European Court of Human Rights received the complaint of Karen Kyupelyan illegally kept for almost a day in NSS administrative building12:40, October 4, 2017 | News, Own news | Right to an Effective Remedy of Legal Protection, Right to liberty and security
The European Court of Human Rights confirmed receipt of the complaint of Karen Kyupelyan illegally kept in the NSS administrative building on November 1-2, 2007.
The complaint was filed with the ECtHR on April 21, 2017 by his representatives Arayik Zalyan, lawyer at Helsinki Citizens’ Assembly-Vanadzor, and Tatevik Siradeghyan, lawyer at Yerevan office of the Organization.
NSS officers E. Nanyan, H. Mazmanyan and another officer apprehended businessman Karen Kyupelyan from Zvartnots airport by his personal car to the administrative building of the NSS. By order of his supervisors E. Nanyan and T. Aghajanyan, H. Mazmanyan kept K. Kyupelyan in the administrative building for 23 hours.
On July 14, 2015 the RA Prosecutor General’s Office initiated criminal proceedings and brought charges of abuse of power against H. Mazmanyan. Later, Karen Kyupelyan was declared victim and A. Sakunts, Chairman of HCA Vanadzor, and T. Siradeghyan, lawyer at the Organization, took on protection of his rights.
On March 17, 2016 the General Jurisdiction Court of Kentron and Nork-Marash administrative districts of Yerevan city, found H. Mazmanyan guilty but exempted him from criminal prosecution due to expiry of the limitation period.
And the RA Special Investigative Service saw no elements of crime in E. Nanyan’s and T. Aghajanyan’s actions and by its decision of October 19, 2015 suspended the criminal prosecution against them.
The aggrieved party’s complaints against the decision were not granted and the RA Cassation Court did not admit them.
The complaint was filed with the European Court of Human Rights on violations of Articles 5 and 13 of the European Convention on Human Rights.
The applicants stated that K. Kyupelyan was apprehended to the NSS administrative building illegally. The NSS officers did not present to him the grounds and reasons for his apprehension and kept him detained for almost a day without giving him the status of arrested person. By doing so, they violated his right to liberty and security of person set under Article 5 of the ECHR.
The right to an effective legal remedy under Article 13 of the ECHR was also violated. Karen Kyupelyan has no other option of getting compensation than indictment against someone.
The ECtHR confirmed receipt of the complaint by its letter of August 22, 2017.
Karen Kyupelyan and his representative T. Siradeghyan also filed a claim for non-material damage compensation with the General Jurisdiction Court of Kentron and Nork-Marash administrative districts of Yerevan city demanding 3.500,000 Armenian drams.
The examination of the claim is scheduled for October 4, 2017, at 3 pm.