Pre-Trial Court Hearing on Gayane Arustamyan’s Case Adjourned
00:12, October 3, 2015 | News, Own news | Freedom of Movement, Right to be free from torture and inhuman or degrading treatment, Right to liberty and securityOn September 22, 2015, the RA Administrative Court, presided by judge H. Ayvazyan, examined the RA Police claim against Gayane Arustamyan on bringing her to administrative responsibility. The pre-trial court session was attended by representative of the RA Police Sona Melikyan, Senior Legal Adviser at Kentron Division, RA Police Yerevan City Department, and defendant Gayane Arustamyan’s legal representative Tatevik Siradeghyan, HCA Vanadzor lawyer. Upon presenting the subject of the claim, the plaintiff’s representative S. Melikyan noted that the claim required to bring G. Arustamyan to administrative responsibility for insulting a police officer fulfilling his duties to ensure the public order and public security. S. Melikyan stated that the police officer whistled trying to warn a person taking the street through red traffic lights, as another person told him in an insulting tone: ”Why are you whistling, you donkey?” According to the police representative, G. Arustamyan continued showing offensive and degrading behavior and did not obey the police officers who therefore had to use special measures, handcuffs. Then the police officers took her to Kentron Division, RA Police Yerevan City Department and drafted an administrative offense protocol. Due to handcuffs failure, the police first called the emergency service and then the ambulance. Upon noting on her complete objection against the claim, the defendant’s representative considered it necessary to file with the Court a motion to suspend the proceedings and apply to the RA Constitutional Court. She also mentioned that the act attributed to G. Arustamyan stipulates responsibility for publicly insulting a police officer or a serviceman, that should concern his/her duties to protect the public order and public safety. Meanwhile, according to her, Articles 3 and 14 of the RA Constitution protect the dignity of the person rather than that of state authorities and their representatives from infringements by another person. She also added that while as a person, any representative of the state authorities also enjoys the right to his/her dignity, they shall use equal measures of protection against such infringements, since Article 14.1 of the RA Constitution prohibits any discrimination stipulating as follows: “All persons are equal before the law.” Thus, finding that Article 172.3 of the RA Code of Administrative Offences contradicts Articles 3, 14 and 14.1 of the RA Constitution, T. Siradeghyan motioned to suspend the proceedings and apply to the RA Constitutional Court to rule on the compliance of the Article above with the RA Constitution. T. Siradeghyan also submitted to the Court the response to the claim and stated that she would announce it upon the Court’s ruling on the motion. To rule on the motion by the defendant party, presiding judge H. Ayvazyan considered it necessary to adjourn the court hearing and schedule another pre-trial court hearing for October 19, 2015, at 12:10 pm.