Court of Appeals Upholds Onik Gasparyan's Complaint

The Court of Appeals of Armenia, chaired by Judge Karen Avetisyan, has issued a decision to uphold the complaint of former Chief of the General Staff of the Armed Forces, Onik Gasparyan. This was reported by Gasparyan’s representative, attorney Aram Orbelian.

Orbelian stated that Administrative Court Judge Liana Hakobyan had previously returned their claim, noting that there was no valid act and that it had been established by legal force that Onik Gasparyan had been dismissed from his position. The court had returned the claim, suggesting that they approach the court with a different type of claim.

“We appealed the decision to return the claim to the Court of Appeals, and the court has noted that there is an act,” Orbelian emphasized.

It is noteworthy that Onik Gasparyan, the Chief of the General Staff of the Armenian Armed Forces, has filed three claims in the Administrative Court against President Armen Sarkissian and Prime Minister Nikol Pashinyan, disputing the legality of his dismissal from the position of Chief of the General Staff.

In the first case, the court noted that even if the Constitution allows for the dismissal of a Chief of the General Staff, it was established that the dismissal was illegal, as it was the result of arbitrary actions and no justified administrative act had been issued.

The second claim concerns the nullification of the act, considering that the Constitution does not grant the president authority to dismiss the Chief of the General Staff, and he must serve for the term specified by law, therefore the act is deemed issued by an unlawful body, has no legal force, and is not subject to enforcement.

The third claim pertains to legal relations, specifically, the claimant requested the court to recognize the absence of a legal relationship regarding Onik Gasparyan's dismissal.

It should be mentioned that the third claim from Onik Gasparyan has been accepted for proceedings by Judge Mher Petrosyan. The judge granted the request for security measures related to that claim.