Yesterday, on 04.02.2016, the European Court of Human Rights held a decision on Case Kirakosyan v. Armenia.
The circumstances of the case are the following:
The applicant has been a member of an opposition political party, the National Democratic Union, since 1995. Since 1997 he has headed the party’s local offices in the Baghramyan area. In March and April 2004 a series of protest rallies were organised in Yerevan by the opposition parties who voiced their criticism of the alleged irregularities which had taken place during the presidential election of February-March 2003 and challenged the legitimacy of the re-elected President. He alleged that the authorities retaliated by arresting, harassing and searching opposition supporters. On 10 April 2004 at 5.10 p.m. the applicant was arrested and taken to a police station where an administrative case was initiated against him for disobeying the lawful orders of police officers. On the same date the Armavir Regional Court sentenced the applicant to ten days’ administrative detention. The running of the ten-day administrative sentence was to be calculated from 10 April 2004 at 5.10 p.m.
On 20 April 2004 at an unspecified hour, the Armavir Regional Court examined and granted an investigator’s motion, which had apparently been lodged on the same date, seeking to have the applicant’s home searched. As a result of the search, a plastic bag containing a cannabis-like herb was found in the boiler situated in the hallway. On 21 April 2004 criminal proceedings were instituted against the applicant under Article 268 § 2 of the Criminal Code on account of illegal drug possession. On 22 June 2004 the Armavir Regional Court found the applicant guilty as charged and sentenced him to one and a half years’ imprisonment Article 268 of the Criminal Code.
The applicant exhausted all domestic remedies and applied to ECHR based on Articles 8 and 6 of the European Convention.
More detailed information on the Decision of European Court on Case Kirakosyan v. Armenia is available here.
