The RA Administrative Court of Appeals Reaffirmed the Violation of the Applicant’s Rights

On June 18 of 2021, the Republic of Armenia Administrative Court of Appeals adopted a decision to partially satisfy the appeal filed by the RA Police against the decision of the RA Administrative Court of Appeals to recognize the police activities demonstrated through the violation of Levon Barseghyan’s rights to freedom of movement, freedom of expression, freedom of peaceful assemblies, freedom of refraining from discrimination on July 17 of 2016 illegal.

The RA Administrative Court of Appeals reaffirmed by its decision, that in the given case, the respondent party demonstrated illegal conduct by detaining L. Barseghyan, then applying administrative sanctions against the latter.

The applicant was essentially deprived from the opportunity to participate in the assembly and carry out the relevant activities.

Therefore, the illegal activities of the policemen led to violation of the Applicant’s rights to freedom of expression, freedom of speech, freedom of peaceful assemblies, freedom of movement respectively guaranteed by the Republic of Armenia Constitution.

Police Activities

On July 17 of 2016, the policemen of Aragatsotn Regional Police Department stopped the car of Levon Barseghyan with the suspicion of keeping or supporting to keep illegal arms and weapons. The latter was brought to Kumayri Police station with his car: within 10:29 to 14:10 PM respectively Levon Barseghyan’s right to movement was restricted and the latter was not provided with legal support and was deprived to exercise his rights.

The violations of the rights confirmed by the decisions of the Administrative Court

On February 15 of 2018, the representatives of Levon Barseghyan filed an application to the RA Administrative Court on the ground to recognize the police activities dated July 17 of 2016 illegal.

By its decision, the Court confirmed the violation of Levon Barseghyan’s rights to freedom of movement, freedom of expression, right to freedom of peaceful assemblies, as well as the violation of the right to restrain from the humiliating or inhumane treatment, discriminative treatments.

Particularly, the court considered it as confirmed, that Levon Barseghyan was deprived from liberty within the period of 10:29 PM to 14:10 of July 17, nevertheless, he was not provided with legal support and he could not exercise his rights.

The police activities are not prescribed by law, therefore the latter are illegal.

The Decision Adopted by the RA Administrative Court of Appeal

The Republic of Armenia Police filed and an appeal against the decision adopted by the RA Administrative Court, stating that the Administrative Court, by accepting the application and carrying out the examination of the case, allowed substantive jurisdiction or violation of subordination rules and in terms of the limitation of Levon Barseghyan’s freedom and the further activities following the latter, the parties had exclusively criminal procedural relations.

The RA Administrative Court highlighted in decision, that in the given cases the legal opportunity for taking Levon Barseghyan to relevant police station was missing.

According to the Court of Appeal, a person can be kept in the police station no more than an hour.

Meanwhile, it was confirmed by the examination of the case, that in this given case, the applicant was kept in the police station for more than one hour, not exceeding the four-hour period practice.

This means, that Levon Barseghyan was kept in the police station for more than one hour on illegal grounds, which gives a ground to conclude, that the activities of the policemen are illegal under such conditions. Therefore, the appeal was rejected in this regard by remaining the verdict of the RA Administrative Court dated February 17 of 2020 unchanged.

Nevertheless, the RA Court of Appeal partially discontinued the decision of the RA Administrative Court and changed it and rejected the application of Levon Barseghyan to recognize the police activities demonstrated through the violation of the rights to refraining from inhumane or humiliating treatment illegal.