CASE OF PAPOYAN v. ARMENIA
Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings;Article 6-1 - Access to court);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions)
Aleš Pejchal;Armen Harutyunyan
4. The applicant was born in 1949 and lives in Yerevan. 5. On 1 August 2002 the Government adopted Decree no. 1151-N, approving the expropriation of tracts of real estate situated within the administrative boundaries of the Kentron district of Yerevan, to be taken for State needs, with a total area of 345,000 sq. m. 6. It appears that the applicant ran a small kiosk on a plot of land situated within the area to be expropriated. It also appears that the authorities demolished this kiosk for the development of that area within the framework of Decree no. 1151-N. 7. On 10 October 2002, as compensation for the applicant’s kiosk, the Mayor of Yerevan adopted decision no. 1785-A, granting her the right to lease a plot of public land of 5 sq. m. at a specified address in the Kentron district of Yerevan for seven years and to construct and run her kiosk on this land. By the same decision, the Mayor authorised the local authority of Kentron district to conclude the lease agreement with the applicant. 8. On 17 December 2002 the applicant received planning permission for the plot of land specified in decision no. 1785-A. 9. On 26 December 2006 and 24 August 2007, following the applicant’s enquiries concerning the implementation of decision no. 1785-A, the Kentron district authorities suggested that the applicant address her enquiries to the Mayor of Yerevan, while on 1 May and 6 September 2007 the latter suggested that the applicant address her enquiries to the Kentron district authorities. 10. On 26 February 2008 the applicant initiated proceedings in the Administrative Court against the Mayor and Kentron district, seeking to implement decision no. 1785-A. 11. On 30 July 2008 the Administrative Court granted the applicant’s claim and obliged the Mayor of Yerevan to conclude the agreement specified in decision no. 1785-A with the applicant. No appeals were lodged and this judgment became final on 30 August 2008. 12. On 9 September 2008 the Administrative Court issued a writ of execution for the judgment of 30 July 2008. 13. On 24 September 2008 the Department for the Enforcement of Judicial Acts (“the DEJA”) instituted enforcement proceedings against the city of Yerevan, obliging it to conclude the land-lease agreement with the applicant within ten days. 14. On 17 June 2009 the Mayor’s office offered the applicant a possibility to start negotiations. However, by her letter of 30 June 2009 the applicant refused to negotiate with the Mayor’s office. 15. On 2 March, 23 April, 3 and 31 July, 23 November, 23 December 2009, 17 and 18 March and 7 April 2010, upon the applicant’s enquiries concerning the enforcement of the judgment of 30 July 2008, bailiffs informed the applicant that the enforcement of the judgment of 30 July 2008 was in progress and that she would be informed of the results. 16. On 16 June 2010 the applicant initiated proceedings in the Administrative Court against the DEJA, requesting that the court oblige it to enforce the judgment of 30 July 2008. 17. On 22 June 2010 the Administrative Court declared the applicant’s claim inadmissible on the grounds that she lacked standing. The Administrative Court reasoned that the applicant had failed to show that her rights had been breached as a result of an administrative action by the DEJA. The Administrative Court noted that the DEJA had taken certain actions in order to enforce the judgment of 30 July 2008 and that the enforcement procedure was still pending. The decision of the Administrative Court of 22 June 2010 was upheld in the final instance by the Court of Cassation on 25 August 2010. 18. On 21 October and 4 November 2010, following an enquiry by the applicant, the bailiff responded that the enforcement was in progress and that the applicant would be informed of the results. 19. On 24 January 2011, pursuant to the applicant’s enquiries concerning the implementation of decision no. 1785-A, the Mayor of Yerevan informed her of the changes in legislation concerning land and reminded the applicant that she had to conclude the land-lease agreement with Kentron district. 20. On 3 May 2011 the Mayor’s office offered the applicant three different plots of land acceptable in terms of urban planning. However, by a letter sent to the Mayor’s office, she refused to accept any of the plots. 21. On 4 August 2011, relying on section 41(1)(8) of the Enforcement of Judicial Acts Act, the DEJA decided to discontinue the proceedings on the grounds that enforcement of the judgment of 30 July 2008 had become impossible. It reasoned that, by a letter of 17 June 2009 addressed to the applicant, the Mayor of Yerevan had suggested that the applicant approach the department of management of immovable property of the Yerevan Mayor’s office for the implementation of the judgment of 30 July 2008, but the applicant had failed to do so. 22. On 27 February 2012 the applicant instituted proceedings in the Administrative Court against the DEJA, seeking to declare the decision of 4 August 2011 null and void, as well as to oblige the DEJA to enforce the judgment of 30 July 2008. 23. On 15 February 2013 the Administrative Court rejected the applicant’s first claim, reasoning that there were not sufficient grounds for declaring the DEJA’s decision of 4 August 2011 null and void. It refused to examine the applicant’s second claim. 24. On 14 May 2012 the applicant initiated proceedings in the Administrative Court against the DEJA, seeking to oblige it to enforce the judgment of 30 July 2008. 25. On 12 June 2013 the Administrative Court terminated the proceedings on the grounds of lack of jurisdiction. This decision was upheld in the final instance by the Court of Cassation on 18 December 2013. 26. On 18 July 2013 the applicant initiated proceedings in the Administrative Court seeking, inter alia, that the DEJA reopen the proceedings discontinued on 4 August 2011. On 4 December 2013 the Administrative Court rejected the applicant’s claim, reasoning that, for the proceedings which had been discontinued on the grounds of impossibility, there were no legal grounds for reopening. 27. On 3 March 2014 the applicant initiated proceedings in the Administrative Court against the DEJA, seeking that the decision of the DEJA of 10 February 2014 refusing to initiate new proceedings be declared invalid, and that the DEJA be obliged to initiate new proceedings. 28. On 28 September 2016 the Administrative Court granted the applicant’s first claim, declaring the decision of the DEJA of 10 February 2014 invalid. As to the applicant’s second claim, the Administrative Court terminated the proceedings in that regard on the basis of the lack of jurisdiction. 29. The proceedings concerning the judgment of 28 September 2016 are pending before the Administrative Court of Appeal.