Among
the priorities of the Human Rights Defender’s activities for this year are the
introduction and development of new and effective mechanisms for the protection
and promotion of rights in the business sector.
As a
result of complaints and applications submitted to the Human Rights Defender in
this field, as well as the studies conducted, various problems have been
identified, and appropriate steps are being taken to resolve them, emphasizing
the importance of constructive dialogue with both representatives of the
business community and state bodies.
A
significant number of complaints received in this sector concern cases where,
within the framework of criminal proceedings, the searched premises are sealed
by investigative bodies immediately after a search and kept sealed for a long
time, or where premises are sealed in advance in order to conduct a search, as
well as cases involving the seizure and prolonged non-return of items
(computers, electronic media, equipment, etc.) relevant to the criminal
proceedings, which are essential for the uninterrupted conduct of
entrepreneurial activities.
As a
result of the above, in a number of cases, individuals are deprived of the
opportunity to continue entrepreneurial activities (including in specific
locations) for a prolonged period of time.
I
should be noted that in a number of cases, issues raised through individual
complaints are resolved as a result of communication between the Human Rights
Defender’s Office and the competent authorities. The Defender emphasizes the
importance of the cooperation established with state bodies in this regard.
However,
the Human Rights Defender emphasizes the need to find systemic solutions to
this issue and considers problematic the continued practice whereby, after
conducting a search and seizing items relevant to the criminal proceedings, or
after sealing the searched premises, a person’s constitutional rights to
property, economic activity, including entrepreneurial activity, are restricted
for a prolonged period without properly substantiating the necessity of such
restrictions and the existence of a compelling legal interest.
The
Defender emphasizes the importance of conducting objective and comprehensive
investigations in criminal proceedings, while at the same time considering it
crucial that each case of restriction of businessmen’s rights meets the
standards of legality and that cases of disproportionate interference with the
above-mentioned constitutional rights are excluded during the investigation
process.
A
number of other issues related to the protection of rights in the business
sector are presented in the annual reports and statements summarizing the
activities of the Human Rights Defender (see, for example: https://www.ombuds.am/images/files/4d1335361f1f7e9fbcc1cfc10679701e.pdf).
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