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The Constitutional Court Will Make A Decision In A Few Hours

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  • The Constitutional Court Will Make A Decision In A Few Hours

    THE CONSTITUTIONAL COURT WILL MAKE A DECISION IN A FEW HOURS

    A1+
    [02:15 pm] 18 April, 2006

    The Hearing Of The Ombudsman's Application Was Short

    Today the Human Rights Protector Armen Haroutyunyan continued his
    disputes on the Civil and Land Codes articles and on one governmental
    decision. The construction of elite flats and the process of depriving
    the inhabitants of their dwelling places in the city centre were
    determined by the above mentioned Codes. The previous session was
    interrupted as the respondent side, the Government representative
    David Haroutyunyan was obliged to present the Government's decisions
    mentioned by him by which the executive body was entitled to realize
    the centre of the capital. The next cause for the session interruption
    was the fact of giving arguments of the claimant and respondent to
    the experts for further consideration. Today the CC Chairman Gagik
    Haroutyunyan announced that they already have the necessary documents,
    the conclusions of the experts and wait for the claimant and respondent
    to make their final speeches.

    The Ombudsman Armen Haroutyunyan claimed in his speech that the
    arguments in question are anti constitutional; this fact was also
    asserted by the experts. The President's representative Gevorg
    Mheryan had nothing to say on anti constitutional arguments as the
    newly appointed assistant of the President said nothing new in the
    last 2 sessions. As for the Government representative's speech Armen
    Haroutyunyan said, "The respondent's speech and questions confirmed my
    persuasion that the disputed legal acts are anti constitutional." While
    speaking of the Civil Code anti constitutional Article 218 he said
    that there was no mention of the public predominant interest in it
    which would allow to buy the citizens' lands or flats in order to
    suffice the needs of the country or community.

    The Justice Minister David Haroutyunyan changed his strategy in
    the final speech and he mainly relied on two factors to justify
    the Government's deeds; first of all there is not an article in the
    Constitution which will allow to take the citizen's property by law
    and secondly, the cities of all countries are developing according
    to their main plan; Yerevan was to develop as well. According to the
    Minister our legislation is not perfect, the Government's decisions are
    incomplete but they have no connection with the Constitution. He ended
    his speech with the following humanitarian phrase; the Government
    agrees that the money given to the displaced inhabitants is a
    compensation and not an income. By this step the Government wants to
    return the citizens the 10% income tax levied from them.

    The CC will make public its decision at 16:00. Today's session lasted
    only 1 hour. Meanwhile the inhabitants of the "zone for realization"
    gathered opposite the CC. The most astonishing is the fact that they
    don't believe in the Court at all.
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