The RA Constitutional Court started proceedings on head of “Asparez” club Levon Barseghyan’s application. Levon Barseghyan and his representative in the court, MP, human rights defender Artak Zeynalyan disputed the inconsistency of the legislative norms of violation of the privacy immunity and right for personal freedom with the Armenian Constitution.
The law envisages compensation for moral damage for deprivation of freedom, but does not provide compensation for moral damages for the violation of other fundamental rights. This refers to violations of freedom of gatherings, freedom of expression, freedom of mobility and other rights.
Let us remind that on September 21, 2011, during the celebrations organized on the 20th anniversary of Armenia’s Independence, Levon Barseghyan was detained and kept for three hours at the police station. He was released only after the military parade. On that day, Levon Barseghyan was trying to conduct a peaceful gathering and to express his disagreement to present foreign flags on the 20th anniversary of Armenia’s independence. The Russian troop also took part in the parade.
“We appealed to the court to recognize the violation of his right. Two years later, the court recognized that he had been arrested and recognized that his right to freedom of gathering, his right to freedom of expression, and the right to free movement were violated”, said Artak Zeynalyan, adding that they also tried to achieve fair compensation for judicial expenses and moral damage. The court decided that the police should pay 200,000 drams to Levon Barseghyan.
“For the first time in the history of Armenia compensation for moral damage was applied in administrative legal relations”, he said, adding that the law was adopted in 2003 and had never been applied. But Levon Barseghyan received money only for detention, compensation for moral damage for violations of the right to freedom of gathering, the right to free expression and the right to free movement was not provided. Meanwhile, according to Artak Zeynalyan, 200,000 drams are too small to restore the right.
The Constitutional Court session for the case is scheduled for November 7.
Nelly GRIGORYAN
