The Court of Appeal Satisfied the Appeal of L. Barseghyan against Road Police Service of the RA Police

On December 29 of 2021, the RA Administrative Court of Appeal adopted a decision to satisfy the appeal filed by Levon Barseghyan and to recognize the decision on “Appointing an administrative penalty against L. Barseghyan” dated 24.10.2019 anul.

Back on 05.02.2020, Levon Barseghyan applied to the Court against the Road Police Service of the RA Police with the request to eliminate the decision of applying a penalty against him.

By applying to the Court of Appeal, the Applicant mentioned that the Administrative Court adopted a decision to subject the Applicant to administrative sanction with the violation of judicial norms, which had a negative impact on the exit of the case. Particularly, the evidence available in the case were evaluated against the Applicant, since it was not clear from the video recording whether the latter crossed the solid line or not.

Based on the domestic legislative regulations and the evidence presented by the applicant, the Court of Appeal reaffirmed that the violation of the traffic rules recorded by the video recordings are considered clarified, if there is an obvious coincidence between the recorded dead and the characteristics of the violation, which does not give a ground for suspicion.

In the given case, the Respondent Road Police Service presented the video recording and photos of it justifying the applied administrative penalty against Levon Barseghyan. In the outcomes of the examination of the mentioned video and photo materials, the Court of Appeal recorded, that there are 3 “No Access” road signs at the site of the road, 2 on the right and 1 on the left respectively, which means that the road was one-way and there was no oncoming traffic lane, which excludes the fact of administrative violation of the applicant.

Therefore, the Court of Appeal considered the approach of the Administrative Court based on the fact, that the administrative penalty was applied against Levon Barseghyan. The Court decided to satisfy the appeal of L. Barseghyan against the RA Police and recognize the decision on applying an administrative penalty against the latter anul.

Nina Hakobyan, the lawyer of the Protection of Rights without Borders NGO, represented the interests of Levon Barseghyan at the RA Administrative Court.