Demand of Reparation for Violating the Presumption of Innocence

On January 24 the Court of General Jurisdiction of Kentron and Nork Marash Administrative District continued the hearing of the suit lodged by Mariam Sukhudyan against the Head of RA Police and Head of the RA Police Information and Public Relation Department.

After discovering and reporting the fact of sexual harassment towards children of Nubarashen Boarding School number 11 by their teacher, charges were brought against environmentalist Mariam Sukhudyan for libel and false crime reporting. Later the accusations were dismissed. When the case was yet at the stage of preliminary inquiry, the Head of RA Police Alik Sargsyan said at the press conference on August 21, 2008 that Mariam Sukhudyan presented groundless accusations, slandered innocent people and urged the minors to commit offences. The Head of RA Police Information and Public Relation Department Sayat Shirinyan named Mariam Sukhudyan "offender" during the interview to "Taregir" newspaper

At the Court defense lawyer of the plaintiff party Liparit Simonyan again insisted that the presumption of innocence of his client Mariam Sukhudyan was violated. He also stated that the Head of the Police and Head of the Information and Public Relation Department spoke in the manner as if it is a valid judicial act issued where his client's guilt is proved.  For reparation of the moral damage the suit demands 1 million AMD. 

Two representatives of the defendant party turned down the suit fully and named it pointless and groundless because the Armenian legislation does not prescribe reparation for moral damage and there are no precedents in practice. It is worthy to mention that Mariam Sukhudyan referred in the suit to the European Convention on Human Rights ratified by Armenia.   

Deputy Head of RA Police Legal Protection Department Gayane Gasparyan again insisted that Head of RA Police Alik Sargsyan while speaking at the press conference stressed out that «the criminal case is in process at the moment». As for Sayat Shirinyan, his expressed opinion was private and out of record. «The presumption of innocence should not hinder the right of public officials to dissemination of information», said the Police representative.

Representative of the Ministry of Finance, Head of the Department of Judicial cases against the State Yeghishe Basoyan thinks that demand of 1 million AMD reparation is illogical. «What are the criteria and procedure of this demand, how the damage is evaluated and calculated? Nothing is clear in the suit», - he said.

Judge Karine Petorsyan heard the pleadings and explanations of both parties. The court will declare its decision on February 7, at 11 am.

Mary Alexanyan

Source  www.hra.am