Protester V. Petrosyan’s representative demands to suspend the proceedings16:43, May 30, 2017 | News, Own news | Freedom of Assembly and Association, Freedom of Information and Speech, Right to be free from torture and inhuman or degrading treatment, Right to liberty and security
On May 29, 2017 the RA Court of Appeals resumed examination of protester Vahram Petronsyan’s case.
Note that the RA Police demanded to prosecute the protester under Article 180.1(11 and 15) of the RA Code on Administrative Offences and V. Petrosyan demanded by a counter-claim to declare unlawful the RA Police actions of dispersing the assembly, arresting him and using physical force.
The pre-trial hearing was attended by RA Police representative Sona Melikyan and V. Petrosyan’s representative T. Siradeghyan, lawyer at Yerevan office of HCA Vanadzor.
S. Melikyan presented the substance and grounds of the claim. She noted that by the said claim they demanded that administrative sanctions were imposed on V. Petrosyan for violating the normal course of the assembly held on Mashtots Avenue in Yerevan city on March 24, 2016 and not obeying an order.
V. Petrosyan’s representative objected to the claim and demanded the protocol on the offence as set out under Article 180.1(11) of the RA Code of Administrative Offences. S. Melikyan noted that a protocol on administrative offence was drafted and submitted to the court along with the materials on the proceedings on the administrative offence.
T. Siradeghyan motioned to suspend the proceedings of the case noting that the protocol under the case concerned solely the offence under Article 180.1(15) of the RA Code of Administrative Offences and the Court might consider the issue on imposing administrative sanctions only if there was a relevant protocol.
The Court said that it would refer to the motion in the judicial act solving the case on the merits.
Then T. Siradeghyan presented the grounds and substance of the counter-claim. She noted that the police actions led to the violation of V. Petrosyan’s freedom of assembly, freedom of expression, liberty and security of person as well as freedom of movement and right to be free from torture, inhuman or degrading treatment.
The Court also referred to establishing the facts to be proved, which, according to the Court, were the facts in support of taking actions by V. Petrosyan obstructing the normal course of the assembly, giving him an order, the legal nature of such order, provision of the grounds and reasons for depriving him of liberty during his arrest and explaining the rights and freedoms after deprivation of liberty.
The trial examination date was scheduled for July 7, 2017, at 2:30.
Note that on March 24, 2016 V. Petrosyan took part in the assembly before the examination of the motion on extending Gevorg Safaryan’s detention. The assembly participants were apprehended by force and taken to Kentron Division of the RA Police Yerevan City Department where they faced administrative proceedings.