The European Court Investigates Violence Case against Armenian Human Rights Defender
For the first time, the European Court of Human Rights has been examining a case of violence against an Armenian human rights defender: on the case of Marina Poghosyan, the president of the “Veles” human rights NGO, the Court has passed to the communication stage of questions addressed to the Government of Armenia.
It should be reminded that on March 17, 2014, during the eviction of a family dwelling in Abovyan Street in Yerevan, officers of the Compulsory Enforcement Service of Judicial Acts executed abuse against the oldest member of the family, 77-year-old Zina Gyozalyan. After she had arrived at the scene, the human rights defender Marina Poghosyan tried to prevent violence, but in the result she herself was subjected to violence and humiliation.
In particular, the CES officers first deprived the human rights defender of freedom by locking her behind the door of one of the rooms and not allowing her to leave the place. Then, a little later, the door was opened, Poghosyan was pulled out from the place and thrown on the concrete stairs. Poghosyan was caused bodily injuries, which are proved by a medical paper.
Yet, the criminal case initiated on the grounds of the violence against Poghosyan was quashed and appealing in the courts of Armenia did not bring any results; the courts rejected Poghosyan’s appeal, and soon after it she applied to the European Court of Human Rights.
The complaint was submitted by the advocate Haykuhi Harutyunyan, who in her interview with the Arajin Lratvakan (the First News Agency) mentioned that, according to her information, this was the first case when the Court examined a case filed from Armenia related to violence against a human rights defender. “In the procedural aspect, the Court gives priority to examination of cases related to lawyers, advocates and human rights defenders. That is why only two years after the complaint has been sent, it has already communicated the case”, Haykuhi Harutyunyan says.
It should be noted that due to the heavy burden of the Court the consideration of complaints filed to the ECHR usually takes a lot longer, whereas in this case questions have already been addressed to the Government and a date has fixed for responses, which is May 22, 2018. The advocate thinks that the ECHR will make a decision on Poghosyan’s case in the middle of next year.
Particularly, the Court requested the Government to clarify whether Marina Poghosyan had been subjected to degrading treatment and whether the investigation of violence against a person had been effective.
Haykuhi Harutyunyan is convinced that the European Court will satisfy Poghosyan’s complaint. “I was confident that Marina Poghosyan’s rights had been violated, consequently we applied to the European Court. If the Court finds that there exists violation of Article 3 of the Convention, it will be pointed out that a need for more restrained behaviour by representatives of the state body towards actions of human rights defenders is emphasized”, the advocate says.
In her interview with the Arajin Lratvakan the human rights defender Marina Poghosyan mentioned that she was not really excited that the violation of the rights of a RA citizen and a human rights defender would be recorded not by Armenian courts, but by an international court. “I am sorry that in our country we are unable to reach justice because our courts still remain dependent and do not dare to make decisions according to the law, and we have to record the fact of violation of our rights at a supranational body”.
By the way, violence against Marina Poghosyan took place when Ida Melikyan’s family was evicted from their last residence. The latter claims that she has become a victim of usury and fraud by Hovhannes Yeritsyan, the former head of the Civil Aviation of Armenia. The “Veles” NGO is going on representing Ida Melikyan’s interests in Armenian courts.
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