PRWB

On January 26 of 2016, Haykuhi Harutyunyan, the President of the Protection of Rights without Border NGO filed an application to RA Chief of Police Vladimir Gasparyan to provide information on the policemen who were implementing their duties in Baghramyan 26 Avenue on January 21.

A reference with the photos of the policemen was attached to the application.

It should be mentioned, that on January 21, the President of the Protection of Rights without Border NGO noticed from the public transport 12 policemen and four parents of the soldiers, who passed away in peaceful conditions, standing at the entrance of the RA Presidential Palace.

Haykuhi Harutyunyan approached the parents of the soldiers: after a while, approximately 10-12 policemen blocked H. Harutyunyan removing her from her standing position and prohibited her moving on the public area.

By the N 12/134 letter dated February 5 of 2016, the Organization’s application was rejected by the Internal Security Department of the RA Police, taking into consideration the fact that an administrative investigation had been instituted towards the policemen in the picture. By the letter N 12/214 dated February 23 of 2016 of the Internal Security Department of the RA Police it was informed that the administrative investigation towards the above mentioned policemen had been terminated.

The Organization once again filed an application to the RA Police asking to provide the relevant information requested by its letter E/230.26.01/2016, but it was again rejected.

It should be noted, that the Organization applied to the RA Administrative Court upon the demand to recognize the police activities as unlawful, as well as on the obligation to provide the relevant information requested by the Organization.

The Administrative Court rejected the application of the Organization on the grounds that the RA Police acted lawfully and the refusal to provide the relevant information was circumstanced as a requirement of the Law.

Particularly, the Organization’s requested information from the Police was obviously the personal data of the police employees which would enable to identify the data of the mentioned persons.

The Court mentioned that according to part 2 of Paragraph 1 of Article 8 of the RA Law on “Protection of personal data” and part 2 of Paragraph 1 of Article 134 of RA Labor Code, the provision of the personal data violating the confidentiality of private life without the written consent of the employee is prohibited.

The Organization applied to Administrative Court of Appeals appealing the decision of the RA Administration Court dated 28, December of 2016.

According to the Organization, the information of the Police and Police employee should be accessible to the public and citizens, moreover when the policemen exercise their duties. It’s undeniable that the police exercised public service during the events of 21 January of 2016.

Next court session will take place on April 18 of 2018, at 10:00 AM.