“The only thing I was thinking was that the Commission was trying to bypass the Court’s decision, because the Ministry of Social Affairs worked with the previous regime work style. I had met the former Minister of Social Affairs twice before. The Minister simply listened, expressed surprise, gave promises and forgot”, this is how Garnik Lalayan started our conversation.
In our previous publications we touched upon Tavush marz Nerkin Karmiraghbyur village resident Garnik Lalayan’s problem. Let us remind that on 24 February 2020, the RA Administrative Court upheld HCA Vanadzor advocate Hayk Hakobyan’s claim in the frame of G. Lalayan’s case. HCA Vanadzor has been engaged in the protection of the former contract serviceman’s interests since 2018.
“But for HCA Vanadzor office, I would have certainly not been able to protect my rights by paid services. I’m in a socially bad situation, I have lots of loans, let alone hiring a paid advocate”.
The judgment made by the Court on 24 February 2020 was not appealed and entered into legal force a month later. It seems as if the long court tug should have ended at this point, however, Tavush marz medical-social expertise commission continued not providing the citizen with a decision on third group disability by depriving him of the pension he ոաս entitled to. HCA Vanadzor advocate H. Hakobyan applied to the medical-social expertise commission claiming to provide the administrative act, but did not receive any response.
In June 2020, HCA Vanadzor advocate H. Hakobyan presented an application to the Court to provide an enforcement act. A month later, Tavush marz department of Judicial Act Compulsory Enforcement Service initiated enforcement proceedings and made a decision to oblige the marz medical-social expertise commission to provide G. Lalayan with a decision on establishing third group disability.
Three months after applying to Court and compulsory enforcement service, in September 2020, Tavush marz medical-social expertise commission finally provided G. Lalayan with the decision on establishing third group disability.
“Standing on the border, you become half a person and then you even have to pay money for your disability to be recognized. There should be a correct work style in the sphere, and the relative-acquaintance concept must be eliminated”, Garnik Lalayan remembers bitterly.
In HCA Vanadzor advocate Hayk Hakobyan’s words, as a result of illegal administration, considerable damage was caused to Gagik Lalayan. If we add the condition of moral and psychological suffering caused by the judicial process that prolonged for two years, it becomes clear what difficult situations the citizen is going through on the path to restore his rights.
“The damage that the citizen suffered is the inevitable and immediate result of illegal administration. Had there not been a refusal, Garnik Lalayan would not have been deprived of his right to receive military pension and monthly bonus”, says Hayk Hakobyan.
Garnik Lalayan considers his familiarization with HCA Vanadzor to be a salvation. The desperate citizen had knocked on many doors and applied to state officials and MPs in vain. “The Helsinki office is not needed, it is strictly necessary. As there is such falsity and deception everywhere, people face legal issues. They do not have money and can’t hire a paid advocate. I was able to give a solution to my problem that was lingering for years on end. And all this was totally free of charge. I’d like to express my deep gratitude to HCA Vanadzor office. Due to the 2-year judicial case, I was constantly in touch with Hayk Hakobyan. Such conscientious and professional advocates are what people really need”.
On 18 November 2020, Hayk Hakobyan applied to the RA Ministry of Labor and Social Affairs medical-social expertise office claiming compensation for the damage caused to the citizen as a result of improper administration. The advocate presented detailed calculations regarding the money not paid to G. Lalayan, which amounted to AMD 1.836.000. In case of a refusal, the advocate is planning to make a claim to the Court.