Nikolay Baghdasaryan was charged pursuant to article on illegal collecting, keeping, use and dissemination of information pertaining to personal or family life (Article 144 of Criminal Code of the RA).
Nikolay Baghdasaryan filed a complaint contesting the prosecutor’s decision on terminating filing criminal proceeding.
Nikolay Baghdasaryan with his 6 colleagues attended the court hearing which took place in the Court of First Instance of Shengavit Community of Yerevan (presiding judge Aleksander Azaryan).
He stated in the court: “Article 290 of the Criminal Procedure Code states, before appealing an action in the court, you should first address the prosecutor, then the court. In case of missing the phase the court can reject the suit. Prosecutor’s office answers that we have to preserve the procedure, but we shall not examine your complaint. So, on the one hand the prosecutor says, that according to article 290 we should write a complaint, and on the other hand answers in a written form that they have right not to examine our complaint”- The advocate presented a document, proving his words, in the court.
At the same time he mentioned that the prosecution has rejected the claims of people in the same situation: “On one hand the same person of prosecutor’s office states that they can’t examine Nikolay Baghdasaryan’s complaint, but they examine and make a decision about the other’s complaints”- says the advocate.
One of Nikolay Baghdasaran’s defenders Samvel Jaghinyan stated that there is another similar complaint in the Court of General Jurisdiction of Kentron and Nork-Marash Administrative District: “Imagine a situation, if we initially satisfy this complaint, but the Kentron Court does not meet it, we will face a juridical casus, we shall have two judicial decisions. To avoid all this, I think that it shouldn’t be examined in the Court of Kentron, because the decisions are related to each other, let’s not create juridical chaos”-he stated.
Referring to the advocate’s words, the prosecutor stated that such juridical casus cannot occur. “The first complaint referred to another case, particularly to my decision, and the other one referred to the decision of the prosecutor of Yerevan. So they are different decisions, and I do not think there will be a casus”- said the prosecutor.
The next Court Session was set on 22 October.
Gevorg Tosunyan
