THE DECISION OF THE EUROPEAN COURT REGARDING “A1+” TV COMPANY
- The European Court of Human Rights recently published its decision on the following case: “‘Meltex’ LLC and Movses Movsisyan vs. the Republic of Armenia”. As reported by the press, ‘A1+’ TV company has won the case. The TV company’s claim was satisfied, “The European Court has de facto stated in its claim that ‘A1+’ was deprived of airtime illegally” etc. As a matter of fact, the court satisfied the claim of ‘Meltex’ LLC., the owner of “A1+”. Moreover, the court decision contains no statement saying that “A1+” was deprived of airtime illegally; as to the victory of “Meltex” ltd. and the defeat of Armenia, it’s not absolutely appropriate and right to touch upon the topic in this particular case.
In a press conference convened yesterday, Deputy Minister of Justice GEVORG KOSTANYAN, authorized representative of the Armenian Government in the European Court, touched upon the issue.
According to Mr. Kostanyan, “If we have a formal approach to this decision of the European Court, I can declare officially that the Republic of Armenia is a winner rather than a loser with respect to the decisions (It’s not accidental that I mention the word ‘decisions’ in the plural). If we consider our disputes with ‘Meltex’ LLC. in the European Court, I can state that the Republic of Armenia has won 5/6 of the case while ‘Meltex’ LLC has won only 1/6 of it.”
As confirmed by G. Kostanyan, it’s not accidental that the lawyers of “Meltex” ltd. do not speak about the May 27 decision of the same court. The case of “Meltex” ltd. has been under the proceeding of the European Court since 2002. The claim submitted by the above-mentioned company on October 17, 2002, was rejected by the European Court on May 27, 2008.
“That’s to say,” the Deputy Minister of Justice continued, “the European Court has made a decision on declaring the case inadmissible. The matter was originally addressed to the claim submitted to the European court with regard to the participation in the contest for frequency No. 37.”
As we know, it is the very first contest in which the company participated but didn’t win and thus was deprived of a license. Only in 2004 did “Meltex”LLC and its Chairman Movses Movsisyan submit the second claim against Armenia, and what’s more, they argued the fact of not having been granted a license in the sixth contest.
“From this point of view too, if we speak in the language of the respectable attorneys, we can’t say that we lost the case,” the authorized representative said. “The plaintiffs had submitted three claims, arguing violations under 3 Articles of the Convention (the ‘violations’ are their allegations). With respect to 2 articles, the court made a decision on inadmissibility, and two claims were thus rejected. The court passed an admissibility decision with respect to one claim and found that there had been a violation.
From the point of view of winning or losing the case, let me mention the following: whenever a relevant claim goes to the European Court, the parties undoubtedly have certain expectations. The expectation of Micro Movsisyan and ‘Meltex’ LLC was to receive around 1500000 Dollars; that’s to say, claimants expected the Republic of Armenia to pay them that sum as a compensation. As a result of the Government’s objection, the European Court decided to satisfy the claim in the amount of 30000 Euros. That’s to say, when considering the expectations of the parties, it is necessary to specify whether the conversation is about victory or defeat.”
Giving more details, G. Kostanyan said that the plaintiffs of the second case were Mesrop Movsisyan and “Meltex” LLC. Based on the objections of the Government, the court removed Mesrop Movsisyan’s name from the case, recognizing him as an unrightful claimant and did not recognize him as an aggrieved party. That’s to say, it confirmed the fact that the decision made by the National Committee on Television and Radio as well as the further decisions of the relevant courts did not constitute a violation of any law in relation to Mesrop Movsisyan, as he was not a even a subject of telecommunication sphere in the frameworks of the law on Telecommunication and Radio.
As informed by G. Kostanyan, the European Court discussed only the violation of the right to freedom of speech.
“The violation of freedom of speech,” he continued, “was recognized purely in consideration of the fact that refusing to grant a license to the company, the National Committee on Television and Radio did not clearly specify the reasons which served as grounds for rejection. That’s to say, it was exclusively the absence of clear-cut reasons that led to a violation of the law.”
Touching upon the specified financial compensations, the Deputy Minister said, “Meltex’ LLC and Mesrop Movsisyan claimed that the Government pay material and non-material damages and cover the defense costs. The material damages made up around 1350000 Dollars, and the non-material damages made up 50000 Dollars. In the meantime, the costs for defense were classified into two groups: sums spent on the local attorneys and sums spent on the well-known KHPR law organization of London.
The European Court totally rejected the material claims of “Meltex” company and satisfied the non-material claims in the amount of 20.000 Euros. As regards the costs for defense, it only satisfied the claim for the sums to be paid to KHRP company of London.
G. Kostanyan underlined that the European Court had not confirmed the statements which “Meltex” had been making since 2002, saying that the company had been denied a license on political motives.
He also said that the court decision doesn’t mean that Armenia (the given committee) is obliged to grant a license to “Meltex” LLC; the company is free to participate in contests for frequencies as it did in the past and be granted a license in case of winning the contest.
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