CIVIL APPEAL COURT REJECTS COMPLAINT OF CHAP LLC – OWNER OF GALA TELEVISION COMPANY
Noyan Tapan
April 14, 2008
YEREVAN, APRIL 14, NOYAN TAPAN. The RA Civil Appeal Court (chairman
– Judge Tigran Sahakian) on April 14 rejected the complaint of Gala
television company’s representative Karen Tumanian against the decision
on the case "Gyumri mayor’s office against Chap LLC – the founder of
Gala television company".
The representative of Chap LLL had petitioned to overturn the decision
of the Shirak regional court and to send the case to the same court for
re-examination. According to the complaint, in making the decision,
the regional court committed violations of Substantive Law and
Procedural Law, as well as a number of articles of the Constitution,
the European Convention on Human Rights and the Civil Procedure Code.
To recap, the Shirak regional court (chairman – Judge A. Khachatrian)
had sustained the claim of the mayor’s office "on eliminating
the violations of ownership rights" and ruled to oblige Chap LLC
to dismantle its broadcasting antenna from the television tower
representing the property of the mayor’s office. By the same decision,
Chap LLC’ claim "to establish a servitude" on the mayor’s office
was rejected.
During a talk with NT correspondent, Levon Barseghian – coordinator of
the headquarters on protection of speech freedom and Gala TV company,
chairman of "Asparez" club of journalists said that in all likelihood
the decision of the appeal court will be disputed in the Cassation
Court and the European Court of Human Rights. The decision of the
Appeal Court takes effect from the moment of its publication and may
be disputed within 3 months.