On 28 March, the court hearing in the case of confiscation of properties and funds of allegedly illicit origin of Hrayr Tovmasyan, Judge of the Constitutional Court and his wife Lamara Khudaverdyan took place in the Anti-Corruption Civil Court. Presiding Judge Ashkhen Gharslyan.
According to Iravaban.net, Naira Artashesyan, Prosecutor of the Department for Confiscation of Property of Illicit Origin, presented the basis and object of the lawsuit in the court today. According to the plaintiff, the period under study was defined as the period from 7 June, 2002 until the end of the study. It is noted that during the study the respondents were invited, but did not appear at the Prosecutor’s Office. “They did not present a position or declaration.”
The Prosecutor’s Office demands to confiscate from Hrayr Tovmasyan and Lamara Khudaverdyan the apartment purchased by the couple in 2002, which is located in the Arabkir Administrative District (87.6 square meters) in favor of RA. Its cost is 12 thousand USD. According to the claimant, 73 percent of the value was not justified by the balance of legal income.
In addition, in 2007, Hrayr Tovmasyan bought a residential house in Darakert village of Ararat region (building: 527.2 square meters, plot: 0.088 hectares) for 7 million AMD. In the same year, the CC judge bought an apartment on Alek Manukyan street for 23 million AMD, which he alienated in 2014.
“In the same year, the latter received a salary of 7 million 153 thousand AMD. Hrayr Tovmasyan and his wife made loan repayments and other payments in the amount of 1 million 377 thousand AMD. Based on the received incomes, incurred expenses, the legality of 2 million 871 thousand AMD or 46 percent of the amount needed for the purchase of a residential house in Darakert village is not justified. The 23 million AMD needed for the purchase of an apartment on Alek Manukyan Street is also not justified,” Naira Artashesyan said, adding that at the end of 2007, Hrayr Tovmasyan and his family members did not have a legal income balance.
In addition, in August 2013, Tovmasyan received 2 million 600 thousand income from the rent of the premises on the first floor of building 8/1 on Alek Manukyan Street, of which only 4 percent (104 thousand AMD) was considered legal.
“During the months of October to December 2013, Tovmasyan received 2 million 400 thousand AMD from the lease of real estate in Baghramyan Avenue, of which 55 percent (1 million 320 thousand AMD) was considered legal. In addition, in 2013, the latter bought an apartment (213.5 square meters) on Buzand Street for 83 million AMD, 99 percent of which is not justified by the balance of legal income,” the plaintiff noted.
The court suggested to the respondents’ representatives, Aram Orbelyan and Artur Hovhannisyan, to ask questions about the basis and subject of the lawsuit, but the latter stated that they cannot conduct an effective judicial defense in this case, until their motion to suspend the case is discussed.
It should be noted that on the basis of the application of at least one-fifth of the total number of opposition deputies of the National Assembly, the question of conformity of the he Law on Confiscation of Property of Illegal Origin, with the Constitution is being examined in the Constitutional Court. Judge Hrayr Tovmasyan also participates in the examination. Lawyers believe that the thoughts and opinions expressed by the judge in the framework of the civil case can “oppose” the requirements of the Constitutional Law “On the Constitutional Court” regarding impartiality.
“We have a unique situation. The impossibility of Hrayr Tovmasyan’s participation in the case has not been confirmed in the Constitutional Court at the stage of accepting the case for investigation. We have the following situation: Citizen Hrayr Tovmasyan has the right to judicial protection, which implies participation in the case and discussion. We also have a duty defined by the law “On the Constitutional Court” to participate in the judicial investigation, to be impartial and the judge should be quite limited in expressing his opinion,” Orbelyan noted, adding that he has not yet discussed the details of the case with Hrayr Tovmasyan, taking into account the cazus.
According to the representative, any decision of the court will satisfy him, because if the judge decides that there are no grounds for suspension, he will have a legal act, a court decision to discuss the details of the case without hindrance. “If the presiding judge says that she will not influence, then in popular language, I shall have a “printed paper”, and I shall say, Mr. Tovmasyan, we are moving forward.”
The court made a protocol decision regarding the petition, rejecting it.
“The refusal is based on the following arguments: the defendant makes an argument regarding the impossibility of exercising procedural rights, which does not derive from Article 187, Part 1, Clause 1 of the RA Civil Procedure Code. Suspension of the case proceedings on the mentioned basis is possible when there is a direct connection between 2 cases in terms of factual circumstances or applicable legislation. The resolution of the issue of the constitutionality of any legal provision in the constitutional proceedings must directly inhibit the possibility of conducting judicial actions in another case. However, the petition in question was not brought with reference to that argument, therefore, the existence of a ground for suspension is not justified,” Presiding Judge Ashkhen Gharslyan said, adding that Hrayr Tovmasyan has the possibility to exercise his procedural rights and powers.
The court session was postponed.
Yevgenya Hambardzumyan
