THE CONSTITUTIONAL COURT WILL MAKE A DECISION IN A FEW HOURS

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[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.