The court obliged Pashinyan to apology to Khachatryans for the statement defaming their honour and dignity as well as refute the defamatory information

26/01/2021 16:36

The court obliged Pashinyan to apology to Khachatryans for the statement defaming their honour and dignity as well as refute the defamatory information


Yesterday, on 25 January of this year, Yerevan Court of General Jurisdiction promulgated the judgement under the civil case Khachatryans vs RA Prime Minister’s Staff, RA Prime Minister Nikol Pashinyan and Mane Gevorgyan (Prime Minister’s spokesperson) that was initiated upon Gagik, Gurgen and Artyom Khachatryans’ cliam after Press Secretary of the RA Prime Minister Mane Gevorgyan’s post made on her “facebook. com” social site page on 28 April 2020 that was insulting and defaming them. Khachatryans claimed to apology for the insulting statement addressed to them as well as refute defamatory information.  The Court found it substantiated and approved that the RA Prime Minister made insulting and defaming statements through his spokesperson addressed to RA claimants and awarded that part of the claim.  

Particularly, the Court rendered to oblige respondent, RA Prime Minister Nikol Pashinyan (father’s name: Vova) to refute the public post made by the RA Prime Minister’s spokesperson Mane Gevorgyan (father’s name: Gagik) on her official “Facebook” social site page on 28 April 2020 as follows (quote):

“Make the following post on Mane Gevorgyan’s (father’s name: Gagik) Facebook page within five days after the judgement enters into force: “RA Prime Minister Nikol Pashinyan apologises to Gagik, Gurgen and Artyom Khachatryans for the statement defaming their honour and dignity stated in the post made on Mane Gevorgyan’s “facebook. com” social site page on 28 April 2020”, for the allegation that “Gagik Khachatryan and his sons managed corrupt and mafia-like system as well as accumulated illegal wealth stated in the post. Gagik Khachatryan and his sons acknowledged the fact that they or any other members of the family have robbed and caused damage to the state, or that they were willing to return anything to the state as a stolen property” do not coincide with reality.

In case of impossibility to post the texts of apology and refute on “facebook. com” social site account of the RA Prime Minister’s spokesperson Mane Gorgyan, to oblige RA Prime Minister Nikol Pashinyan (father’s name: Vova) to apology, within five working days after the judgement enters into legal force, through any printed newspaper that has at least 5.000 (five thousand) print runs and is consumed in the whole territory of the Republic of Armenia, publishing the same text of apology that was required to be posted on Mane Gevorgyan’s “facebook.com” social site page.

The Claimants did not submit a claim for compensation of material damage, but a claim was submitted for compensation of judicial cost which was partially awarded and AMD 8.000 (eight thousand) as the amount of the state duty paid in advance as well as AMD 500.000 (five hundred thousand) as the amount of reasonable remuneration of the advocate was confiscated from the RA Prime Minister Nikol Pashinyan (father’s name: Vova) in favour of Gagik Khachatryan (father’s name: Gurgen), Gurgen Khachatryan (father’s name: Gagik) and Artyom Khachatryan (father’s name: Gagik). The judgement shall enter into legal force one month after the promulgation and may be appealed within the same period to the RA Court of Appeal.

Let us remind you that since 2018 Khachatryans have been prosecuted which was condemned by numerous local and international organizations for the protection of human rights and the promotion of free economic activity establishing illegalities in the form of public and administrative pressure, obstruction of economic activity, accompanied by illegal detentions and other interventions. The European Court of Human Rights (ECHR) applied an interim measure and continues the examination under Khachatryans’ case, including those on the application of torture and inhuman treatment, discrimination and political persecution.
 


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