The RA Court of Cassation Adopted a Decision to Reject the Adoption of the Cassation Appeal filed by “Nubarashen” Penitentiary Institution

On July 07 of 2021, the RA Court of Cassation adopted a decision to reject the cassation appeal against the decision made by the RA Administrative Court dated 23.03.2021 filed by “Nubarashen” Penitentiary Institution with the demand to recognize the activities of Hasmik Harutyunyan against the official of “Nubarashen” penitentiary institution dated 02 of 2017 illegal.

According to the RA Court of Cassation, the justifications presented in the appeal are insufficient to consider the existence of the violation of the substantive law and based on the latter the violation of the main essence of the justice conditioned by that violation as grounded.

On March 25 of 2021, the RA Court of Appeal adopted a decision to reject the appeal filed by “Nubarashen” Penitentiary Institution under the RA Ministry of Justice

According to the RA Court of Appeal, the RA Administrative Court, in a line with the requirements of the RA Administrative Procedure Code, by conducting a comprehensive, complete and objective examination and evaluating the whole evidence available in the case, as well as by applying the relevant legal acts towards the later, came to a right conclusion and the grounds and justification of the appeals cannot be considered a ground to satisfy the appeal, therefore for overturning the decision of the RA Administrative Court dated 19.09.2019.

It should be mentioned, that on January 24 of 2019, H. Harutyunyan filed an appeal to the RA Administrative Court with the demand to recognize the activities of the penitentiary institution’s employees illegal.

The RA Administrative Court recognized the activities of the penitentiary institution’s employees illegal dated April 02 of 2017 illegal.

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

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 considered 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 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, the activities of the administrative body were illegal.

On April 02 of 2017, the professional activities of Hasmik Harutyunyan, lawyer of “Protection of Rights without Borders” NGO and a member 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 for hindering the professional activities of Hasmik Harutyunyan it was mentioned that the monitors should have passed the through the election zone to which they did not have access.