The Administrative Court of Appeal of Armenia, presided by Judges Karen Avetisyan, Kristine Mkoyan and Arman Tadevosyan, overturned the decision rendered by the Administrative Court and rendered a new judicial act that lays down compensation for non-material damage that the Police of Armenia caused to Argishti Kiviryan as a result of unlawful actions of the Police. This is what advocate Aramazd Kiviryan wrote on his Facebook page today.

“I attach importance to this case in the sense that the Administrative Court of Armenia had completely rejected the claim for compensation for non-material damage, but the Court was obliged to lay down compensation for non-material damage and examine the amount of the non-material damage that was exclusively subject to compensation.

In this case, the Administrative Court of Appeal stated that only the confirmed fact that the person was illegally deprived of liberty directly attests to the fact that mental suffering had been caused to the person to a certain extent. Consequently, in the case when there is a confirmed fact that the person was illegally deprived of liberty, the fact that mental suffering had been caused to the person is irrefutable, and this directly entails the existence of non-material damage. In such conditions, the extent to which the non-material damage caused to the person is subject to compensation is another story, and such an issue needs to be solved in accordance with the principles of reasonableness, equitableness and proportionality, taking into consideration the nature, degree and duration of the physical or mental suffering, the individual features of the person having incurred non-material damage, as well as other relevant circumstances,” the advocate also wrote.