The Central Electoral Commission has not given a decent answer to the proposals of HCAV. The Court has ruled it lawful12:10, December 9, 2017 | News, Own news | Electoral Rights
HCA Vanadzor systematically submitted proposals to the RA Central Electoral Commission to initiate administrative proceedings in regard to the violations that occurred during the campaign prior to the elections to the RA National Assembly of April 2, 2017. The Commission considered these proposals as applications and refused to initiate proceedings. HCA Vanadzor is appealing the inaction of the Central Electoral Commission in court.
On March 18, 2017 HCA Vanadzor submitted proposals in regard to the pre-electoral campaign being run during RA Prime Minister Karen Karapetyan’s working hours, Gagik Tsarukyan and Arakel Movsisyan making pre-election pledges and deploying a Republican Party campaign office in the budiling of Tsaghkahovit’s Community Council in Aragatsotn Province.
With the decision of March 25, 2017, the RA Central Electoral Commission ruled the Prime Minister running his campaign during his working hours and the deployment of a Republican Party campaign office in the building of the community council lawful. In regard to Gagik Tsarukyan and Arakel Movsisyan, the CEC informed that they had already received a warning. However, under Article 19 of the RA Electoral Code, a warning is not a means of holding one liable, and only a court can determine the responsibility on the basis of the claim of the RA Central Electoral Commission.
With regard to another proposal, the CEC concluded that the rights of the Organization had not been violated, and the latter had no right to submit applications of such content.
However, under Article 53 of the RA Constitution, everyone can submit proposals to state bodies, and the Central Electoral Commission had to give a lawful and substantiated answer.
What should be noted is that the Organization was present at the discussion of only part of the proposals; the remaining proposals were discussed at the absence of the Organization.
In regard to receiving a decent response to the application-proposals and recognizing the decision of the CEC unlawful, HCA Vanadzor applied to the court on April 6, 2017.
The RA Administrative Court initiated proceedings only with regard to the first part and the case was investigated on November 28, 2017. On December 5 the Court decided to reject the claim.
We will provide the details upon familiarizing ourselves with the decision.