The actions attributed to the protester have not been proved at the court; however, the claim of the Police has been upheld
17:45, January 18, 2018 | News, Own news | Freedom of Assembly and AssociationOn January 18, 2018 the examination of the appeal by protester Vardan Balyan and his representative T. Siradeghyan, lawyer at HCA Vanadzor Representative Office in Yerevan, was commenced at the RA Appellate Administrative Court.
Vardan Balyan is a participant in the assembly held prior to the examination of the motion with regard to extending Gevorg Safaryan’s detention period. With the claim submitted to the RA Administrative Court, the RA Police demanded to start administrative proceedings against him under Article 180.1 (11 and 15) of the RA Code of Administrative Offenses.
On November 28, 2016 the court upheld the claim in part and fined the protester in the amount of 70,000 AMD.
The protester and his representative demand to overturn the judicial act of the Administrative Court and introduce a new judicial act, denying the claim to start administrative proceedings under Article 180.1 (15) of the RA Code of Administrative Offenses.
In the submitted appeal they put forward the argument that no proofs of the offense under Article 180.1 (5) of the RA Code of Administrative Offenses were obtained at the Administrative Court. The proofs obtained throughout the examination of the case were not sufficient to evidence that the representatives of the Police had put forward a demand to V. Balyan, let alone that the demand had been put forward in accordance with the established procedure.
It should be noted that the Administrative Court revealed that the protester had not engaged in conduct disrupting the normal course of the assembly; therefore, there could not have been a demand to refrain from it.
S. Melikyan, the representative of the RA Police, objected to the appeal at the RA Administrative Appellate Court, stating that the fact of the offense had been substantiated under the decision of the RA Administrative Court.
Thus, the examination of the appeal ended.
The decision of the RA Administrative Appellate Court will be made public at 4.00 pm on February 7, 2018.