Law 16:36 16/02/2022 Armenia

Davit Harutyunyan: New law eliminated constitutional guarantees for judges’ independence

Author Lala Ter-Ghazaryan

Judge Davit Harutyunyan of the Yerevan Court of General Jurisdiction believes that the amendments to Armenia’s Judicial Code and Criminal Procedure Code passed earlier in February will not survive long, while the reactions of international organizations to the legislative changes will not be late.

“Sooner or later, the law will be declared unconstitutional, or the leading international organizations, that were referred to during the adoption of the amendments, will call for their review,” Harutyunyan told Panorama.am in an interview on Wednesday.

“I simply rule out that the Venice Commission would have approved the passage of such a bill in such a manner. I believe the position of the Venice Commission concerning another situation has been falsely presented. In addition, based on an application, the Constitutional Court will rule on this law sooner or later," he stated.

The Armenian National Assembly passed in the second and final reading the draft laws calling for amendments and supplements to the Judicial Code and the Criminal Procedure Code on February 9.

Under the amendments authored by ruling Civil Contract faction MPs Vladimir Vardanyan and Vahagn Hovakimyan, five members of the Supreme Judicial Council (SJC), a state body overseeing Armenian courts, are enough to greenlight disciplinary proceedings against judges. Previously, such decisions had to be approved by at least seven of the ten SJC members.

The changes lowering this threshold were not included in the initial version of the bill adopted by the parliament in the first reading in January. They were added shortly before its passage in the second reading.

“The new law has neutralized and nullified the constitutional guarantees for judges' independence. The Constitution clearly set the threshold for bringing judges to account, suspending them, etc. The amendments cannot be called a clarification of the SJC’s powers. Obviously, the constitutional guarantees for the independence of judges are being neutralized or reduced,” Harutyunyan said.

Before being put on the agenda of the parliament, the authors did not discuss the proposed changes with representatives of the legal community. Armenian lawyers and judges were unaware of them.

"No judge was aware of the changes. We can assume from the statements that only certain members of the SJC were aware of such wordings of the law or they themselves made such formulations along with some MPs. There are SJC judges, who were unaware of the bill,” the judge stated.

He said he would have opposed the amendments if they had been discussed with judges. “They run counter to the Constitution, neutralizing or eliminating the constitutional guarantees,” the judge said.

In response to the question why such controversial changes were made, the judge quoted Minister of Justice Karen Andreasyan as saying at the February 10 cabinet meeting that the move “aims to remove bad judges from the judicial system."

“The statements of minsters and judges make it clear that the law seeks to get rid of judges or to punish them under the guise of the clarification of the SJC powers. I tend to believe the justice minister’s statements. As for who the bad judges are, it turns out that the minister will decide for himself,” Harutyunyan noted, adding circle of "bad" judges has already been outlined.

As a result of the discussions that followed the launch of disciplinary proceedings against the judges of the SJC, Harutyunyan came to the conclusion that the state body first picks up judges, and then tries to ascribe violations to them.

"The last [SJC] meeting, especially the questions and answers, made it clear that reports about possible violations [of judges] are not submitted to the SJC, but rather judges are picked up first and then efforts are made to ascribe certain violations to them. To put it short, the selection of judges is mostly targeted," he stressed.

Harutyunyan claims there is already opposition to the law, which will father intensity in the future.



Source Panorama.am
Share |
Տեքստում սխալ կամ վրիպակ նկատելու դեպքում, ուղարկեք խմբագրին հաղորդագրություն` նշելով տվյալ սխալը, այնուհետև սեղմելով Ctrl-Enter:

Newsfeed

17:00
Inna Sahakyan joins jury of world's largest animation festival
Filmmaker Inna Sahakyan will serve on the jury for this year’s Annecy International Animation Film Festival in France, the Armenian...
16:36
Statement on border delimitation deal violates Armenian laws, activist claims
The statement on a border delimitation agreement between Armenia and Azerbaijan issued by the Armenian Foreign Ministry on Friday runs counter...
16:00
Azerbaijan 'restoring' Shushi's Realni School
After 2020, Shushi has become the focal point of Azerbaijan's efforts to erase, appropriate, and expropriate Armenian historical and...
15:35
Pashinyan: Russian border guards will leave Tavush
Russian border guards will leave Armenia’s Tavush Province following the delimitation of the border with Azerbaijan, Prime Minister Nikol...
15:05
109-year-old Armenian Genocide survivor honored at Mass. State House
Thundering applause filled the House of Representatives chamber at the Massachusetts State House Friday morning, as lawmakers and visitors...
14:36
Armenian interior minister meets with protesters in Tavush
Armenia’s Interior Minister Vahe Ghazaryan on Saturday travelled to the village of Kirants in Tavush Province to meet with local residents...
14:04
Azerbaijan completely destroys Ghazanchetsots cemetery in Shushi
Satellite imagery dated April 4 shows that the destruction of the Ghazanchetsots cemetery in...
13:37
Armenian expert slams land handover to Azerbaijan
Political analyst Edgar Elbakyan has denounced the planned handover of four border villages in Armenia’s Tavush Province to Azerbaijan,...
13:04
Protesters block street in Yerevan
A group of people staged a protest near Yerevan’s Liberty Square on Saturday after the Armenian authorities announced a border...
12:30
Blinken welcomes Armenia-Azerbaijan border delimitation deal
U.S. Secretary of State Antony Blinken has welcomed Friday's agreement on the delimitation of the state border between Armenia and...
12:06
Armenian border residents protest land handover to Azerbaijan
Residents of several communities in Armenia’s Tavush Province on Saturday resumed protests against the planned land handover to...
11:30
UN chief welcomes Armenia-Azerbaijan border delimitation agreement
UN Secretary-General Antonio Guterres has welcomed Friday's agreement on the delimitation of the state border between Armenia and...
11:15
Armenia's Vahagn Davtyan wins gold at Gymnastics World Cup
Vahagn Davtyan of the Armenian gymnastics team has clinched a gold medal at the Gymnastics World Cup in Doha. Davtyan scored a total...
11:00
Valuable manuscripts being restored at Armenian Museum of America
Yerevan's Matenadaran is actively supporting the restoration of manuscripts from partner institutions abroad. Currently, the head of the...
17:06
Armenian villagers protest over lack of irrigation water
More than a hundred residents of Vardanashen, a village in Armenia’s Armavir Province, on Friday blocked the Yerevan-Margara highway...
16:45
Angelina Jolie accuses Brad Pitt of trying to 'bleed her dry'
It's a breakup that's lasted almost as long as the relationship that preceded it. Dubbed 'the war of the rosés,'...
16:35
Court in Yerevan rejects police lawsuit against oppositionist
The Administrative Court in Yerevan has rejected a lawsuit filed by the police against Karen Vrtanesyan, an expert on military and warfare...
15:59
Exhibition of sculptures dedicated to Charles Aznavour to be held in Yerevan
Yerevan's Two Arcs Art Space will be hosting an interactive exhibition of sculptures created by sculptor Mkrtich Mazmanian and...
15:40
Ruben Vardanyan launches hunger strike in Baku, demands release of all Armenian prisoners
The family of illegally detained philanthropist, Ruben Vardanyan, announced today that he entered into a hunger strike to demand the immediate...
15:06
Lavrov: Russia still considers Armenia an ally
Russia still considers Armenia an ally not only legally, Russian Foreign Minister Sergei Lavrov has said, highlighting Moscow's...
14:33
Stepantsminda-Larsi road closed to trucks
The Rescue Service has warned drivers about closed roads in Armenia on Friday afternoon. In particular, the roads linking the Amberd high...
14:14
Expert: What Russia gains from troop withdrawal from Artsakh?
The withdrawal of Russian peacekeepers from Artsakh (Nagorno-Karabakh) could signal a new conspiracy against Armenia, says Armen Petrosyan, a...
13:34
Opposition MP: Pashinyan lying about possible territory swap with Azerbaijan
Opposition MP Tigran Abrahamyan has brushed aside Prime Minister Nikol Pashinyan’s claims about a possible swap of territories with...
12:34
Cyprus parliament honors Armenian Genocide victims
The Cyprus House of Representatives on Thursday evening observed a minute’s silence for the victims of the Armenian genocide, with the...
12:15
EFJ and UJA demand immediate release of Narek Samsonyan and Vazgen Saghatelyan
The European Federation of Journalists (EFJ) joined its affiliate in Armenia, the Union of Journalists of Armenia (UJA), in denouncing the...
11:36
Baku must fulfil number of requirements to return to PACE, rapporteur says
Norwegian MP Lise Christoffersen, a PACE co-rapporteur on Azerbaijan, said that the Committee of Ministers is holding talks on Azerbaijan's...
11:16
Azerbaijan destroyed Kanach Zham in Shushi
Azerbaijan has destroyed the Armenian church of St. Hovhannes Mkrtich (St. John the Baptist) in Shushi, Artsakh, the Caucasus...
11:00
Iranian air defenses down three drones near Isfahan
Iranian state media said the country’s air defences brought down three small drones over the central city of Isfahan, hours after United...
17:05
Political prisoner Vazgen Saghatelyan blasts Pashinyan for crackdown on critics
Political prisoner Vazgen Saghatelyan, co-host of the Imnemnimi podcast who is currently held in pre-trial detention in the Armavir...
16:34
Iran threatens Israeli nuclear sites should its own be attacked
Iran could review its nuclear doctrine, says a senior Iranian Revolutionary Guards commander, according to state media agency Tasnim....

Follow us and get updates!

Most popular articles

{"core.blocks.header.spell_message1":"Selected mistake: ","core.blocks.header.spell_message2":"Send a message about the mistake?"}