“The ANC activists that were detained to the police station merely broke the public order. It was an administrative detention, however, the fingerprints are taken, and accusation type of questions were asked. These are elements of criminal prosecutions”, – so responded lawyer Ara Ghazaryan to the question of Aravot of what extent the European case law is applied in Armenia. He assured that similar situations are registered in the course of years, and these cases can be sent to the European court without investigation. He further detailed, “From the viewpoint of the European case law, we have good precedents of detention by the Court of Cassation, which are not applied in our practice. The important question that I am concerned about is the administrative detention procedure, which is distorted in Armenia. Here, the case law may have a great role, where the precedent case of the Court of Cassation would be essential for us to express position on this. The way that the police are exercising it shows that its true objective is being distorted. We believe that in many cases a criminal prosecution in conducted under the administrative proceeding.” Aravot.am asked Hrayr Tovmasyan, RA Minister of Justice, whether the Minister finds the claim fundamental that ANC activists have no right to take fingerprints, the Minister responded, “I should be not original in this case and say that I refrain from giving assessments to the cases that are at the court instances. My any word may affect the process of investigation or the judicial authorities. Let me keep to my principle. One day when I no longer will be a Minister, as before, I will analyze these issues.” To our observation whether the position of being a minister hampers Mr. Tovmasyan, he responded, “Not hampers, but places restrictions based on the position. Like in your everyday life you cannot behave free, so as during such orientations.”
Tatev HARUTYUNYAN
