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The Administrative Court partly upheld Sargis Poghosyan’s claim (a participant of April 2018 protests) and urged the Police to compensate for the damage caused as a result of illegal actions of the Police.
Back in 2018, HCA Vanadzor undertook protection Sargis Poghosyan’s rights, when he was apprehended. HCA Vanadzor advocate participated in the administrative proceedings as an advocate, and on 19 April 2018, the advocate lodged a claim with the court to recognize illegal the Police actions of apprehending and keeping S. Poghosyan in the police division. The court upheld the claim. After that, on 20 September 2019, the advocate appealed to the Police claiming to compensate for the damage caused as a result of the illegal actions. The Police rejected the claim without presenting any justification. With the support of HCA Vanadzor advocate Ani Chatinyan, Sargis Poghosyan lodged a claim with the court, claiming a compensation of AMD 400,000 from the Police.
Despite the respondent’s objections, the court, presided by judge Samvel Hovakimyan, partly upheld the claim. In the conclusion, the court addressed the respondent’s objections and noted that when the fact of improper administration is confirmed, in case of a compensation of the damage caused, the guilt of the person who implemented administration is automatically implied.
The Court decided to recognize invalid the RA Police’s decision “On refusing to compensate for the damage” and urged the Police to compensate AMD 200,000 for the damage caused to Sargis Poghosyan as a result of illegal administration.
The Court’s decision plays an essential role in terms of conduct of the Police and such cases can have a restraining effect.
This is one of the rare cases when it can be stated that a person’s violated rights have been restored. In this case, we have two upheld judgments against the Police, which is also rare in practice. Thus, HCA Vanadzor efforts aimed at restoring violated rights achieved the pursued results. In terms of human rights, not only restoration of violated rights or recognition of the fact of violated rights, but also compensation for human rights-related non-pecuniary damage matters, without which it is not possible to consider violated rights fully restored. This was the purpose that HCA Vanadzor was pursuing in the frame of this case.
It should be recorded that at this stage, Sargis Poghosyan’s violated rights are already restored at the level of a court’s judgment. The Police appealed the Court’s judgment. Having expired all the possible appeal mechanisms, we shall pursue implementation of the judicial act.
For years on end, HCA Vanadzor has been monitoring the situation of human rights and recording issues that have long-term and systemic nature and continue to remain on the agenda.
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