The decision of Court of Cassation on the case PRWB against the RA Police

On October 3 of 2018, the Administrative Chamber of the RA Court of Cassation (chaired by Judge Ervand Khundaryan) made a decision to reject the application in regard to the administrative case number ՎԴ/1031/05/16 submitted by the Protection of Rights without Borders NGO regarding the decision made by the RA Administrative Court of Appeal on 11.05.2018.

In 2016 the Organization applied to the RA Police asking to provide information regarding the policemen carrying out their service duties in the address of Baghramyan 26 in February of 2016. On January 21 of 2016, the policemen carrying out their service duties made a chain and illegally removed Haykuhi Harutyunyan, the President of the “Protection of Rights without Borders” NGO

On February 5 of 2016, the Internal Security Department of the RA Police rejected to provide information in regard to the policemen carrying out their service duties on February 5 of 2016, taking into account the fact that the a service investigation against the policemen presented in the picture was being carried out.

On April 4 of 2016, the Internal Security Department of the RA Police informed that, the service investigation against the above mentioned policemen had ended again rejecting the demand to provide information.

On December 28 of 2016, the Administrative Court rejected the application, reasoning that the information of the policemen carrying out their service duty is obviously personal data and the latter would enable to identify the mentioned policemen.

On May 1 of 2018, the Administrative Court of Appeal rejected the decision of the Court of Appeal remaining the decision of the Administrative Court dated 28.12.2016 unchanged.

In regard to the appeal against the RA Court of Appeal, the Court of Cassation recorded, that though the person who filed the appeal mentioned the circumstance of the uniform application of the law as an important role for the Court of Cassation as a basis for the appeal, the justifications of any conditions prescribed by the RA Law of Administrative Trial was missing from the appeal.

https://prwb.am/new/hy/2017/05/06/prwb-v-ra-police-grounds-providing-information/