May 2024 summary of the cases in the legal department of right side human rights defender ngo

In May 2024, Right Side Human Rights Defender NGO provided counseling to 34 beneficiaries. The legal consultations  were related to the following areas:

• Receiving a deferment from mandatory military service,
   
• Change of passport,
   
• The order and terms of formation of the Central Medical Commission by the RA Ministry of Defense,
   
• Confiscation of money
   
• Obtaining permanent residence status, refugee status in RA,
   
• Crimes against a person’s sexual integrity and sexual freedom,
   
• Domestic violence/intimate partner violence threats,
   
• Illegal retention of personal property in RA law enforcement agencies,
   
• Family relations/child custody,
   
• Administrative offenses, appeal of fines,
   
• The proceedings of the enforcement service,
   
• In a criminal case: issues related to the rights of the victim, the accused, the rights and duties of law enforcement agencies,
   
• Other legal issues.

In May 2024, the organization received 5 new applications. The lawyers of the organization were involved in two new criminal cases as the authorized representative of the victim.

The lawyers of Right Side Human Rights Defender NGO provided ongoing maintenance of the cases in the organization. In particular, the lawyers participated in 4 court hearings and 3 investigative actions.

Details on several cases:

Back in April 2024, a foreign citizen, a gay man, contacted the Right Side NGO and informed them that, a month before, he had applied to the Migration and Citizenship Service of the RA Ministry of Internal Affairs to obtain permanent residence status in RA, but he did not receive a response within the specified waiting period. The applicant also expressed that obtaining his residence status was urgent, because he had to submit it to the embassy to get a visa, so it was necessary to organize the obtaining of the residence status as soon as possible. The lawyer of the organization visited the migration and citizenship service of the RA Ministry of Internal Affairs, with the beneficiary, where they verbally received information that the period of administrative proceedings was extended for another 30 days.

On the same day, a letter was sent to the migration and citizenship service of the RA Ministry of Internal Affairs, for the administrative body to review the deadlines and process the case as quickly as possible. At the same time, a letter was sent to the National Security Service of the Republic of Armenia asking for  information regarding granting a residence status to a foreigner or extending the residence status to the Migration and Citizenship Service of the Ministry of Internal Affairs of the Republic of Armenia as soon as possible. As a result, the applicant was able to receive a residence status in RA as well as a visa from the embassy before the two-month period expired.

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In May 2024, a transgender woman appealed to the organization and reported that there was a court order regarding a confiscation of money, according to which the RA Insurers’ Bureau demanded of her an unpaid amount of insurance compensation. During the enforcement proceedings, the amount specified in the proceedings was transferred to the account of the Enforcement Service; however, as it was found out from the RA Auto Insurers’ Bureau, the amount transferred doubled the amount of the owed liability cost. The lawyer of the organization wrote a letter to the CPA service, asking to transfer the calculated excess amount back to the account specified by the beneficiary. As a result, a few days later, the transgender woman received back the amount she was overcharged.

***

In 2023, Right Side Human Rights Defender NGO became involved in the case of the transgender woman, D., who, in June, perpetrator S.K. attacked in her apartment and severely beat her, threatened her using a knife, and stole her mobile phone.

After the incident, the transgender woman reported the crime to the police. Criminal proceedings were initiated in the investigation department of the Kentron and Nork-Marash administrative districts of the Yerevan City Department of the RA Investigative Committee, and the transgender woman was recognized as a victim.

The lawyer of the Right Side Human Rights Defender NGO was involved in the proceedings and provided representation of the victim during the proceedings.

As a result of the investigative and evidentiary actions carried out during the preliminary investigation, which lasted for about a year, the complicity of S.K. in the committed act was fully substantiated.

On May 3, 2024, the investigator announced the end of the preliminary investigation and the proceedings. The indictment was sent to the Kentron seat of the Criminal Court of General Jurisdiction of Yerevan.

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In May 2024, a lesbian woman contacted the organization and reported she had been raped, and that she had reported the crime to the police. Together, with the lawyer of the organization, they presented her case to the body implementing the proceedings and presented an explanation in the presence of the lawyer. Petitions were also submitted to the body implementing the proceedings by the lawyer.