THE BYUZAND RESIDENTS WERE EXPELLED IN ANTI CONSTITUTIONAL WAY
[09:06 pm] 18 April, 2006
Today the CC met the Human Rights Protector Armen Haroutyunyan’s
application and even surpassed his expectations. The Articles and the
Government decision regulating the realization of the capital centre
lands were considered to be anti constitutional. The CC deemed that
the disputed legal deeds did not comply with 4 – 5 Articles of the
Constitution. Only one of them Article 31 on property right immunity,
was mentioned in the Ombudsman’s application. Let us remind you that
the respondents, the RA President and Government claimed through
their representatives that the disputed Articles and the decision
fully comply with the RA Constitution.
The CC decision was very extensive; the hearing lasted half an
hour. It comprised such interpretations according to which the
Government initiating the realization of the city centre was beneath
its liabilities but according to the Constitution this was to be done
only by law. Gagik Haroutyunyan stated that the exclusive importance
of land estrangement must be established by law, and there must be
a special mention about particular needs of the State and public
they will be directed to. Armenia hasn’t got such a law so far, and
the Government has not a right to deprive people of their property
without any law.
THE AUTHORITIES ARE GIVEN DEADLINE TILL OCTOBER 1
After the hearing the representatives of the Government and the
President went to congratulate the Ombudsman’s victory and the three
of them left the courtroom unnoticeably. The inhabitants suffering
the realization were not content with the CC decision.
They didn’t know whether they will benefit or not from it. The
Government and the NA are entitled to match the disputed legal deeds
with the RA Constitution from criminal, legal and international angles
till October 1.