Further evidence on Gayane Arustamyan’s case to be submitted18:10, September 28, 2016 | News, Own news | Freedom of Movement, Right to be free from torture and inhuman or degrading treatment, Right to liberty and security | Gayane Arustamyan, Police
On September 24, 2016, the RA Administrative Court, presided by Judge H. Ayvazyan, carried out trial examination of the administrative case under the RA Police claim against Gayane Arustamyan on bringing her to administrative liability and Gayane Arustamyan’s counter-claim against the RA Police to declare the RA Police actions unlawful. Note that the previous court hearing on this case was postponed due to the expired period of the power of attorney of the RA Police representative.
The court hearing was attended by Sona Melikyan, representative of plaintiff and counter-defendant RA Police, and Tatevik Siradeghyan, representative of defendant and counter-plaintiff G. Arustamyan and lawyer at Yerevan Office of HCA Vanadzor.
The Court verified the identities and powers of attorney of the Parties. S. Melikyan submitted to the Court another power of attorney.
The Court asked T. Siradeghyan some questions concerning the re-submitted motion of G. Arustamyan’s representative on suspending the proceedings and applying to the RA Constitutional Court in an attempt to find out the grounds for submitting such a motion. In response to this question, the latter answered that the RA Constitutional Court rejected to admit the application on the pretext that disputed Article 172.3 of the RA Code of Administrative Offences was not applied to G. Arustamyan rather than that an issue of unconstitutionality was not raised.
However, the Court rejected the motion on the pretext of being groundless and noted that the Court might apply to the RA Constitutional Court based on a relevant position.
The Court asked whether the Parties had any motions on involving witnesses under the case; the Parties had no such motions.
In response to the question of S. Melikyan, representative of the RA Police, on the progress in appealing the ruling on suspending the criminal proceedings of the case, Gayane Arustamyan’s representative noted that due to appealing this ruling, the appeal filed with the RA Court of Cassation was returned with a deadline set to remove the omissions found there, after which on August 25, 2016, the appeal was re-filed with the RA Cassation Court which has not responded to it so far.
The Court asked the opinion of the Parties on suspending or delaying the proceedings of the case given that the decree on suspending the criminal proceedings investigated by the RA Special Investigation Service has not become effective yet. T. Siradeghyan did not consider it necessary to suspend the proceedings of the case and at the same time mentioned that proving absence of corpus delicti in the action of the RA Police officers might not exclude the unlawfulness of their actions.
The Court decided to adjourn the court hearing due to the necessity of further evidence.
The Parties will further be notified of the date and time of the next court hearing.