Helsinki Citizens' Assembly-Vanadzor

HCAV will continue to appeal decisions on not initiating a criminal case based on the fact of violation of the right to privacy

May 24, 2022

Right to Respect for Private and Family Life | Activities | Legal Support | Legal Support | Publications | News

Despite obvious crime features, no criminal case was initiated based on violation of the right to privacy, and Prosecutor’s Office in Syunik rejected HCAV’s appeal of the decision on not initiating a criminal case.

 

On 13 April 2022, HCAV made a crime report to the RA Prosecutor General’s Office regarding violation of fundamental rights of inviolability of private and family life, honor and reputation, and respect for private and family life. Let us remind that on 9 April 2022, HCAV Chairperson Artur Sakunts was in  cafe “Elegant” in Kapan together with his colleagues Levon Barseghyan (head of the board of Asparez Club of Journalists) and Larisa Minasyan. Facebook user Syuzi Badoyan posted on her account a photo taken in the aforementioned cafe with the caption: “A worrisome photo was transferred to me from the restaurant “Elegant” in Kapan”. The photo was also published in the daily “Hraparak”.  

 

The Prosecutor’s Office redirected HCAV’s report to the Prosecutor’s Office in Syunik region, which, in its turn, redirected it to the RA Police Kapan division. The Kapan division did not initiate a criminal case based on the lack of corpus delicti.

 

HCAV appealed to the RA Prosecutor General’s Office, as the decision to refuse to initiate a criminal case was totally ungrounded and not argumented; a number of facts were not taken into account, real circumstances were distorted. It is noteworthy that cafe “Elegant” video recording equipment is controlled by Kajaran Copper and Molybdenum Combine security service, which should not have the authority of security control over another legal entity, moreover, they cannot collect personal information through video recording equipment and use (and also disseminate) it as appropriate. The Police senior inspector did not even investigate how grounded it is for Kajaran Copper and Molybdenum Combine to have the authority to control the security of cafe “Elegant” (it is noteworthy that Kajaran Copper and Molybdenum Combine is 25 km away from Kapan).  

 

HCAV’s appeal was redirected  to the Prosecutor’s Office in Syunik region, and though materials were objectively not prepared (the Kapan Police division claimed that the published photo was taken by “unidentified” citizens and not by video recorders of “Elegant” cafe, and it was not checked how Syuzi Badoyan got the photo taken in the cafe),  Prosecutor’s Office in Syunik rejected HCAV’s appeal of the decision on not initiating a criminal case.. HCAV is to further appeal the decisions on not initiating a criminal case. 







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