Point of View

“The RA government cheats the European Court”: Sedrak Baghdasaryan

06.04.2012

Sedrak Baghdasaryan, head of “The Victims of State Needs” NGO

“The Victims of State Needs” non-governmental organization has found out whom those apartments actually belong to, the state undertook to provide compensation to the residents of the sold area. 

 “We have the copies of ownership certificates of those apartments, which we took from the cadastre. This shows that the RA Government cheats the European Court”, the head of the organization Sedrak Baghdasaryan told www.hra.am.

Three owners of the sold houses at Byuzand 25 address -Sedrak Baghdasaryan, Grigori Hovhannisyan and Levon Ghasabyan applied to the European Court of Human Rights. They ask to review their complaints, discuss it and make a judgment, because the RA Government did not fulfill its responsibility and did not provide them with the promised apartments within three months.

The complaints of the three owners were taken out of the proceedings, because the RA Government suggested that it would give each of the applicants instead of their destroyed houses an apartment with 115-117 square meters dwelling space in the elite buildings that are built in the place of the destroyed houses.

Taking into consideration that the suggestion on November 15, 2011 the ECHR decided to give the RA Government 3 months to provide the promised compensation. Three months later Baghdasaryan, Grigoryan and Ghabasyan turned to the Ministry of Justice to find out when and how they will get the promised apartments. Having received an uncertain answer, they applied to the ECHR asking to review the complaint and make a judgment.

According to Sedrak Baghdasaryan, RA Deputy Minister of Justice Ruben Melikyan told them, that they will receive apartments only if they return the USD 22.000, which they received as compensation. Baghdasaryan mentions 2 reasons for not returning that sum: firstly, there is no such a point in the decision of the ECHR, secondly, that sum is given not by the RA government, but by the building company, therefore the state has no right to demand it.

He says: “We received that sum without an agreement and used it rent a flat” and adds that USD 22.000 is a trivial and inadequate compensation for a 117 square meter house.

We turned to the RA Ministry of Justice for a clarification of the reason for returning the compensation sum and we were told that Ruben Melikyan had already commented upon that.

Ruben Melikyan told one of the newspapers that although it is not stated literally in the ECHR decision, however while presenting the suggestions during the negotiations by saying “compensation of all expenditures” the government of Armenia meant that “no other compensation should be provided, and the provided compensation should be returned”.

 “The whole logic is that we provide an apartment with a space that is twice bigger, which would include all the expenditures that the person made during previous years, which will include the compensation of material and non-material damages. For instance, in the case of Baghdasaryan we are going to provide an apartment with 117,5 square meters instead of 55 square meters in the same area- Amiryan street, in the case of Gharibyan 115,6 square meters instead of 44,1, in the case of Ghasabyan 117,7 square meters instead of 57. The state made this suggestion as a solution of this situation”, Ruben Melikyan explained to the newspaper.

He also said that the Armenia always enforced the decisions and judgments of the European Court properly and the issue of compensation to the previous owners of Byuzand 25 houses should be discussed and confirmed in the next session of the RA Government.

During the RA Government session of April 5, a decision was made for the implementation of the European Court of Human Rights decision made based on  the complaints of RA citizens to pay as a compensation EUR 63 thousand 545,USD 120 thousand and AMD 29 million 520 thousand (these monetary compensation is not related to the housing compensation).

The head of the “The Victims of State Needs” NGO Sedrak Baghdasaryan says that still in the negotiation phase they have found out that the suggested apartments are already sold and they informed the European Court. 

However the ECHR accepted the suggestion of the RA government because the certificates of ownership of those apartments were presented to the court. At tomorrow’s press conference Sedrak Baghdasaryan and his attorney are going to prove that the apartments already have owners. 

Author Մերի Ալեքսանյան
Source www.hra.am