YPC Weekly Newsletter

2004


WHAT DOES THE PLAINTIFF WANT?

On September 20 the RA Court of Appeals dismissed the suit of the resident of Khachpar village of Ararat region Marineh Gabrielian versus the Chief Editor of “Ararat” regional newspaper Karineh Ashughian because of the absence of the plaintiff’s representative from the hearings. Marineh Gabrielian had challenged with the Court of Appeals the ruling of the primary jurisdiction court of Ararat region, Masis city, of December 23, 2003, according to which the suit on compensating the material damage was left unconsidered for the same reason – the absence of the plaintiff’s representative at the court session (see YPC Weekly Newsletter, December 19-25, 2003). Marineh Gabrielian had demanded to compensate her expenses of 125,000 drams (about $ 220), incurred, as she alleged, during the previous litigations between the parties in 2001-2002 (see details in YPC Weekly Newsletter, November 7-13, 2003).

While commenting on this lengthy litigation, Yerevan Press Club noted that having taken the plaintiff’s side and obliging the Chief Editor (in July 2002) to publish a refutation for the communication confirmed by 115 people, the court actually created a dangerous precedent. The plaintiff, inspired by her success, went further and is now demanding to be compensated the material damage, at the same time, strange as it may seem, not going into the trouble of either being present herself or sending a representative to the court session.