The Court of Appeal Made a Decision to Reject the Appeal Filed by “Nubarashen” Penitentiary Institution

On March 25 of 2021, the RA Court of Appeal made a decision to reject the appeal filed by “Nubarashen” penitentiary institution on the demand to recognize the activities of the “Nubarashen” penitentiary institution official against Hasmik Harutyunyan illegal.

As stated by the RA Court of Appeal, the RA Administrative Court, according to the requirements of the RA Administrative Procedural Code carrying out comprehensive, complete and objective assessment of the evidence available in the cases and applying the relevant legal act towards the latter came to a right conclusion and the justifications on the appeal cannot be considered a ground to satisfy the appeal, therefore to overturn the decision made by the Administrative Court on 19.09.2019.

It should be mentioned, that on February 24 of 2019 H. Harutyunyan filed an appeal to the RA Administrative Court with the demand to recognize the activities of “Nubarashen” Penitentiary Institute officials illegal.  

The RA Administrative Court recognized the activities of Nubarashen” Penitentiary Institute officials, dated April 2 of 2017 illegal.

Particularly, it was recorded by the decision, that in the outcomes of the administrative body’s activities, the professional activities of the member of the Group of Public Monitors Implementing Supervision over the Criminal-Executive Institutions and Bodies of the Ministry of Justice of RA set by the Decree number ՔՀ-66-Ն of the RA Minister of Justice were hindered.

The Court, satisfying the appeal, mentioned, that according to the certificate 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 complaint filed by the employees, the Court found, that the members of the Monitoring Group did not have an opportunity to carry out their professional activities, as prescribed by the decree, therefore the above mentioned facts reaffirm the circumstance, that the activities of the administrative body were illegal.

On April 2 of 2017, the professional activities of Hasmik Harutyunyan, employee of the Protection of Rights without Borders NGO and Arman Sahakyan “New Genereation” NGO, as members of the Public Monitoring Group Conducting Oversight in the Penitentiary Institutions under the RA Ministry of Justice were hindered at the “Nubarashen” and “Kentron” penitentiary institutions.

As a justification for hindering the legal activities of the members of the Monitoring Group, it was mentioned, that in order to enter the Penitentiary Institution, the members of the Monitoring Group had to pass through the polling station and it was located in the gathering line, the road leading to regime zone passes through polling station, therefore they cannot enter the regime zone.