The RA Administrative Court Satisfied the Demand to Oblige the Adoption of the Administrative Act to Compensate the Non-Material Damage Caused in the Outcomes of Illegal Administration of the RA Police

On February 23 of 2021, the RA Administrative Court (chaired by Judge A. Avagyan) adopted a decision, by which the Court obliged the RA Police to adopt an administrative act on the compensation of moral damage in the amount of 500 000 AMD caused to Tehmine Enokyan in the outcomes of the illegal administration of the RA Police.

Nina Hakobyan, the lawyer of the Protection of Rights without Borders NGO represented the interests of Tehmine Enokyan at the court. 

The Court confirmed that on December 01 of 2013, as a result of illegal administration (groundless restriction of depriving Tehmine Enokyan from liberty) of the RA Police, Tehmine Enokyan was subjected to psychological suffering.  Particularly, after depriving Tehmine Enokyan from liberty, the RA Police failed to immediately inform about the causes of the deprivation of liberty and as a result of the failure to document her detention, Tehnime Enokyan was subjected to feelings of fear, anxiety and uncertainty.

As evaluated by the Court, the degree of the psychological suffering was essentially conditioned by the circumstance, that Tehmine Enokyan as a journalist was detained as an activist.

The appeal filed on the ground of the compensation of material damage has been rejected.

Police activities

On December 1 of 2013, the participants of peaceful assembly organized a protest, which aimed at demonstrating discontent and disobedience against the visit of the President of the Russian Federation to Armenia by posting posters headlining “Sovereign Armenia” and “Disobedience” at the overpass in Arshakunyants street, Armenia.

Tehmine Enokyan also participated in the demonstration as a journalist carrying out her professional activities and video recording the demonstration.

Five persons in civilian clothes approached the latter by presenting themselves as police employees.

The latter demanded to cease the demonstration, stating, that the activists posted the posters in an illegal spot, as a result of which the activists and also Tehmine Enokyan were brought to Shengavit Department of the RA Police.

The policemen did not tell their position, titles, did not present any grounds for stating that her activities were illegal, did not elaborated an act of administrative violation, as well as did not clarify about her right, forcedly put her in a car without a police logo car. 

The procedure of the demand to recognize the Police activities illegal

In 2016, Tehmine Enokyan filed an application to the RA Administrative Court against the RA Police with the demand to recognize the police activities directed towards the violation of her right to liberty and personal immunity, the right to freedom of expression, including violation of her right to freedom of journalism illegal. 

By the verdict ՎԴ/2981/05/16, the Court recognized the fact of violating Tehmine Enokyan’s rights, as well as recognized the activities of the policemen of the Central Department of Yerevan illegal.

A demand to compensate the damages conditioned by illegal administration

In 2019, an application was filed to the RA Police with the demand to compensate the damage caused in the outcomes of the illegal administration of the RA Police.

The following fundamental rights of Tehmine Enokyan were violated as a result of illegal administration:

•           right to personal liberty and immunity

•           right to respect of personal and family life, including in terms of intervention to the implementation of professional journalist activities

•           right to freedom of expression

The application on the damage compensation was rejected. On May 05 of 2020, an application was filed to the RA Administrative Court with the demand to compensate the non-material damage in the amount of 500 000 AMD caused in the outcomes of illegal administration, the material damages in the amount of 350.000 AMD, to oblige the adoption of the administrative act.