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On December 13, 2016, the General Jurisdiction Court of Arabkir and Kanaker-Zeytun administrative districts, presided by judge D. Grigoryan, resumed examination of the complaint lodged by Anush Poghosyan against the decree of S. Avetisyan, Investigator for High-Profile Cases, RA Special Investigation Service, on not initiating criminal prosecution and discontinuing the criminal proceedings dated August 12, 2016.

The court hearing was attended by plaintiff A. Poghosyan and her representative, Tatevik Siradeghyan, Lawyer at Yerevan Office of HCA Vanadzor. Sashik Avetisyan, Investigator for High-Profile Cases at the RA Special Investigation Service responsible for the proceedings, did not attend the hearing despite proper notification of its date and time; therefore, the court hearing on examination of the complaint was resumed in his absence.

The Court found out that the plaintiff party wished to submit additional arguments. A. Poghosyan’s representative expressed a further position on the issue raised by the court at the previous court hearing and also addressed the objections of the agency responsible for the proceedings.

Considering the examination of the complaint completed, the court left to the deliberation room to make a ruling; by its ruling announced later, the Court rejected the said complaint.

By its ruling, the Court stated that the actions of the officers of Avan and Nor-Nork divisions of the RA MoJ Compulsory Enforcement Service were not caused by their enforcement actions and neither they, nor demander Armen Mkrtchyan took any particular actions to illegally enter the apartment against anybody’s will and also, the said actions could not by themselves be regarded as an attempt to enter an apartment against a person’s will.

The Court also found that the actions of the RA MoJ Compulsory Enforcement Service officers caused no socially dangerous consequences under Article 309 of the RA Criminal Code.