RA Administrative Court of Appeal Remained the Decision of the RA Administrative Court on the Obligation to Provide Compensation for Non-Material Damage from the Police Unchanged

By the decision adopted by the RA Administrative Court of Appeal on 07.12.2021 the appeal filed by the RA Police disputing the amount (500.000 AMD) of the compensation of non-material damage satisfied by the RA Administrative Court was rejected.

The Court of Appeal considered the conclusion of the Administrative Court grounded, in terms that Tehmine Enokyan had feelings of fear and anxiety and the feelings continued to bother her during her detention to the Police station and at the Police station respectively.

The feelings of fear and anxiety could be conditioned by the circumstance, that the policemen did not wear police uniform, were in civilian clothes, as well the car by which she was brought to the police station did not have a police logo.

Besides, Tehmine Enokyan made video recordings during her detention and Police workers made her show the content, which in its turn can be considered as a ground of mental breakdown.

As evaluated by the Court, the level of psychological suffering can essentially be conditioned by the gender, age, as well as by the fact of detention as a participant of the demonstration of Tehmine Enokyan.

Thus, according to the evidence available in the current case, the Court considers the fact of psychological sufferings, including fear, anxiety, mental breakdown, confirmed.

Under such conditioned, the Court of Appeal considered, that by rejecting the appeal on compensating the non-material damage addressed to the respondent administrative body through the representative of the applicant, the RA Police demonstrated illegal conduct and the evidence mentioned by the applicant in the scope of the appeal prescribed by Article 67 of the RA Administrative Procedure Code, the demand of the applicant can partially be considered as grounded.

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