The Administrative Court of the Republic of Armenia, presided over by Judge Lusine Boyajyan, rejected the request of the Ministry of Internal Affairs police against Abraham Gasparyan to bring him to administrative responsibility.
According to the police complaint, on June 12, a group of citizens, including Abraham Gasparyan, held a protest rally at the intersection of Demirchyan-Baghramyan streets and obstructed the free movement of other road users.
Police officers on duty approached the said place and allegedly demanded citizens, including the respondent, to open the road and not be an obstacle for other road users, the latter were given a reasonable time, but they refused to comply with the policeman's legal request.
An administrative proceeding was carried out by the police, on which Protocol No. 145 was drawn up for Abraham Gasparyan committing a misdemeanor under Article 182 of the RA Code on Administrative Offenses.
Based on the above, the police asked the court to subject Abraham Gasparyan to administrative responsibility.
After that, the police representative did not appear at the court session, although he was duly notified, and the case was examined in his absence. The representative of Abraham Gasparyan, the lawyer of the "Claim" law firm, Edgar Grigoryan, objected to the above-mentioned claim and stated that the police officer or any other officer did not introduce the defendant or the citizens present.
About 10 police officers approached Gasparyan, beat him and took him to the Kanaker-Zeytun police department, which is a well-known fact.
The court recorded that the materials of the administrative proceedings generally do not confirm the fact that the demand was made and that Abraham Gasparyan did not fulfill it.
According to Article 29, Part 1 of the RA Administrative Procedure Code, if any fact determining the outcome of the case remains unproven, then the party bearing the burden of proving that fact bears the negative consequences against Abraham Gasparyan, about the demand to bring the latter to administrative responsibility, to reject.
"The decision of the court enters into legal force one month after it is made and can be appealed to the Administrative Court of Appeal of the Republic of Armenia until the deadline for its legal entry into force.
I think that the Police of the RA Ministry of Internal Affairs will file an appeal in this case. In any case, we are ready to represent the interests of Mr. Gasparyan at that stage as well," Edgar Grigoryan said in his speech.
