On July 11 Gyumri court of general jurisdiction of Shirak region revoked the suit of Arman Avetisian, Chairman of the Board of Trustees of “Minas Avetisian” Charitable Foundation, versus Levon Barseghian, Board Chairman of “Asparez” Journalists Club of Gyumri. As it has been reported, the reason for the suit became the pieces “Struck the Family Capital”, “Arman Avetisian Is Lying for Unknown Reasons”, “Some Things Cannot Be Forgiven”, placed on “Asparez” website (www.asparez.am) on June 11-16, 2011. The articles dealt with the developments regarding the transfer from Gyumri to Yerevan of two frescoes by the famous Armenian painter Minas Avetisian (Arman Avetisian is one of his sons). The respective governmental decision was passed on April 28, 2011 and resulted in a wide protest, numerous actions in Gyumri. On June 23, 2011 Arman Avetisian sent a letter to the Head of “Asparez”, demanding to publish a refutation or a reply. The letter was stored on the “Asparez” website on June 30, 2011. Moreover, Levon Barseghian expressed his readiness to publish the refutation, whenever it was presented by Arman Avetisian. Meanwhile, on August 4 the Head of “Minas Avetisian” Foundation addressed the court, demanding to oblige Levon Barseghian to present apologies, publish a refutation and the court ruling, compensate the damage for libel and insult in the amount of 2 million AMD (about $ 5,500), as well as the court expenses of 200,000 AMD. Hearings on the case started on September 9, 2011 (see YPC Annual Report “On Freedom of Speech in Armenia” for 2011 at https://www.ypc.am/about_freedom/ln/eng).
According to the July 11, 2012 court ruling, the suit was revoked since Arman Avetisian had missed the one-month term defined by law for addressing the court. It should be noted that according to Part 13 of Article 1087.1 of RA Civil Code (“Order and Conditions of Compensation of Damage to the Honor, Dignity or Business Reputation”), a claim shall be submitted to the court within 6 months from the moment of insult or defamation (in the given case from the moment of publication of the pieces – Ed. Note), but no later than within one month from the moment the person becomes aware of the insult or defamation. The letter of Arman Avetisian to Levon Barseghian was dated of June 23, 2011, while the suit was submitted on August 4, 2011. This was also stressed in the June 8, 2012 expert conclusion of Information Disputes Council regarding this lawsuit (see details in YPC Weekly Newsletter, June 8-14, 2012).
