The Administrative Court of Appeal of Armenia today rendered a decision to grant the appeal filed by former chief of the General Staff of eth Armed Forces of Armenia Onik Gasparyan. This is what Gasparyan’s attorney Aram Orbelyan told Armenian News-NEWS.am.
Orbelyan said the judge had returned the claim to him and his client, stating that the fact that Gasparyan is dismissed from office is confirmed and suggesting that he and his client submit another type of claim to the court.
Former chief of the General Staff of the Armed Forces Onik Gasparyan has filed three claims with the Administrative Court against President Armen Sarkissian and Prime Minister Nikol Pashinyan, challenging the lawfulness of the decision on relieving him of the post of Chief of the General Staff of the Armed Forces.
Based on the first claim, the court stated that even if the Constitutional Court allows dismissal of the chief of the General Staff, the dismissal was unlawful because it was the result of arbitrariness.
Based on the second claim, the court declared the act as null and void, taking into consideration the fact that the Constitution doesn’t grant the President the power to dismiss the chief of the General Staff from office and that the chief must serve within the time limit prescribed by law. The third claim concerns legal relations (in particular, the plaintiff asked the court to declare that there is absence of legal relation with respect to the dismissal of Onik Gasparyan within the scope of the claim) and has been accepted for proceedings by Judge Mher Petrosyan.