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On April 27, 2016, the RA Administrative Court, presided by judge A. Harutyunyan, held the second court hearing on J. B. Ozkirisyan v. RA National Security Service.

Note that plaintiff’s representatives Artur Sakunts and Ani Chatinyan required declaring unlawful the actions of the RA National Security Service which resulted in including the plaintiff’s data in the databank of the foreigners declared persona non grata in the RA, as well as annulling the refusal of the administrative complaint, submitted by letter of October 2, 2015 and compelling the RA National Security Service to remove the plaintiff’s data from the databank above. The previous pre-trial court hearing on this case was adjourned based on the plaintiff’s motion to specify the requirements of the claim.

The pre-trial court hearing of April 27, 2016 was attended by plaintiff’s representatives, attorney Ani Chatinyan, lawyer at HCA Vanadzor, and attorney Artur Harutyunyan, who by submitting to the Court the power of attorney issued by J. Ozkirisyan, was engaged in the proceedings as his representative. The court hearing was also attended by Tatul Ghukasyan, representative of the defendant RA National Security Service.

Defendant’s representative T. Ghukasyan submitted to the Court the letter of the RA National Security Service to the effect that on April 26, 2016, the data regarding J. Ozkirisyan were removed from the databank of foreigners declared persona non grata in the RA.

Considering the change that occurred and finding that the third requirement presented in the claim was pointless since the required action had already been taken, plaintiff’s representative A. Harutyunyan withdrew the third claim requirement and requested the Court to discontinue the proceedings of the case. At the same time, A. Harutyunyan insisted on the other claim requirements noting that if the actions and the administrative act of the administrative agency were declared unlawful, J. Ozkirisyan would have an opportunity to receive compensation for the damages sustained.

Guided by the provisions of Article 96 of the RA Administrative Procedure Code and taking into account the fact that the plaintiff had withdrawn the claim requirement, the Court ruled to discontinue the proceedings in terms of the part of the claim on compelling the defendant to remove the plaintiff’s data from the databank of the foreigners declared persona non grata in the RA.

The Court asked for the position of the plaintiff party on exhaustion of the actions in terms of the requirement to consider them unlawful. A. Harutyunyan mentioned that the RA National Security Service had transmitted the data to the databank of the foreigners declared persona non grata in the RA in compliance with the procedure as prescribed by the RA Government, which put an end to the challenged actions.

The Court noted that it was about exhaustion of the actions and considered them exhausted on the grounds that the plaintiff’s data had already been removed from the databank above.

Hence, the Court considered the case to be ready for trial proceedings and ruled to schedule trial proceedings.

The trial proceedings on this case will be held on July 6, 2016, at 3 pm.