Request to Lift Protective Measures in Gasparyan Case Denied

The Administrative Court of Armenia, presided over by Judge Mher Petrosyan, has rejected the request made by Prime Minister Nikol Pashinyan's representative to lift the protective measures in the case against former Chief of the General Staff of the Armenian Armed Forces Onik Gasparyan.

It is important to note that Onik Gasparyan has filed a lawsuit against Nikol Pashinyan and Armen Sarkissian. During the court session held on April 2, Pashinyan's representative Tatevik Sarukhanyan submitted a motion to annul the decision regarding the protective measures applied against Gasparyan.

Sarukhanyan argued that the enforcement of the final judicial act expected in this case cannot become difficult or impossible, and therefore, there is no need for protective measures. Moreover, she claimed that the lawsuit was not subject to proceedings, and thus, the request for protective measures should not be accepted.

She also pointed out issues related to the balance between public and personal interests.

In response to the arguments presented, the plaintiff's representative Aram Orbelyan provided counterarguments, stressing that no justification had been supplied, and furthermore, the defendant was not even planning to comply with the final judicial act.

According to Orbelyan, the defendant's party made two indirect complaints against the decisions regarding the acceptance of the lawsuit and the application of protective measures.

After hearing the parties and reviewing the case materials, the court established that the first, fourth, and fifth parts of the defendant's request were, in essence, conclusions regarding the legality of the decision to apply protective measures. However, this decision has entered into force at the time of its issuance, is not subject to appeal, and the Administrative Court lacks the authority to verify the legality of its own judicial acts.

Regarding the defendant's claims about the inapplicability of recognizing the absence of a legal relationship, the court noted that legal assessments concerning the type of lawsuit could only be made by higher courts in the framework of appropriate appeals submitted in accordance with the law.

Taking the above into account, the court did not address the arguments concerning these parts, as they fell outside the scope of the motion's discussion and were not relevant to the circumstances affecting the potential enforcement of any judicial act.

The Administrative Court of Armenia, under Judge Mher Petrosyan, denied the defendant's motion, recording that the defendant did not provide any substantiated arguments that, due to changes in circumstances, the necessity for protective measures had ceased, and the arguments regarding the legality of judicial acts presented by the defendant's representative could not serve as grounds for lifting the protective measures.

As previously reported, Onik Gasparyan has submitted three lawsuits to the Administrative Court of Armenia, challenging the legality of the decision to dismiss him from the position of Chief of Staff. In one of the filed lawsuits, the Administrative Court has granted a motion for the application of protective measures, implying that Gasparyan should remain in office until the court's final decision in this matter.