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The Court obliged to eliminate the violations of Anush Poghosyan’s rights and freedoms

September 28, 2018

Anush Poghosyan | Activities | Legal Support | Legal Support | Right to an Effective Remedy | News | Strategic Trials

On September 26, 2018, Yerevan Court of General Jurisdiction upheld the complaint of Anush Poghosyan and her representative – HCA Vanadzor Yerevan representation lawyer- Tatevik Siradeghyan on the activities of compulsory enforcement officers.

 

On January 16, 2016, compulsory enforcement officers illegally resumed suspended enforcement proceedings and on this basis broke into Anush Poghosyan’s apartment on February 8.

 

The enforcement proceedings resumed on January 22, 2016, were suspended, since Anush Poghosyan applied to the Court requesting to recognize unlawful the actions of resuming enforcement proceedings. The Court upheld the claim, but the JACES of the RA Ministry of Justice appealed and there has been no final decision made by the Court yet. The next court session is scheduled on October 8, 2018.  

 

Compulsory enforcement officers did not have the right to resume enforcement proceedings given the fact that their lawfulness was being litigated in the Court. Besides, according to Anush Poghosyan, compulsory enforcement officers and the creditor did not have the right to break into her apartment and carry out checks on the seized property.

 

On February 9, 2018,  Anush Poghosyan submitted a report on crime to the RA Special Investigative Service, but the latter did not consider Anush Poghosyan’s note as a crime report. Anush Poghosyan then submitted an application to the RA General Prosecutor's Office to initiate a criminal case or to prepare materials, but the application was not upheld and Anush Poghosyan appealed to the Court.

 

On September 26, 2018, Yerevan Court of General Jurisdiction upheld the complaint and obliged the bodies conducting the proceedings to abolish the violations of Anush Poghosyan’s rights and freedoms.

 

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