The Decision of the Appelate Administrative court on the case Haykuhi Harutyunyan against the RA Police

On October 2 of 2018, the RA Court of Administrative Appeal (chaired by Judge Ara Babayan) made a decision to partially satisfy the appeal submitted by Haykuhi Harutyunyan, Lawyer, President of the «Protection of Rights without Borders» NGO on the case Number ՎԴ/1043/05/16.

Particularly, the Court of Appeal recognized the police activities illegal, in the outcomes of which, on 21.01.2016, the right to free movement of the applicant Haykuhi Harutyunyan was violated in front of the Presidential residency at Baghramyan avenue 26 adress.

The Court of Appeal made a decision to remain unchanged the decision made by the RA Administrative Court made on April 4 of 2017.

It should be mentioned, that on January 21 of 2016, Haykuhi Harutyunyan from public transport noticed 12 policemen near the Presidential Residency and the parents of the four soldiers, who were killed in peaceful conditions in the army. H. Harutyunyan approached the parents, after some time 10-12 policemen made a chain in her direction and did not allow her to move in the public area, where other citizens were walking.

Harutyunyan filed an application to the RA Administrative Court asking to recognize the police activities illegal, which were particularly demonstrated by violating the applicats right to freedom of expression, freedom of assembly, as well as the right to refraining from inhumane, degrading, discriminational treatment.

On April 4 of 2017, the Administrative Court made a decision to reject the appeal of Haykuhi Harutyunyan on the demand to recognize the police activities illegal.

On May 4 of 2017, «Protection of Rights without Borders» NGO applied to the Administrative Court of Appeal to appeal the decision number ՎԴ/1043/05/16 made by the Administrative Court on the grounds of violation of material and trial norms.

By its decision, the Court of Appeal facted, that evidence that on January 21 of 2016, Haykuhi Harutyunyan, by standing in front of Baghramyan Avenue 26, the Presdiental Residency, with other people, including the parents of the killed soldiers aimed to formulate a general opinion of public interest, that is to organize a protest or participate in the protest was missing from the case.

The Court of Appeal also facted, that any evidence confirming that, the above mentioned activity of Haykuhi Harutyunyan were evaluated by the policemen as illegal, any legal demand was presented to her and the latter has not implemented it, were also missing from the administrative case.