Helsinki Citizens’ Assembly-Vanadzor

On October 2, 2019, in the publication titled “On September 11, having been forbidden to leave the RA for 2 months, the RF citizen was allowed to leave the RA without any comments on the reasons”, HCA Vanadzor touched upon the issue of not allowing RF citizen A. Kamayev to leave the RA for 2 months on end. Let us remind that General Department of Criminal Investigation of the RA Police did not clarify the grounds of illegal detention, did not provide him with a document in a language he could understand on the grounds and did not comment as to why he was not allowed to leave the RA territory. Moreover, 2 months later, on September 11, 2019, when it became known that he could leave the country, only the Human Rights Defender’s Office was informed about it. In this case, too, the citizen was not give any clarification regarding the grounds on which he had not been allowed to leave the RA territory and how it happened that since September 11 he was allowed to leave the country, again without being given any adequate information about it. 

After Kamayev left the country, with the purpose of contesting the police actions judicially, HCA Vanadzor lawyer Ani Chatinyan presented an information inquiry to the RA Police requesting to provide the legal and factual grounds on entering Kamayev’s data into Border Electronic Management Information System and then removing them from there, as well as copies of the documents substantiating the entry into and removal from the system. 

On October 7, 2019, General Department of Criminal Investigation of the RA Police clarified certain details pertaining to Kamayev in a response letter. Thus, according to the data of Police Information Center, since February 1, 2013, Kamayev has been on interstate wanted list on charge of Article 158 § 2 point “a” (theft) of the RF Criminal Code. On 14.09.14., that information was entered into the Border Electronic Management System and based on this the NSS border guards found A. Kamayev when he was entering the RA through the border crossing point on July 7, 2019, and transferred him to the Police officers.   

It is noteworthy that the letter contained no information regarding the legal and factual grounds on which Anton Kamayev’s data were entered into and then removed from the Border Electronic Management Information System, as well as no copies of documents substantiating the entry into and removal from the system. With regard to the provision of the documents requested in Ani Chatinyan’s letter, the Police reasoned that they could not be provided because they were envisaged only for inner circulation, moreover, some of them were circulated via electronic channels envisaged for inner exploitation without paper carriers. 

Thus, we record that the Police did not provide the person with valid data pertaining to him and documents proving the credibility of the actions in a proper manner. It should be mentioned that data and documents on a person can not be confidential for him/her, furthermore, a person’s right may not be restricted by confidential documents and remain unknown. 

HCA Vanadzor is planning to apply to the Court with the purpose of solving the legal issues that led to the violation of A. Kamayev’s rights.