Helsinki Citizens’ Assembly-Vanadzor

On July 19, 2019, the RA Civil Court of Appeal upheld Arayik Zalyan’s (HCA Vanadzor lawyer, representative of M. Melkonyan, who was subjected to criminal prosecution after participating in a car rally in April 2018) complaint and obliged the Court of First Instance to accept his claim for compensation for moral damage. 

Among 8 citizens who were injured as a result of policemen’s actions during peaceful, non-violent civil disobedience demonstrations of April 2018, Helsinki Citizens’ Assembly Vanadzor also undertook the protection of M. Melkonyan’s rights. After participating in a car rally on April 21, 2018, 4 persons in civilian clothes took him to the Police Central Department by a car without a license plate and held him there for 7.5 hours. M. Melkonyan was charged under Article 258 § 1 of the RA Criminal Code, criminal prosecution ceased only after Serzh Sargsyan’s resignation. Before the criminal prosecution ceased, M. Melkonyan was in the state of an accused, in fear, disquiet and uncertainty. 

 On November 1, 2018, Arayik Zalyan, HCA Vanadzor lawyer, filed an application with the Court claiming a compensation for moral damage on the ground of the violation of the right to liberty and security and claimed 1,112,260 AMD compensation from the RA Police. However, Yerevan city General Jurisdiction Court returned the application twice.  On January 15, 2019, the Court returned the application for the second time, reasoning that the application is subject to examination not by the General Jurisdiction Court, but rather, by the Administrative Court.  

After returning the application for the second time, Arayik Zalyan filed an appeal and claimed to revoke the decision.  He mentioned that the Court of General Jurisdiciton violated M. Melkonyan’s right to personal liberty and misinterpreted the provisions of the RA Code of Civil Procedure. In this case, the application does not concern the litigation of legality of the policemen’s actions, but compensation for the injury suffered as a result of those actions, which should be examined by civil procedure.  

By the decision dated July 19, 2019, the RA Civil Court of Appeal recognized the appeal grounded and recorded, “In this case, the Appeal Court finds that as a result of the action by the body conducting criminal prosecution, the compensation for the alleged non-pecuniary damage to Manushak Melkonyan is provided for by the Civil Code, therefore, such a claim is subject to examination by the Court examining civil cases”. 

The Court also underscored that it was not administration that was applied to M. Melkonyan, but rather, criminal prosecution based on the RA Criminal Procedure Code, then criminal prosecution was suspended. 

Yerevan city General Jurisdiction Court has not yet initiated proceedings on the claim.