The Administrative Court Satisfied the Complaint and Recognized the Activities of the Penitentiary Institution Official Illegal

On September 19 of 2019, the RA Administrative Court made a decision to satisfy the complaints number VD/0434/05/19 and VD/1203/05/19 submitted by Hasmik Harutyunyan, the legal expert of the Protection of Rights without Borders NGO.

The Administrative Court recognized the activities of high-level officials of “Yerevan-Kentron” and “Nubarashen” penitentiary institutions respectively illegal.

Particularly, it was recorded by the decision, that in the outcomes of the administrative body activities were restricted the authorities of a member of Public Monitoring Group prescribed by the RA Minister of Justice Decree number ՔՀ-66-Ն.

Thus, on April 2 of 2017, the monitoring activities of Hasmik Harutyunyan, lawyer of “Protection of Rights without Borders” NGO and Arman Sahakyan, employee of “New Generation” NGO, who are members of the Group of Public Monitors Implementing Supervision over the Criminal-Executive Institutions and Bodies of the Ministry of Justice of RA were hindered in “Nubarashen” and “Kentron” penitentiary institutions respectively.

As a justification, it was mentioned that the monitors should have passed the through the election zone to which they did not have access.

On April 3 of 2019, a report on instituting a criminal case was filed to the Special Investigation Service, with the justification that the Hasmik Harutyunyan, lawyer of “Protection of Rights without Borders” NGO and Arman Sahakyan, employee of “New Generation” NGO were prohibited to enter “Nubarashen” and “Kentron” penitentiary institutions respectively.

The Special Investigation Service made a decision to reject the institution of the criminal case with the justification of lack of crime. Then, the decision was appealed in judicial order. The complaints had no results in this regard.

On January 24 of 2019, H. Harutyunyan filed a complaint to the RA Administrative Court with the demand to recognize the activities of the above-mentioned penitentiary institutions illegal.

The Court, satisfying the appeal, mentioned, that according to the certificated number 22 issued by the Group of Public Monitors Implementing Supervision over the Criminal-Executive Institutions and Bodies of the Ministry of Justice of RA, Hasmik Harutyunyan is a member of the Monitoring Group, who, in a line with the RA Minister of Justice Decree number ՔՀ-66-Ն, dated 18.11.2005 can visit penitentiary institution any day (including also non-working days) and carry out her professional activities as a member of the Monitoring Group, but as a result of complain of the above mentioned justification, the Court find, that the members of the Monitoring Goup did not have an ooportunity to carry out their professional activities, as prescribed by the decree, therefore the above mentioned facts reaffirm the circumstance, the activities of the administrative body were illegal.