FARCE OR COURT? TEGHOUT LAWSUIT EXAMINATION

FARCE OR COURT? TEGHOUT LAWSUIT EXAMINATION

 EcoLur
 
The proceedings in the Administrative Court of RA on the lawsuit filed by “EcoDar” Environmental NGO against the Armenian Government finished in record short times. Appeals of a number of governmental body decisions are the substantiation of this lawsuit that refer to establishing АСР Company Project (a part of Vallex Group Company) for the development of Teghout Copper and Molybdenum Mine. The Administrative Court twice rejected the lawsuit and decided to examine it only after the decision of the Cassation Court of RA thus appointing the first hearing on 23 March.

The hearing was attended by the plaintiff representatives, “EcoDar” NGO, the representatives of the third party, Vallex Company, but the government representatives were missing. At 11 o’clock Judge Artsrun Mirzoyan opened and almost immediately closed the hearing not giving any of the parties an opportunity to say a word. The judge stated that basing on 110 Article of Administrative-Procedure Code of RA he is entitled to apply the procedure of accelerated trial and will read the decision at 15:15 on 24 March without any further trials. 

Barrister Hayk Alumyan, the plaintiff’s barrister, commented in the following manner: “The law stipulates accelerated trial procedures in those cases when the lawsuit is evidently substantiated or non-substantiated. In this case a wide range of facts is disputed in this lawsuit and it contains a huge number of documents that we submit as evidence. The court actually refused to examine this evidence. Under the law, the respondent - state body must submit a response to the lawsuit and all the documents germane to this case. In our case, the respondent not only didn’t send his representative to the proceedings, but also he didn’t submit any answer, i.e. he actually didn’t dispute the facts brought against him. Under law, the court can consider the respondent admits the proof we submitted.

We may come to a conclusion that the aim of this farce is to conceal certain circumstances that would immediately come to the top, if a public trial was to be held,” the barrister said.

This trial was accompanied with a public action resulting in public burial of the Administrative-Procedure Code of RA.

March 23, 2010