New Decision of ECHR: The state will pay 3600 EUROs to Garegin Ghuyumchyan’s Son

On 21 January, The European Court of Human Rights made a judgment on the case “Ghuyumchyan v. Armenia”.

The applicants are Garegin Ghuyumchyan’s son, daughter and wife. The applicants, were represented by the lawyer Mr E. Marukyan, the deputy of the RA National Assembly.

It is reported that Garegin Ghuyumchyan and his wife ran a printing house and a small spirit factory as a family business.

On 19 July 2002, Garegin Ghuyumchyan was charged with bribe taking and made an undertaking not to leave his residence.

A truck and a television set belonging to him were seized. It appears that he then hired a defense lawyer.

On 25 September 2002, the investigating authority decided to dismiss the charge against Garegin Ghuyumchyan for lack of evidence, lifted the seizure and cancelled the undertaking.

IMG_0085-440x293In 2004, the family business was sold to a private person.

On 29 October 2004, Garegin Ghuyumchyan instituted proceedings seeking compensation for wrongful prosecution. In particular, he claimed reimbursement for legal and transport costs. He also claimed compensation for the loss of his family business, alleging that as a result of the prosecution he could not run it and had to sell it at a low price.

In 2006 the Lori Regional Court granted the claim in part, ordering reimbursement of legal costs and part of the transport costs. The applicant lodged an appeal, but the Court upheld the decision of the First Instance Court. Garegin Ghuyumchyan lodged an appeal with the Court of Cassation against the judgment of the Court of Appeal. The Chief Registrar of the Court of Cassation returned the appeal, informing him that it had not been admitted for examination as it had not been lodged by an advocate licensed to act before the Court of Cassation.

In 2006 Garegin Ghuyumchyan lodged a request with the Chamber of Advocates of Armenia, seeking to receive legal aid. The Chamber of Advocates of Armenia informed him in a letter that the Advocacy Act did not provide for legal aid for the type of proceedings in which he was involved.

On 17 November 2006 Garegin Ghuyumchyan lodged a complaint with the Lori Regional Prosecutor’s Office alleging that he had been beaten by the Head of the Lori Region of Armenia.

In 2007 Garegin Ghuyumchyan died of a heart attack.

According to the decision of the European Court of Human Rights, the Republic of Armenia shall pay 3.600 EUROs to Garegin Ghuyumchyan’s son.

Iravaban.net

 

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