The decision againstthe Deputy Prosecutor General’s unlawful actions has entered into force
00:00, October 3, 2011 | News | Right to Fair Trial, Right to liberty and security | Detention Facilities
The RA Court of Cassation did not proceed and returned the appeal of the RA Prosecutor General. The Prosecutor had appealed against the RA Court of Appeals decision on May 30, 2011. The Court of Appeals decided to reverse the January 18, 2011 decision of Kentron and Nork-Marash Common Law Court and grant the appeal of three nonprofit organizations: Civil Society Institute, Helsinki Committee of Armenia, and Helsinki Citizens’ Assembly –Vanadzor Office.
The court believed that keeping citizen, Sargis Poghosyan in detention,on the RA Prosecutor General’s note, was illegal, because there was not a RA court decision as prescribed by law and responsibility has been put on the Prosecutor’s Office to eliminate violations against individual rights and freedoms. The RA Prosecutor General submitted an appeal on which a decision was made on July 19, 2011. However, Lawyer Edmon Marukyan didn’t receive information about it until October 3, and only after sending an inquiry. Now, the RA Court of Appeals’ May 30th decision has become effective.
As a reminder about this case, RA citizen, Sargis Poghosyan, wanted by US law enforcement agencies, was detained in “Nubarashen” PI from August 5th to September 1st, 2010, although there was no appropriate court decision for his detention. Sargis Poghosyan was in detention based on a note from the RA Deputy Prosecutor General which was upheld by the detention decision of the Court of the State of Virginia, USA. This fact was revealed by the three human rights organizations who visited “Nubarashen” PI as representatives of the monitoring group of Penitentiary Institutions.
NGO representative Edmon Marukyan states that “The decision can be considered a precedent, as it is the first time that the court interprets our legislation about a case related to a foreign court ruling and records the “bountiful” violations committed by the RA Prosecutor General and Head of “Nubarashen” PI”. He suggested that the human rights organizations initiated a case about the incident and demanded the RA Prosecutor General carry out an investigation.
Source: www.hra.am