Helsinki Citizens’ Assembly-Vanadzor

On October 21, 2024, the police of the RA Ministry of Internal Affairs contacted Roman Shklover, a citizen of the Russian Federation, and informed him that he should present himself to the Protection Division of Yerevan Metro after K. Demirchyan of the RA Police. 

On the same day, R. Shklover voluntarily presented himself to the Police Department, after which R. Shklover was arrested by the Protection Division of Yerevan Metro after K. Demitchyan of the Police of the Ministry of Internal Affairs of the RA allegedly on the basis of a reasonable suspicion, clearly unlawfully and without the existence of appropriate factual grounds. 

HCAV and the Organization's lawyer Samson Galstyan undertook the protection of Shklover's rights. Galstyan went to the police station on the day of the arrest and, as R. Shklover's lawyer participated in the body search of the latter, which took place under conditions of unlawful arrest. 

After being held in detention at the police station for several hours, R. Shklover was transferred to the Yerevan city detention center, where he remained until late at night.

Then, without any decision or reasoning, R. Shklover was released from the detention center.

In other words, the person was illegally arrested and held in detention for about 12 hours. 

1. Galstyan, immediately after R. Shklover's arrest, filed a complaint with the court, disputing the arrest. 

The court, presided over by judge R. Smbatyan, decided to uphold the appeal and confirmed the fact of the violation of R. Shklover's rights during the arrest. 

At the same time, the Court has applied to the competent official—the Head of the Metropolitan Division of the General Department of Community Police of the Ministry of Internal Affairs of the Republic of Armenia Police—with the purpose of initiating legal proceedings regarding the violation of R. Shklover's rights.

In its decision, the court both noted that the ground and reasons for the arrest were unclear and baseless, and noted that the actions aimed at detaining the person for more than 6 hours were illegal, and that R. Shklover was not provided with a release order by the prosecutor, which the latter was obliged to do. 

Thus, we find that the Court rightly recognized the decision to arrest R. Shklover as completely illegal, and this is a precedent in terms of preventing possible future cases of such illegal arrests, since there is already a legally binding judicial act that clearly records the fact of the violation of the fundamental right to freedom and personal inviolability by police officers. 

HCAV is preparing to file a lawsuit demanding moral damages for Shklover's illegal detention.