Nothing Changed After the Revolution: A Citizen Deprived of His Home Continues to Live on the Streets

Systematic corruption has made citizenarmen Khaloyan homeless, leading to his imprisonment, while the issue remains unresolved. Khaloyan called into one of Radio Aurora's live broadcasts, expressing his dissatisfaction with the country, its laws, and its leaders. Due to the quarantine related to the coronavirus, we couldn’t meet him in person; however, we spoke with him over the phone to understand his issue. This material is presented based on his words.

Let’s start from the beginning. Since Soviet times, Armen Khaloyan has lived with his mother at 7, Chekhov Street, Yerevan. In 1994, the apartment was privatized, and joint ownership was established. In this case, both mother and son were co-owners. Khaloyan married a foreigner and lived in Latvia for several years, temporarily leaving the country. In 2003, he returned to Armenia to obtain an apostille and learned that the mentioned joint apartment was sold in his mother's name. His mother was forcibly removed from the apartment, and he still does not know where she is. He applied to the police, and according to him, ‘the guys from the criminal investigation’ handed him his mother’s death certificate and said she was buried at the Red Hill cemetery. Upon going there, the local administration said they had no record of such a grave. Khaloyan claims that the certificate is forged and even suspects that his mother was murdered.

On October 21, 1998, a sale and purchase agreement for the apartment was signed between citizens Liza Sargsyan (Khaloyan’s mother) and Donara Davtyan. According to the agreement, Liza Sargsyan sold the apartment for 1,500,000 dram to Donara Davtyan. Khaloyan has documents indicating that in 2003, notary Emma Shaboyan conducted an illegal transaction, resulting in Armen becoming homeless. Later, the court recognized Shaboyan as guilty, and criminal proceedings were initiated against her, but due to the statute of limitations, the case was dropped.

He was told that his mother was bedridden, unable to even use the bathroom for her natural needs. But how is it that a bedridden woman managed to walk from the Ajapnyak administrative district to Baghramyan Avenue to notarize the sale of the apartment? Armen Khaloyan insists that his mother’s signature was forged. His mother received a pension, and the mailman delivered it, and he remembers his mother’s real signature.

On April 6, 2004, the court in Yerevan’s Shengavit district held a closed hearing for Khaloyan’s lawsuit against the first Notary Office of the Ministry of Justice and Donara Davtyan to invalidate the sale agreement and the property rights certificate issued based on it. The court ruled in favor of the lawsuit, as Armen Khaloyan's ownership rights had been violated; the property belonging to the claimant was taken from him against his will. Therefore, the court found that the previous state before the rights violation must be restored, and the sale contract dated January 21, 1998, along with the property rights certificate issued in Davtyan's name, was rendered null and void.

However, months later, on October 6 of the same year, the Civil Court of Appeals of Armenia examined the civil case based on an appeal from the defendant and denied Armen Khaloyan’s claim. He was asked for a bribe in the Appeals and Cassation Courts, which he reported to the police’s 6th division, but there has been no response. He also approached the Arabkir and Erbuni police regarding the notary and cadastre, but there has been no progress in either case, ‘because most of them are relatives within the law enforcement system.’

The criminal case originated when ‘the guys from Arabkir’ fabricated a case against me in 2012, which came from above, and to this day, no one has been held accountable. I was sentenced to five years in prison,' he says. He was released one year early due to a pardon in 2013. It should be noted that on October 25, 2012, Khaloyan went to the police to meet with the police chief, where he was received by the chief’s consultant. According to Khaloyan, the official told him that he had a friend who would help him retrieve the apartment, but Khaloyan needed to be ready to pay. He mentioned that there was an ‘account of bribery.’ Khaloyan stated that he was homeless and had no money, but would try to find it if necessary. During the meeting, that person demanded $500 and promised that he would persuade the current owner of the apartment to give it up. Khaloyan suggested that this person should take the money on his behalf but agreed to the condition that he would find and return the money. The agreement didn’t work out, and Khaloyan went to the NSS and reported the bribery.

A criminal case was initiated against that individual. The official was sentenced to two years in prison for demanding money from Khaloyan, yet was charged with fraud, not bribery or mediation in bribery. Additionally, no arrest was imposed on the official as a measure of restraint. According to Khaloyan's information, he did not serve his sentence in custody.

Khaloyan tried to resolve the issue legally but was beaten in the police station. A police officer, according to Khaloyan, threw a sharp metal pen at him, injuring his upper lip. After that, a fight ensued, in which other police officers intervened. He was sentenced to five years in prison for violence against a representative of power. After his release, Khaloyan continues to fight to get back the property that was stolen from him by fraud. The prosecutor’s office told him that it has not been proven that he was a co-owner. This is strange since all of this has been documented in the decision made by the first-instance court. The appellate court recognized the other party as a bona fide buyer. However, according to Armen Khaloyan, he was recognized as the second co-owner because they considered the other party as a bona fide buyer who was unaware of the second owner.

Khaloyan has stacks of documents in several volumes. He has filed inquiries with various legal systems in Armenia and received responses. Khaloyan reports that everyone is covering up the case, and his inquiries are not being processed. The judge told him that he has not made a decision; all the documents are available with Khaloyan. The police of Armenia, the prosecutor's office, and the anti-corruption committee no longer respond to his inquiries, saying that they have previously responded.

After the Velvet Revolution of 2018, Khaloyan hoped that something would change. He sent applications to the government and even met with representatives of the current authorities. Armen Khaloyan approached Prime Minister Nikol Pashinyan several times personally to resolve his apartment issue. During our direct conversation, Armen asked us what should he do if he has all the evidence, yet no progress is being made on this case? He said he was the one who stated that systematic corruption should be eradicated. Unfortunately, we couldn’t respond to this question.

Currently, we have spoken to various lawyers who are familiar with the case. They say that the law enforcement agents have unlawfully deprived Armen Khaloyan of his property rights through their negligent actions. There are powerful figures in the notaries and cadastre who can stop the case. At present, Armen Khaloyan lives outdoors, wherever he can, but as he mentioned, mainly in the vicinity of the fountains in Republic Square metro station. He won’t go to a homeless shelter because he prefers to live outdoors rather than there in inhumane conditions. He is homeless but does not receive social assistance. He doesn’t have an ID as he has no registered address.

It is a fact that our country’s legal system is such that if you have real estate that has been unlawfully taken from you, one has no chance to defend himself. Khaloyan’s 20-year struggle proves this. And the light at the end of the tunnel has yet to be seen.

The 1st clause of Article 3 of the Constitution of the Republic of Armenia states, ‘A person is the highest value in the Republic of Armenia. The inalienable dignity of a person is the unbreakable foundation of his rights and freedoms.’

Photos from Hetq.am, Helsinki Association, HRTV, Civilnet.am