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On the contrary, by Ara Ghazaryan’s evaluation the position of the ECHR with regard to another question concerning moral compensation in exchange for pre-judicial illegal arrest was a very important contribution for the development of the Armenian national law. A. Ghazaryan highlighted that the RA legislation provides for moral compensation in case of assault and slander, whereas in case of illegal arrest it does not, which is unexplainable.

 

The lawyer reminded that several months ago the ECHR made a decision on the case Armen Poghosyan against the RA, stating that a financial compensation should be provided in case of the enforcement of illegal arrest after being convicted.

 

‘In fact, if the person was under illegal arrest even for one hour than not only a material but also and more importantly a moral compensation should be provided’ he said adding that now the RA must incorporate that change in the Civil Code. ‘If not, than the lawyer will do it by means of courts, which means that we will have serious preventive mechanism against the officials, so that they would not be able to arbitrarily preserve the person imprisoned’ said A. Ghazaryan, noting that providing moral compensation from the State Treasury would have a bigger preventive influence, than, for instance, official investigation against the policeman or, to some extent, the initiation of a criminal case.