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

17:12
UJA slams police brutality against reporters at protests in Yerevan
The Union of Journalists of Armenia (UJA) denounced the police violence against reporters at anti-government protests in Yerevan on Monday,...
16:45
Rains, thunderstorms to persist this week
The rainy weather is expected to persist across Armenia in the next few days. The Hydrometeorological Service reports high chances of...
16:30
Protesters block major roads in Armenia
Heeding a call from Archbishop Bagrat Galstanyan of the Tavush Diocese, protesters blocked the Yerevan-Sevan and Yerevan- Ararat highways in...
16:06
Judge recuses himself from case of Narek Samsonyan and Vazgen Saghatelyan
Judge Tigran Voskanyan of Yerevan’s Criminal Code on Monday recused himself from the case involving opposition activists Narek Samsonyan...
15:36
Protest in support of political prisoners held outside Yerevan court
The Ajapnyak District Criminal Court of Yerevan will start preliminary hearings in the criminal case against opposition activists Vazgen...
15:00
Over 150 detained during protests in Armenia
Armenian police detained a total of 151 people blocking streets in Yerevan early on Monday as part of peaceful acts of civil disobedience...
14:35
Georgian parliament set to approve 'foreign influence' law
The Legal Affairs Committee of the Georgian Parliament approved a bill on transparency of "foreign influence" in its third hearing on...
14:03
Archbishop Bagrat gets warm welcome at Writers' Union
Protesters led by Archbishop Bagrat Galstanyan of the Tavush Diocese marched to the Writers' Union of Armenia in Yerevan on Monday...
13:31
Writer voices support for protest movement in Armenia
Protesters led by Archbishop Bagrat Galstanyan of the Tavush Diocese marched to the Writers' Union of Armenia in Yerevan on Monday...
12:54
Parliamentary faction of Armenia's ruling party holds closed meeting
The parliamentary faction of Armenia’s ruling Civil Contract party held a closed meeting on Monday, News.am reported. The...
12:47
Protesters released after brief detention in Yerevan
All the protesters detained during acts of civil disobedience in Yerevan on Monday morning were released, human rights activist Varazdat...
12:23
Protesters led by senior cleric march to Artists' Union of Armenia
Protesters led by Archbishop Bagrat Galstanyan marched towards the Artists’ Union of Armenia in Yerevan on Monday morning. The...
11:59
OSCE chief arrives in Armenia
OSCE Chairperson-in-Office and Malta's Minister of Foreign and European Affairs and Trade Ian Borg arrived at the Foreign Ministry...
11:34
Dozens of protesters detained in Yerevan
Police officers detained dozens of people attempting to block streets in Yerevan on Monday morning. The Interior Ministry reported that 88...
11:15
Civil disobedience actions resume in Yerevan
Acts of civil disobedience resumed in Yerevan on Monday morning to push for Prime Minister Nikol Pashinyan’s resignation. Heeding...
11:00
In pictures: Another rally led by senior cleric held in central Yerevan
The Tavush for the Homeland movement led by Archbishop Bagrat Galstanyan held a third rally in Yerevan’s central Republic Square on...
17:15
Azerbaijan destroys church in Artsakh's Berdzor
Azerbaijan has completely destroyed the Holy Ascension (Surb Hambardzum) Church in the Berdzor district of occupied Artsakh (Nagorno-Karabakh)....
17:00
Temperatures to drop in Armenia next week
Rains and thunderstorms coupled with strong winds will persist across Armenia over the weekend and next week. Hail is also possible in some...
16:36
Senior cleric urges Diaspora Armenians to support protest movement in Armenia
Archbishop Bagrat Galstanyan of the Tavush Diocese has urged Diaspora Armenians to join rallies in support of the Tavush for the Homeland...
16:06
Eurovision 2024: How to vote for Armenia's Ladaniva in Grand Final
Here’s the list of all the countries that can vote for Ladaniva in the Grand Final of Eurovision 2024. Ladaniva's performance number...
15:33
Tavush movement slams entry ban on French-Armenian reporter
The Tavush for the Homeland movement has denounced the entry ban imposed on French-Armenian journalist Leo Nicolian. Nicolian has been on a...
15:00
Armenian, Azeri FMs end talks in Almaty
Armenian Foreign Minister Ararat Mirzoyan and his Azerbaijani counterpart Jeyhun Bayramov have completed two-day negotiations in Almaty,...
14:30
Former Armenian MP detained in Russia
Former Armenian lawmaker Tigran Urikhanyan, the leader of the Alliance Party wanted by Armenia’s authorities, has been detained in Russia,...
14:04
Hayakve member detained at protest in Yerevan
Menua Soghomonyan, a senior member of the Hayakve initiative, was detained during a peaceful civil disobedience in Yerevan on Saturday....
13:31
Lawyer says at least 30 protesters detained in Yerevan
At least 30 people were detained during protests in Yerevan on Saturday, human rights lawyer Ruben Melikyan said. Riot police used excessive...
13:06
Peaceful protesters detained in Yerevan
Police officers used excessive force to detain peaceful protesters blocking streets in Yerevan on Saturday. The National Front said in a...
12:34
Acts of civil disobedience continue in Yerevan
Acts of civil disobedience continue in Yerevan to push for Prime Minister Nikol Pashinyan’s resignation. Archbishop Bagrat Galstanyan...
12:03
Armenian Diocese of Australia and New Zealand supports Tavush movement
Archbishop Haigazoun Najarian, Primate of the Armenian Church Diocese of Australia and New Zealand, the diocesan council and clergy express...
11:36
Lemkin Institute condemns Pashinyan's 'cryptic engagement' with genocide denial
The Lemkin Institute for Genocide Prevention on Friday issued a statement condemning Armenian Prime Minister Nikol Pashinyan's...
11:24
Seven dead after bus falls into river in Russia's St Petersburg
Seven people have died after a bus crashed and fell into a river in the Russian city of St Petersburg, BBC News reports, citing local...

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?"}