Ministry of Justice of the Republic of Armenia), guarantees the protection of the whistleblower by ensuring their anonymity.

Legislation Regulating the Whistle-blowing System:

The Law on the Whistle-blowing System of the Republic of Armenia

Government of the Republic of Armenia Decision No 272-Н of 15 March 2018 on “Defining the Model Form of Registration and Wording of the Reports in Case of Internal and External Whistleblowing, the Procedure for the Implementation of the Measures of Protection provided to the Whistleblower, as well as the Procedure for keeping Statistics on Whistleblowing Reports in State and Local Self-Government Bodies and their Subordinate Bodies".