Helsinki Citizens’ Assembly-Vanadzor

Helsinki Citizens’ Assembly-Vanadzor presents problems recorded within cases of compensation for non-pecuniary damage by the examples of cases undertaken by the Organization. 

As a result of the lack of an institute of redress for non-pecuniary damage in the RA, for years on end, one has been deprived of his/her right to get a compensation in case of the violation of his/her rights and freedoms. 

As a problem of strategic importance, HCA Vanadzor submits lawsuits to courts against the Republic of Armenia claiming a compensation for non-pecuniary damage on cases of violations of rights and freedoms of citizens who apply to the Organization, with the purpose of contributing to the formation of application of the mentioned norms.

The study presents the following recorded problems by discussing them within the context of European Convention of Human Rights, as well as raising the contrast of different provisions of RA legislation with regard to these problems. 

1. Illegal distribution of burden of proof of the fact of the violation of a right,
2. the statute of limitation of one year (for submitting a claim for the compensation of damage) not being legal 
3. the lack of the concept of “significant damage” suffered by the person whose right was violated.

The full study is available HERE