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Sixth meeting of lawyers network |
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Written by admin
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Saturday, 21 November 2009 |
Armenian Institute for Development has undertaken the sixth meeting of lawyers network (second for 2009) within the framework of the “Strategic litigation in Caucasus” project. The meeting took place on 17 October 2009 in Yerevan at the premises of ABA/CEELI Armenian office. This meeting has become possible with the assistance of British Embassy Yerevan and ABA/CEELI Armenian office. From event partners there have participated Vigen Kocharyan and Arman Poghosyan from Armenian Institute for Development and Kregg Halstead, Kieth Peterson and Gayane Mkrtchyan form ABA/CEELI Armenian office. Overall number of sixteen lawyers participated in the event. Ara Ghazaryan and Arthur Grigoryan were invited as experts.
First presentation was done by Ara Ghazaryan, who presented "The case-law of the Cassation Court of RA on preliminary detention: ECtHR influence, progress and conflicting decisions" topic. Ara Ghazaryan has made his presentation on the comparative analysis of the couple of decisions of the Cassation Court of RA on this particular topic (you can download corresponding decisions here: 1) decision from 31.10.2008 and 2) decision from 10.04.2009). Ara Ghazaryan has also made a presentation on the topic of "The case-law of the Cassation Court of RA on implementation of ECtHR judgments: ECtHR influence, progress and conflicting decisions". Ara Ghazaryan has presented the latest application that was lodged with the Constitutional Court of RA, where applicants has alleged constitutionality of Article 204.28 (1) of the Civil Procedure Code of RA. The reason for lodging of this application was that the Cassation Court of RA has rejected applications for reopening of the case on new circumstances after corresponding judgment of the European Court of Human Rights from 17 June 2008 in the case of Meltex Ltd and Mesrop Movsesyan v. Armenia on pretty formalistic grounds, i.e. that in the conclusive part of the above judgment of the ECtHR there is not specifically mentioned the necessity of any other individual measures for restitution in integrum, except of paying non-pecuniary damage and cost and expenses incurred by the applicant (you can download the application here). Here was much of interest presentation by Artak Zeynalyan of the latest information on another case where the Constitutional Court of RA by its landmark decision from 13 October 2009 has found unconstitutional Articles 426.7 (4), 426.2 (2) and 426.4 (1) of the Criminal Procedure Code of RA. The importance of this decision is in that now not only the person whose right(s) was reported to be violated under ECHR may apply for reopening of the case on new circumstances but also those persons who аt the moment of producing of ECtHR judgment had a right of exercising thereto pursuant to the requirements of the Convention (you can download the decision of the Constitutional Court of RA from 13.10.2009 here). Second part of the meeting was devoted to the general topic of contempt of court. Arthur Grigoryan and Tigran Atanesyan have presented the latest developments in the criminal case brought against Arthur Grigoryan, Ara Zaqaryan and Diana Grigoryan from the point of the view of the European Convention on Human Rights. This topic has persistently remained in the focus of interest of legal society for that particular time. It was mentioned also that much depended on the pending decision of the Constitutional Court of RA as regards of the application lodged by the ombudsman of RA where the latter alleged constitutionality of Article 343 (1) of the Criminal Code of RA.
Thereafter, Moushegh Shushanyan has presented the criminal case brought against him on the same contempt of court close which and concluded the meeting. |
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Last Updated ( Wednesday, 25 November 2009 )
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