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Court Case On Issue Of "Zharangutiun" Party Office Delayed Till July

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  • Court Case On Issue Of "Zharangutiun" Party Office Delayed Till July

    COURT CASE ON ISSUE OF "ZHARANGUTIUN" PARTY OFFICE DELAYED TILL JULY 1

    Noyan Tapan
    May 23 2006

    YEREVAN, MAY 23, NOYAN TAPAN. Heritage (Zharangutiun) Party Chairman
    Raffi K. Hovannisian's legal claim against the administration of the
    Paronian Theater was heard on May 19 at the Court of First Instance of
    Yerevan's Central and Nork-Marash communities. The hearing was presided
    over by Judge Edward Avetisian. The events leading to Hovannisian's
    petition began on March 4, 2006, when party representatives witnessed
    the unlawful replacement, without prior notice, of the already-smashed
    lock of the outside door to the party's main office, whose space,
    located at 7 Vazgen Sargsian Street, Raffi Hovannisian has leased
    since 1994. The lock was replaced by the chief engineer and two
    members from the auxiliary staff of the theater. In the meantime, the
    entire process was supervised by two unknown men who were sitting in
    a nearby car. The very same day, the theater's administration assumed
    responsibility for this act and concealed its true architects. Since
    then, the party's seal and documents necessary for normal operations,
    as well as personal and family belongings of Hovannisian and his staff,
    are kept under the control of the theater's management. Hovannisian
    had sent a communique to Armenia's Attorney General Aghvan Hovsepian
    and Police Chief Haik Harutiunian in regard to the unlawful operation
    carried out against the office and formally requested that they give
    an imperative legal assessment of what had occurred and bring those
    responsible to justice. They, however, sent a reply stating that the
    dispute between Hovannisian and the administration of the theater
    is a civil disagreement and thus must be resolved by the courts. An
    official claim was filed on April 11 at the Center-Nork Marash Court
    against the Paronian Theater's management wherein it was demanded that
    the infringement upon the right of control and usage of property be
    lifted. In order to prohibit the taking of certain actions by the
    theater's management against the property under its control, the
    plaintiff simultaneously submitted a petition to restore the right
    of access to the belongings of Raffi Hovannisian and the Heritage
    Party. The court ruled in favor of this petition, and the order was
    forwarded to the Service for Mandatory Execution of Judicial Acts at
    the Ministry of Justice. However, in an unprecedented action that
    lacked clear explanation, this body returned the petition and the
    order back to the Court. On May 19, Judge Avetisian sent the same
    ruling to the aforementioned service a second time. On May 19, the
    first hearing of the case opened in the absence of the defendant,
    which had not presented a formal request for the continuance of the
    trial. It had instead previously informed the court of its position
    that the lease signed between the theater administration and the tenant
    was not officially notarized and consequently void, and so the petition
    is unsubstantiated and subject to dismissal. This "objection" by the
    defendant became grounds for Vahan Grigorian, Raffi Hovannisian's
    attorney to submit, by way of introducing relevant evidence, a request
    for making additional claims, in particular those which derive under
    the law by consequence of nullification of contracts. The Court,
    taking all submissions into account, adjourned and set a new hearing
    on June 1.
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