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The relevant department at Armenia’s ministry of Justice is set to look into the “Vardanyan and Nanushyan v. Armenia” ruling by the European Court of Human Rights (ECRH), that also questioned the actions of the current chairman of the Armenian Court of Cessation Arman Mkrtumyan.

“The relevant department is studying the case and all the circumstances with a follow-up update to be provided in case any steps are decided to take,” Justice Minister Arpine Hovhannisyan told Panorama.am, when asked how judicial system of Armenia should address the matter when the European Court gives a negative assessment to the decisions and actions of the country’s judges.

To remind, two months ago the ECRH issued a decision on the case “Vardanyan and Nanushyan v. Armenia”, which recognizes that the Republic of Armenia has violated the principle of legal certainty and equality of arms, lack of a fair hearing by an impartial tribunal and deprivation of property.  

The applicants were former inhabitants of a house situated at Byuzand Street who were deprived of their plot “in the scope of alienation of private property for public purposes”.
The residents specifically received a compensation for the alienation of the house at 54 ml. AMD, while market value of the plot of land was AMD 276 ml.

In its verdict the European Court gave an assessment to the current Chairman of the Armenian Court of Cessation Arman Mkrtumyan, referred as Judge M. “Judge M.’s conduct, lacking in the necessary detachment demanded by the principle of judicial neutrality, raised an objectively justified fear that he lacked impartiality when deciding the applicant’s case within the meaning of Article 6 § 1 of the Convention,” read a part of the ruling.

Minister Hovhannsiyan said the Justice Ministry is not authorized to appeal to the Council of Justice [an independent body, mandated with imposing disciplinary liability on judges as part of its authority] to initiate a disciplinary proceeding against the Chairman of the Court of Cassation.

“Either fortunately or regretfully, the justice minister is not authorized to apply the Council of Justice with a petition to launch disciplinary proceedings against the Chairman of the Court of Cassation as well as other judges,” Hovhannisyan explained, adding the authority lies with the Ethics Committee of RA Council of Courts Chairmen.

However, the minister noted that Armenian legislation provides the legal mechanism for demanding a compensation from a judge in case their rulings are overturned through the judicial order.

“If a mistake of judge is proved in a court ruling, there is the relevant mechanism to compensate the RA citizen for the damage with the reverse petition to demand compensation from the judge. The Civil Code gives the mechanism, yet the question remains should we ask for compensation from the judges for each individual case? I think - no, since that is a matter of the judge’s independence. It would serve as a leverage and baton of the executive body upon the judicial system,” the minister clarified, instead suggesting to proceed with the new Judicial Code of Armenia that would set strict requirements for selecting and appointing judges.
   
“The Judicial Code should provide guarantees to appoint judges to be free of concerns for their legal verdicts without fears of being challenged by higher instances. The judge should be assessed objectively,” the minister said, suggesting ‘small steps and revolutionary solutions’ toward improving the sphere.