Kotayk AAC protects the Citizen’s Rights Infringed by the Police

On 12.01.2010, Mr. N. Alexanyan from Vanatur district of Hrazdan city applied to Kotayk Marz AAC. He was concerned with the fact of negligence and carelessness of the law enforcement bodies towards the offence committed against him. The problem was that Alexanyan’s family had had a civil dispute with their neighbor family referring to the land plot, and had applied to the Court of General Jurisdiction of Kotayk Marz with a request to consider this dispute. On 24.09.2009 the judge who considered the case had visited the disputable land area in the framework of the Civil Case. According to the information of the citizen, during the examination of the location the judge had stated that the land belonged to the Alexanyan family. The neighbor’s sons, who were working in the police, were concerned with the fact and in the presence of the judge the secretary of the court and of the other neighbors, attacked and beat up Alexanyan. The Judge had registered the fact and imposed disciplinary fine of 100000 AMD upon the mentioned persons.

On 29.09.2009 Mr. Alexanyan wrote letter of complaint to the Chief of Police of the Republic of Armenia. On 09.10.2009 the Staff of The RA Police demanded and received from the judge the protocol referring to the fact of the occurrence. Further, the police representatives took explanations and evidences from Alexanyan and the witnesses about the case. However, by the moment when Alexanyan applied to Kotayk AAC, there was no reply from the police. There was no response for a rather long period of time. On 1 February 2010 the head of Kotayk AAC compiled an application to Mr. Alik Sargsyan, Chief of Republic of Armenia Police, as well as supported the beneficiary to prepare an application to the Ombudsman of the RA.  It is due to mention that the Court of General Jurisdiction of Kotayk Marz had made a decision in favor of Mr. Alexanyan. The Respondent appealed the decision in the Civil Court of Appeal of the RA.

The reply of the Staff of The RA Police to the above mentioned application was received on 15 February 2010, which said that the policemen, who committed the illegal act (beat up) against Mr. Alexanyan, shall be called to disciplinary liability and the case shall be sent to the Special Investigation Department for further examination.

Parallel to this, on 12.02.2010 the reply from the office of Ombudsman of the RA was received as well. The reply said that the case was accepted for consideration. Further, during consideration of the case advocate A. Hakobyan was involved in the process as well in order to provide complete support to the citizen.

A. Hakobyan participated in the court hearing in the Civil Court of Appeal of the RA, and filed a motion to delay the court hearing in order to get acquainted with the materials of the case.

During this period N. Alexanyan was invited to the Special Investigation Department, which was examining the case. Mr. Alexanyan, accompanied by his advocate A. Hakobyan, as well as the two policemen who had insulted the citizen came to the Special Investigation Department to provide evidences.

After the interrogation the situation changed radically. The investigator tried to reconcile the opponents. Further the representatives of the respondent, including the policemen who had committed the offence accepted the correctness of the citizen in the land issue and asked (even begged) him to withdraw the complaint from the Special Investigation Department.

Eventually in early March they signed a reconciliation agreement with N. Alexanyan and his family, where they renounced from the claims upon the land, and waived their claim submitted to the Administrative Court, where they intended to provide new evidences ion order to win the case in the Civil Court of Appeal.

On 8 April 2010, the Civil Court of Appeal of the RA approved the Reconciliation Agreement

Actually, in result of consecutive and principle work of Kotayk AAC the delinquent policemen were called to responsibility and at the same time land ownership right of N. Alexanyan and his neighbors were protected. And what is even more important the confidence and trust of Mr. Alexanyan and his family members towards the law and the law enforcement bodies were restored.

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