NCTR FURTHER STEPS DEPEND ON CC DECISION/ video /
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“A1+’s case wouldn’t have reached the European Court of Human Rights and a violation of Article 10 of the European Convention on Human Rights wouldn’t have been registered if Armenian judicial instances had demanded the National Commission on Television and Radio (NCTR) to ground for the denial of licences to A1+ in seven tenders for broadcasting tenders,” says the President of “Forum” legal center, A1+’s Advocate Tigran Ter-Yesayan.
On February 13 the Court of Cassation heard the appeal of Meltex Ltd against the National Commission on Television and Radio.
To remind, in its decision of July, 2008, the European Court questioned the lawfulness of seven frequency tenders announced by the (NCTR) and demands to ground for the denial of A1+’s application.
Meltex Ltd had motioned the Cassation Court to review February 27, 2004, and April 23, 2004, decisions of the CC Chamber on Civil and Economic Cases. The motion was based on new circumstances, particularly on a June 17, 2008, decision of the European Court which registered a violation of Article 10 of the European Convention on Human Rights.
Meltex Ltd has set three demands to the Cassation Court. Firstly, the Company demands the Court to recognise that the Company’s right of information dissemination has been breached. Secondly, the Company the Court should nullify the NCTR decisions of denying A1+’s bids for 25, 31, 39, 51 and 63 frequency tenders. Finally, according to Advocate Ara Ghazaryan, the Court should make the NCTR announce a tender for the aforesaid frequencies in the territory of Yerevan.
While studying A1+’s claims, Chief Justice Arman Mkrtumyan cited an extract from the EC decision and noted that the Armenian courts, in particular the Court of Cassation, have made decisions within the law.
“If the Court of Cassation denies our claim, it means the NCTR will not change its posture and will never ground for its decisions or refusals,” says Advocate Ara Ghazaryan.
Today Ara Ghazaryan announced that A1+’s case is unprecedented in Armenia, and the solution must be found with joint efforts.
The Court is to publicise its decision at 11:00 February 19.
