On August 21,
the hotline of Office the Human Rights Defender of Armenia received
alarming-calls that the territory of the Fizgaradok park at 6/1 Alikhanyan
Brothers, Ajapnyak community of Yerevan was illegally privatized ne and at
present, an apartment building is to be built in that area, despite it being as
a gross violation of rights.
According to
the alarming-calls, citizens are protesting against the construction on site.
However, the police servicemen are using violence against the citizens, apprehending
and taking them to the Police station without any grounds.
According to
the alarming-calls and publications, due to the actions of the Police
servicemen, 2 citizens were taken to Armenia Republican Medical Center, one of
whom is a 16-year-old child, who, according to the alarming-calls, was hit in
the abdomen by a police serviceman.
Based on the
alarming-calls, 4 working groups were formed to operate during the day by the
decision of the Human Rights Defender. 1 group visited the Mashtots Police Division,
1 group - the place of the protest action, 1 group - the hospital, and the
other group monitored the social networks and media.
Representatives
of the Defender who visited Fizgaradok met with the neighboring residents and
their lawyer.
1. As for the construction, the lawyer
notified that the area of the park is under the restrictions of Article 60 of
the Land Code of the Republic of Armenia. According to the lawyer, it was illegally privatized and in 2005
the Cadaster Committee illegally registered the property right. He sold the
area to another person, who in 2008 planned to build an apartment building in
the area. The Yerevan Municipality gave permission, however, the construction
of the building was not carried out and the permit expired.
Then, the
mentioned person sold the area to another person, who, having applied to the
Yerevan Municipality, received a construction permit on July 29, 2021, and
initiated the construction of an apartment building.
The lawyer also
noted that the general area of the park had previously been given the status of
historical and cultural value by the Ministry of
Education, Science, Culture and Sport of Armenia; however, only recently
the following disputed part of the park was removed from the list of places of
historical and cultural value.
According to the lawyer, the main water pipe passes under the
disputed area, and a thick gas pipe passes right next to it. The total area of
the disputed zone makes up 1976 square meters, however, before the construction
permit, it was also not subject to environmental impact assessment, which is
mandatory in this case.
The lawyer noted that he applied to the court. He will file a
written complaint to the Human Rights Defender.
2. Concerning the actions of the Police servicemen, the
residents reported that the Police used violence against them, reacted rudely
and visibly disproportionately to their civil action, and apprehended the
participants without any grounds, or providing any reasons.
During the visit to the Police Division, the representatives
of the Defender held private interviews with the persons apprehended, including
one lawyer, and examined the grounds for their apprehension, as well as their
social media posts. An ambulance was called for two of the detainees, including
the lawyer.
In addition to the stated information, during the private interviews,
all the persons apprehended stated that brief reasons for their apprehension
were mentioned only in the department.
A) One of the apprehended citizens, in particular, stated
that he had been apprehended by more than 4 Police servicemen. In the process,
his cell phone was broken, he received bodily injuries (on his abdomen and leg),
his clothes were torn and he was apprehended while his trousers were completely
off, in a manner that humiliated his dignity and he was not allowed to wear them
back. During the apprehension process, he asked the Police servicemen to allow
him to get to the Police car voluntarily, but he was rejected, and he was taken
to the car by force.
B) A woman who was
also apprehended also stated that she had asked the Police to allow her to go
to the Police car voluntarily; but, instead, the Police had taken her to the
car by force. As a result, she received bruises on her hands.
C) Another
apprehended citizen stated that when he asked the Police not to take people to
the police station without their trousers, two servicemen, twisted his hands and
put him in the police car.
While in the Police
station, he was taken from room to room with his arms twisted and his head
down.
D) Another apprehended
citizen stated that while he was filming the process of apprehension of the
citizens, around 4 Police servicemen approached him from behind and apprehended
him. According to V. Harutyunyan, when he asked the reason behind his
apprehension, he was given no explanation by the Police servicemen. He noted
that his trousers got torn during the process.
He noted that
he did not feel well in the Police car. He informed the Police servicemen about
that. His condition worsened (referring to his heart) at the Police Division:
the servicemen initially offered him to drink water. Later, an ambulance was
called, first aid and medicine were provided, and he felt better.
E) Another apprehended
citizen reported that when he noticed that the Police servicemen had laid a
young man on the ground; he approached and asked what was the purpose for using
force against the man, after which one of the Police servicemen ordered to take
him (the apprehended citizen) to the department. He asked why he was being
deprived of his liberty but to no avail. Instead, 4 Police servicemen, using
disproportionate physical force, took him to the police car.
According to
the private interviews, he asked the Police Division to ensure his right to
make a phone call, but the Police did not allow it; they demanded him to turn
off his cell phone. After the intervention of the Defender's representatives,
the issue was resolved and the citizen was able
F) During a
private interview, another person apprehended stated that the Police servicemen
had apprehended him by using disproportionate physical force, as a result of
which he had received an injury in his right eye and his clothes had been torn.
During the
visit, it was also revealed that materials are being prepared to initiate
criminal proceedings against the citizen for hitting a Police car.
The Defender's
representatives also paid a visit to Armenia Medical Center, held a private interview
with the lawyer, and the 16-year-old child transferred from the Mashtots Police
Division.
The minor
informed that he fell during the scuffle, then the Police pushed a woman who
fell on him.
Investigations
by the Office Human Rights Defender, their visits to the Police Division and
the hospital, and the examination of social media posts serve as evidence that
the actions of the Police violate the rights of those who have been apprehended,
and that their actions should be proportionate.
Physical force
may only be used if there are grounds provided by law, strictly in accordance
with the specific situation. The same goes for using special devices, such as handcuffs.
It should be used only when absolutely necessary, for example, when a person is
dangerous or is likely to escape, and not as a special device to cause harm or execute
additional "punishment".
It is
intolerable to apprehend persons in a way that violates human dignity.
It should be noted
that apprehending a person for an administrative offense means depriving him of
liberty; which means that at that moment the grounds for deprivation of liberty
must be explained to the person, the reasons must be presented, as well as the
rights must be clarified. It is also necessary to ensure the realization of the
minimum human rights during the deprivation of liberty. Children need special
treatment to prevent violation of their interests.
The Office of
the Human Rights Defender will summarize all the above-mentioned circumstances
with the obtained evidence (e.g., photographs), and other details, and relevant
letters will be addressed to the state bodies as per their competence.
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