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On April 13, 2016, the General Jurisdiction Court of Lori Marz (Region), presided by V. Hovnanyan, resumed trial proceedings under Avan Mental Health Center CJSC v. HCA Vanadzor and Zhuleta Amarikyan.

The court hearing was attended by attorney E. Bademyan, plaintiff’s representative, and attorney A. Zalyan, representative of defendant HCA Vanadzor. Defendant Zh. Amarikyan and representative of Azatutyun (Liberty) Radio Station, third party that had not submitted any independent claim on the case, did not attend the court hearing.

Having heard the opinions of the parties on holding the hearing in the absence of the persons above, the Court passed to examination of evidence.

In regard to the defendant party’s motion on limitation period, the plaintiff party submitted to the Court the post-office receipt on the terms of submitting the claim to the Court.

As reported before, at the court hearing of October 20, 2015, the defendant party filed a motion on applying limitation period on the grounds that the plaintiff party had submitted the claim to the Court in violation of the provisions of the RA Code of Civil Procedure.

The plaintiff party first submitted to the General Jurisdiction Court of Avan and Nor Nork administrative districts of Yerevan city a claim on public apology, publication of the court judgment by the media and payment of compensation, but the Court returned the claim on the pretext that it was beyond its jurisdiction. Afterwards, on December 8, 2014, the plaintiff party filed a similar claim with the General Jurisdiction Court of Lori Marz (Region), and judge B. Grigoryan ruled to return the claim since it was submitted in violation of Article 88(1) (a document certifying the fact of payment of the state duty under the procedure and in the amount established or a motion on delaying or deferring or reducing the amount of the state duty in cases prescribed by law shall be attached to the claim) and Article 92(1)(5) (no documents were submitted to certify the payment of state duty under the procedure and in the amount established, and either no relevant motion was submitted on delaying or deferring or reducing the amount of the state duty in cases prescribed by law or such a motion was dismissed) of the RA Civil Procedure Code.

On January 23, 2015, the plaintiff party submitted another claim to the General Jurisdiction Court of Lori Marz (Region), which was admitted by judge V. Hovnanyan on January 26, 2014.

In all the cases above, the plaintiff party submitted the claims to the court in violation of the provisions of the RA Civil Procedure Code.

At the court hearing of April 13, 2016, the plaintiff party submitted to the Court the delivery receipt stating that the plaintiff party had sent its claim to the General Jurisdiction Court of Lori Marz for the 3rd time on December 25, 2014 (the Court received it on January 23, 2015). However, the plaintiff party could submit no evidence on the date when it had received the ruling on returning the claim by B. Grigoryan, judge at the General Jurisdiction Court of Lori Marz; within 3 days after its receipt, the plaintiff party had to submit its claim.

The Court passed to the stage of evidence examination during which it examined the documents and videos attached to the case.

Defendant’s representative, A. Zalyan, lawyer at HCA Vanadzor, filed a motion on attaching to the case under examination a publication by newspress.am news website entitled Patients Suffer Beating at Salt Mine Psychiatric Clinic («Աղի հանքի հոգեբուժարանում հիվանդներին ծեծում են») describing how 39-year-old A. Chatinyan treated at Avan Mental Health Center expressed discontent with the situation at the Center. The publication also covered discontent by others.

The Court dismissed the motion above since the case is already at the stage of trial proceedings.

Considering the stage of evidence examination complete, the Court scheduled the day for announcing the judgment.

The Court’s judgment will be announced on April 28, 2016, at 5 pm.

See also: hcav.am