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Deputy Minister Asked For Bribe To Implement ECtHR Decision
Roza Hovhannisyan, Reporter
Law - Saturday, 05 July 2014, 14:33
The European Court of Human Rights will resume the examination of
applications of three families evicted from 25 Buzand Street at the
center of Yerevan. These families were deprived of their property in
the result of demolition of old center of Yerevan. The houses of this
territory were demolished in 2004, and most affected families are
still homeless. In 2011 the ECtHR passed a decision on the cases
Baghdasaryan-Zarikyantses v Armenia, Gharibyan v Armenia and the
Ghasabyans v Armenia but the government of Armenia has not implemented
the decision yet.
In 2010 the European Court informed the three families that the
Armenian government is offering a settlement and proposes to provide
them with apartments. "The European Court informed that the government
is making a proposal and asked if we objected. We agreed, we never
said that the government's offer was groundless, a sham. The European
Court sent me an official letter in which the representative of
Armenia to the ECtHR then Gevorg Kostanyan informed that the
apartments would be provided to us," said the chairman of Victims of
Eminent Domain NGO Sedrak Baghdasaryan one of the applicants of the
abovementioned cases.
In November 2011 ECtHR decided that the government of Armenia
reconciled with the applicants of the abovementioned three cases and
will provide them with apartments. According to the court decision,
apartments 31, 117.7 square meters, apartment 47, 117.7 square meters,
and apartment 63, 117.5 square meters at 4/6 Amiryan Street would be
provided to applicants of Baghdasaryan-Zarikyantses v Armenia,
Ghasabyans v Armenia and Gharibyan v Armenia respectively. These three
families were notified of the ruling of the ECtHR by a separate
letter.
The ruling set a deadline of three months. The families waited for
three months for the implementation of the ECtHR decision but having
received no official letter, in February 2012 they wrote a letter to
Gevorg Kostanyan who coordinated execution of ECtHR decisions,
presently the prosecutor general. Two days after sending the letter
the representatives of the three families were invited to the Ministry
of Justice.
"Ruben Melikyan, the ex-deputy minister of justice, met with us who is
now the provost of the Academy of Justice. He told us we have to pay
for the implementation of the court decision. I told Mr. Melikyan
there was no single letter about money in the ruling of the European
Court. It says that the court held that our rights have been violated
in breach of the European Convention on Human Rights, and the Armenian
government must provide us with apartments. Is there any word there
that I have to pay? He said no. If no, then why would I pay? He said
you know what, we supposed that you would give us some money. I said
you are a representative of a government body, I want to figure out
whether the state gave us money through the court? The state did not
give us money, the residents of the territories eligible for eminent
domain received a payment for their property and ownership by the
acquiring company, the state did not spend a cent. I was stunned that
the deputy minister of justice was asking money from me for
incomprehensible reasons," Sedrak Baghdasaryan told.
Earlier, under a court ruling, Griar CJSC, the contractor, paid his
family 23,000 USD for the house of 55.6 square meters and land at 25
Buzand Street. However, Sedrak Baghdasayan was dissatisfied with the
amount of compensation and applied to the European Court of Human
Rights. He asked the ex-deputy minister whom he should pay the amount,
the minister, the deputy minister or other high-ranking officials?
Sedrak Baghdasaryan asked Ruben Melikyan to send him an official
letter charging him the money, bringing the justification. "He said
OK, I will send you a letter, but he did not. I haven't received such
a letter," he said.
"If an official demands money from me which is not envisaged in the
court decision, it means he is asking for a bribe. And could the
deputy minister take this step on his own? Of course, he couldn't.
Consequently, he was told to do by the ex-minister of justice Hrair
Tovmasyan, and Hrair Tovmasyan might have received orders from higher
levels," Sedrak Baghdasaryan assumes.
Since 2011 the abovementioned families have not received any official
letter from the government explaining why the decision of ECtHR is not
implemented. Over this period Sedrak Baghdasaryan has inquired from
the State Real Estate Cadastre Committee whom the apartments 31, 40,
63 at 4/6 Amiryan Street belong to. An official response came that the
apartments had been sold a long time ago. "The government is swindling
not only us but also the European Court," Sedrak Baghdasaryan says.
The residents sent this document to the ECtHR, informing that the
Armenian government has not executed the ruling, they have not been
provided with apartments, and the mentioned apartments have other
owners.
The abovementioned families have learned that ECtHR will resume the
examination of their cases. It means that most probably the ruling
will be against the Republic of Armenia. And the Republic of Armenia
cannot refuse to execute a ruling.
Note that since 2007 the ECtHR has passed 14 rulings on applications
of evicted residents of demolished areas of Yerevan against the
Republic of Armenia. According to Sedrak Baghdasaryan, the total
amount of compensations paid to victims is 500,000 euro.
- See more at: http://www.lragir.am/index/eng/0/right/view/32693#sthash.VTGgOJuq.dpuf
Roza Hovhannisyan, Reporter
Law - Saturday, 05 July 2014, 14:33
The European Court of Human Rights will resume the examination of
applications of three families evicted from 25 Buzand Street at the
center of Yerevan. These families were deprived of their property in
the result of demolition of old center of Yerevan. The houses of this
territory were demolished in 2004, and most affected families are
still homeless. In 2011 the ECtHR passed a decision on the cases
Baghdasaryan-Zarikyantses v Armenia, Gharibyan v Armenia and the
Ghasabyans v Armenia but the government of Armenia has not implemented
the decision yet.
In 2010 the European Court informed the three families that the
Armenian government is offering a settlement and proposes to provide
them with apartments. "The European Court informed that the government
is making a proposal and asked if we objected. We agreed, we never
said that the government's offer was groundless, a sham. The European
Court sent me an official letter in which the representative of
Armenia to the ECtHR then Gevorg Kostanyan informed that the
apartments would be provided to us," said the chairman of Victims of
Eminent Domain NGO Sedrak Baghdasaryan one of the applicants of the
abovementioned cases.
In November 2011 ECtHR decided that the government of Armenia
reconciled with the applicants of the abovementioned three cases and
will provide them with apartments. According to the court decision,
apartments 31, 117.7 square meters, apartment 47, 117.7 square meters,
and apartment 63, 117.5 square meters at 4/6 Amiryan Street would be
provided to applicants of Baghdasaryan-Zarikyantses v Armenia,
Ghasabyans v Armenia and Gharibyan v Armenia respectively. These three
families were notified of the ruling of the ECtHR by a separate
letter.
The ruling set a deadline of three months. The families waited for
three months for the implementation of the ECtHR decision but having
received no official letter, in February 2012 they wrote a letter to
Gevorg Kostanyan who coordinated execution of ECtHR decisions,
presently the prosecutor general. Two days after sending the letter
the representatives of the three families were invited to the Ministry
of Justice.
"Ruben Melikyan, the ex-deputy minister of justice, met with us who is
now the provost of the Academy of Justice. He told us we have to pay
for the implementation of the court decision. I told Mr. Melikyan
there was no single letter about money in the ruling of the European
Court. It says that the court held that our rights have been violated
in breach of the European Convention on Human Rights, and the Armenian
government must provide us with apartments. Is there any word there
that I have to pay? He said no. If no, then why would I pay? He said
you know what, we supposed that you would give us some money. I said
you are a representative of a government body, I want to figure out
whether the state gave us money through the court? The state did not
give us money, the residents of the territories eligible for eminent
domain received a payment for their property and ownership by the
acquiring company, the state did not spend a cent. I was stunned that
the deputy minister of justice was asking money from me for
incomprehensible reasons," Sedrak Baghdasaryan told.
Earlier, under a court ruling, Griar CJSC, the contractor, paid his
family 23,000 USD for the house of 55.6 square meters and land at 25
Buzand Street. However, Sedrak Baghdasayan was dissatisfied with the
amount of compensation and applied to the European Court of Human
Rights. He asked the ex-deputy minister whom he should pay the amount,
the minister, the deputy minister or other high-ranking officials?
Sedrak Baghdasaryan asked Ruben Melikyan to send him an official
letter charging him the money, bringing the justification. "He said
OK, I will send you a letter, but he did not. I haven't received such
a letter," he said.
"If an official demands money from me which is not envisaged in the
court decision, it means he is asking for a bribe. And could the
deputy minister take this step on his own? Of course, he couldn't.
Consequently, he was told to do by the ex-minister of justice Hrair
Tovmasyan, and Hrair Tovmasyan might have received orders from higher
levels," Sedrak Baghdasaryan assumes.
Since 2011 the abovementioned families have not received any official
letter from the government explaining why the decision of ECtHR is not
implemented. Over this period Sedrak Baghdasaryan has inquired from
the State Real Estate Cadastre Committee whom the apartments 31, 40,
63 at 4/6 Amiryan Street belong to. An official response came that the
apartments had been sold a long time ago. "The government is swindling
not only us but also the European Court," Sedrak Baghdasaryan says.
The residents sent this document to the ECtHR, informing that the
Armenian government has not executed the ruling, they have not been
provided with apartments, and the mentioned apartments have other
owners.
The abovementioned families have learned that ECtHR will resume the
examination of their cases. It means that most probably the ruling
will be against the Republic of Armenia. And the Republic of Armenia
cannot refuse to execute a ruling.
Note that since 2007 the ECtHR has passed 14 rulings on applications
of evicted residents of demolished areas of Yerevan against the
Republic of Armenia. According to Sedrak Baghdasaryan, the total
amount of compensations paid to victims is 500,000 euro.
- See more at: http://www.lragir.am/index/eng/0/right/view/32693#sthash.VTGgOJuq.dpuf