On\nJune 18 of 2021, the Republic of Armenia Administrative Court of Appeals adopted\na decision to partially satisfy the appeal filed by the RA Police against the decision\nof the RA Administrative Court of Appeals to recognize the police activities demonstrated\nthrough the violation of Levon Barseghyan\u2019s rights to freedom of movement, freedom\nof expression, freedom of peaceful assemblies, freedom of refraining from discrimination\non July 17 of 2016 illegal. <\/p>\n\n\n\n
The RA Administrative Court of\nAppeals reaffirmed by its decision, that in the given case, the respondent\nparty demonstrated illegal conduct by detaining L. Barseghyan, then applying administrative\nsanctions against the latter. <\/p>\n\n\n\n
The applicant was essentially\ndeprived from the opportunity to participate in the assembly and carry out the\nrelevant activities.<\/p>\n\n\n\n
Therefore, the illegal activities\nof the policemen led to violation of the Applicant\u2019s rights to freedom of\nexpression, freedom of speech, freedom of peaceful assemblies, freedom of\nmovement respectively guaranteed by the Republic of Armenia Constitution. <\/p>\n\n\n\n
Police Activities <\/strong><\/strong><\/p>\n\n\n\n On July 17 of 2016, the policemen\nof Aragatsotn Regional Police Department stopped the car of Levon Barseghyan\nwith the suspicion of keeping or supporting to keep illegal arms and weapons.\nThe latter was brought to Kumayri Police station with his car: within 10:29 to\n14:10 PM respectively Levon Barseghyan\u2019s right to movement was restricted and\nthe latter was not provided with legal support and was deprived to exercise his\nrights.<\/p>\n\n\n\n The violations of the rights confirmed\nby the decisions of the Administrative Court <\/em><\/p>\n\n\n\n On February 15 of 2018, the\nrepresentatives of Levon Barseghyan filed an application to the RA Administrative\nCourt on the ground to recognize the police activities dated July 17 of 2016\nillegal. <\/p>\n\n\n\n By its decision, the Court confirmed\nthe violation of Levon Barseghyan\u2019s rights to freedom of movement, freedom of\nexpression, right to freedom of peaceful assemblies, as well as the violation\nof the right to restrain from the humiliating or inhumane treatment, discriminative\ntreatments. <\/p>\n\n\n\n Particularly, the court\nconsidered it as confirmed, that Levon Barseghyan was deprived from liberty\nwithin the period of 10:29 PM to 14:10 of July 17, nevertheless, he was not\nprovided with legal support and he could not exercise his rights.<\/p>\n\n\n\n The police activities are not prescribed\nby law, therefore the latter are illegal. <\/p>\n\n\n\n The Decision Adopted by\nthe RA Administrative Court of Appeal<\/strong><\/p>\n\n\n\n The Republic of Armenia\nPolice filed and an appeal against the decision adopted by the RA Administrative\nCourt, stating that the Administrative Court, by accepting the application and\ncarrying out the examination of the case, allowed substantive jurisdiction or violation\nof subordination rules and in terms of the limitation of Levon Barseghyan\u2019s\nfreedom and the further activities following the latter, the parties had exclusively\ncriminal procedural relations.<\/strong><\/p>\n\n\n\n The RA Administrative Court highlighted in\ndecision, that in the given cases the legal opportunity for taking Levon\nBarseghyan to relevant police station was missing. <\/p>\n\n\n\n According to the Court of Appeal,\na person can be kept in the police station no more than an hour. <\/p>\n\n\n\n Meanwhile,\nit was confirmed by the examination of the\ncase, that in this given case, the applicant was kept in the police station for\nmore than one hour, not exceeding the four-hour period practice. <\/p>\n\n\n\n This means, that Levon Barseghyan\nwas kept in the police station for more than one hour on illegal grounds, which gives a ground to conclude, that the activities of the policemen\nare illegal under such conditions. Therefore, the appeal was rejected in this\nregard by remaining the verdict of the RA Administrative Court dated February 17\nof 2020 unchanged.<\/p>\n\n\n\n Nevertheless, the RA Court of\nAppeal partially discontinued the decision of the RA Administrative Court and\nchanged it and rejected the application of Levon Barseghyan to recognize the police\nactivities demonstrated through the violation of the rights to refraining from\ninhumane or humiliating treatment illegal. <\/p>\n","protected":false},"excerpt":{"rendered":" On June 18 of 2021, the Republic of Armenia Administrative Court of Appeals adopted a decision to partially satisfy the appeal filed by the RA Police against the decision of the RA Administrative Court of Appeals to recognize the police activities demonstrated through the violation of Levon Barseghyan\u2019s rights to freedom of movement, freedom of […]<\/p>\n","protected":false},"author":1,"featured_media":38812,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[29,190,74,257],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/posts\/30882"}],"collection":[{"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/comments?post=30882"}],"version-history":[{"count":2,"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/posts\/30882\/revisions"}],"predecessor-version":[{"id":34089,"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/posts\/30882\/revisions\/34089"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/media\/38812"}],"wp:attachment":[{"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/media?parent=30882"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/categories?post=30882"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/prwb.am\/en\/wp-json\/wp\/v2\/tags?post=30882"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}