Citizen Unjustly Subjected to 100,000 Dram Administrative Penalty, Says NGO

On May 27, 2020, M.B. was subjected to an administrative penalty of 100,000 Armenian drams for violating the state of emergency regulations during economic activities. Notably, the administrative act was based on Article 182.3, Part 2, Clause 2 of the Armenian Administrative Offenses Code, which pertains only to individuals engaged in economic activities. During that period, M.B. had leased his property to others for business purposes, meaning he was not personally conducting any entrepreneurial activities but was working as a firefighter-rescuer, being a public employee. This already contradicted the facts presented in the issued administrative act.

Thus, the act was entirely baseless and did not align with the Constitution of Armenia, contradicting the essence of the legislation on the restriction of human rights in the country.

On October 30, 2020, M.B.'s representative, lawyer Samson Galstyan from the Vanadzor Office of the Human Rights Defender, filed a lawsuit with the Armenian Administrative Court, requesting the annulment of the administrative act issued by the Tavush division of the Armenian police.

During the court hearing, upon examining the administrative act, the Chief of Police acknowledged that it had been issued in violation of the law and confirmed that the division's officers had violated Article 281 of the Armenian Code. The decision should have included the specific violation committed, the date of the hearing, information about the offender, a description of the established facts during the hearing, and so on. Since the administrative act against M.B. did not meet these conditions, it was declared void, and a request to terminate the administrative case was submitted to the Court, which granted it.

Thus, it is essential to note that violations of citizens' rights in Armenia and holding them liable based on unlawful and extralegal administrative acts are intolerable, especially when such acts must contain all necessary information to be considered legal and justified.