On May 20, 2011 RA Court of Appeal chaired by the judge L. Grigoryan affirmed the decision of the Court of First Instance and dismissed Mariam Sukhudyan's suit against the RA Police for violating her presumption of innocence. On June 30, 2011 the Court of Cassation accepted the complaint against the decision of the Court of Appeal.

General description of the case

In May-April, 2008 social activist Mariam Sukhudyan worked as a volunteer within the framework of the Volunteers' Programs of UN office in Armenia in the Nubarashen boarding school number 11 and has found out that teacher of Armenian language and literature of the school Levon Avagyan committed a sexual harassment towards pupils of that school.

On November 13, 2008 RA Public television broadcasted a TV program where one of the pupils of the Nubarashen boarding school number 11 talked about the sexual harassment carried out by the teacher. The program used video materials allocated by Mariam Sukhudyan.

On February 11, 2009, based on the TV program, RA Police Investigation Department of Erebuni administrative district instituted a criminal case. However, it was not a case on charges for sexual harassment. The charges were brought based on the Article 135 (Libel) of the RA Criminal Code.

In May 2009 Mariam Sukhudyan and other activists of "SOS Teghut" movement were summoned as witnesses to the RA Police Investigation Department of Erebuni Administrative district.

In August, 2009 Mariam Sukhudyan was charged for libel based on the Article 135.1 of the RA Criminal Code. However, on August 15 RA Police Investigation Department of Erebuni Administrative district replaced the charges based on the Article 135 with the charges based on the Article 333. 2(3) - false crime reporting (i.e. for mercenary purposes). This charge is graver and is punished with imprisonment for the term of up to 5 years.

Due to the strong public pressure in connection of the case, on October 21, 2009 the Police again changed the charges brought against Mariam Sukhudyan to a lighter charges, i.e libel (Article 135.2 of the RA Criminal Code) which is punished with fine or correctional labor for up to 1 year.

On March 11, 2010 The US Embassy in Armenia awarded Mariam Sukhudyan with medal of ''Brave Woman'' . The same day the criminal case against her was quashed for being groundless. A criminal case was instituted against the teacher of the Nubarashen boarding school Levon Avagyan for sexual actions with minors.

On May 24, 2010 Levon Avagyan was found guilty and sentenced for 2 years of imprisonment.

On August 4, 2010 RA Court of Appeal toughened the punishment with 3 years of imprisonment.

On June 24, 2010 Mariam Sukhudyan submitted a report on crime to the RA Prosecutor's General Office regarding the illegal actions in her respect by the officers of the RA Police Investigation Department of Ererbuni Administrative district, i.e. in connection of the fact of bringing obviously innocent individual to the criminal responsibility.

On September 4, 2010 according its decision, the RA Special Investigation Service refused to institute criminal proceeding based on Mariam Sukhudyan's report.

On September 27, 2010 Mariam Sukhudyan lodged a complaint with the Kentron and Nork Marash Court of First Instance with the request to cancel the decision of the investigator and institute a criminal case.

On December 23, 2010 the Court decided to refuse the complaint.

On January 10, 2011 Mariam Sukhudyan appealed the decision in the RA Court of Appeal. The Court decided to refuse the complaint.

On March 12, 2011 a complaint was submitted to the RA Court of Cassation against the decision of the RA Court of Appeal. So far, the Court has not issued a decision.

In 2010 Mariam Sukhudyan also lodged a suit against the RA Police for violation of the presumption of innocence and demanded 1 million AMD for moral damage. Chief 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 an interview to the "Taregir" newspaper.

On February 7, 2011 Kentron and Nork Marash Court of First Instance dismissed Sukhudyan's suit due to the absence of norms in compensation for moral damages. The activist then complained to the Court of Appeal, appealing the decision of the Court of First Instance.

On May 20, 2011 RA Court of Appeal chaired by the judge L. Grigoryan affirmed the decision of the Court of First Instance and dismissed Mariam Sukhudyan's suit against the RA Police for violating her presumption of innocence. "The Court of Appeal finds that the institute of reparation of moral damage could not be applied in this case since there is no definition and procedures in the legislation regulating civic and legal relations", was said in the decision of the RA Court of Appeal.

On June 30, 2011 the Court of Cassation accepted the complaint against the decision of the Court of Appeal.