A criminal case is to be initiated against the officers of the Compulsory Enforcement Service for the non-implementation of the judicial act executed against the Yerevan City Council
18:19, April 9, 2018 | News, Own news
Under the decision of October 10, 2002, the Mayor of Yerevan provided Yerevan resident Margarita Papoyan with a five-square-meter area on Tumanyan Street for a period of 7 years instead of the area of her kiosk in the property alienation zone of Northern Avenue. However, the decision remained on paper, and no lease agreement was concluded with her.
Margarita Papoyan decided to restore her rights in a judicial procedure and applied to the RA Administrative Court. As a result, under the decision of July 30, 2008, the Administrative Court obligated the Yerevan City Council to execute the decision of October 10, 2002 and concluded a lease agreement with M. Papoyan.
The judicial decision also remained on paper despite the fact that the decision was subject to compulsory enforcement.
With the aim of protecting their rights, M. Papoyan and Kh. Melkonyan applied to Helsinki Citizens’ Assembly-Vanadzor. The Organization submitted a crime report. However, the RA Special Investigative Service did not see any crime elements in the actions of the officers of the Compulsory Enforcement Service (CES) and passed a decision on refusing to initiate a criminal case on December 4, 2017.
After appealing the decision to a higher instance and receiving a rejection, M. Papoyan and Kh. Melkonyan, with the support of HCA Vanadzor, appealed the CES decision at the Court of General Jurisdiction of Yerevan.
On April 3, 2018, during the court session held at the Kentron residence of the Court of General Jurisdiction of Yerevan, Kh. Mejlumyan, investigator of particularly important cases at the RA Special Investigative Service, objected to the complaint submitted. The court inquired why the actions of the officers of the Yerevan City Council did not become a subject of examination at the stage of the preparation of the materials. In response to that, Kh. Mejlumyan answered that they were not implementers of special state service, and only the actions of the CES officers were examined.
Thus, the court hearing ended. Under the decision passed a little later, the court upheld the appeal and annulled the decision passed by Kh. Mejlumyan, PIC investigator at the RA SIS (Special Investigation Service), on December 4, 2017.