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
Armenia to face Georgia in Nations League play-off
The 2024/25 UEFA Nations League knockout stage and play-off ties have been confirmed following the draw in Nyon, Switzerland on Friday....
16:36
Hayk Marutyan agrees to debate with Tigran Avinyan
New Power party leader Hayk Marutyan has agreed to a TV debate with incumbent Yerevan Mayor Tigran Avinyan. Marutyan, a former Yerevan...
15:45
Opposition politician: Pashinyan leading Armenia to 'final collapse'
Prime Minister Nikol Pashinyan’s administration is leading Armenia to the “final collapse” and Turkification, opposition...
15:05
Caretaker deputy justice minister sacked
Armenian Prime Minister Nikol Pashinyan has signed a decree to dismiss Armenuhi Harutyunyan as Acting Deputy Minister of Justice....
14:35
Armenian parliament speaker confirms MP's resignation
National Assembly Speaker Alen Simonyan has issued a statement on the resignation of Narek Zeynalyan as an MP from Armenia’s ruling Civil...
14:06
Visa restricts media access to key event in Yerevan
Visa has restricted the media access to the Cashless Forum 2024 to be held in Yerevan for the first time on November 22. Only...
13:36
Orban says he will invite Netanyahu to Hungary after ICC warrant
Prime Minister Viktor Orban said on Friday he would invite Israeli Prime Minister Benjamin Netanyahu to visit Hungary, saying he would guarantee...
13:11
Temps to plummet in Armenia
Clear weather is expected in Armenia's regions on Friday and over the weekend. Rain and snow are forecast for most parts of the country...
12:32
Alexis Ohanian showcases rare Armenian coin
Reddit co-founder Alexis Ohanian has showcased a rare Armenian coin from 95 BC featuring Tigranes the Great, a famous Armenian king....
12:16
German foreign minister criticizes Azerbaijan's human rights record
German Foreign Minister Annalena Baerbock criticized the human rights record of Azerbaijan during her first appearance at the UN Climate Change...
12:06
Minister shares new images captured by Armenia's first satellite
Armenia's Minister of High-Tech Industry Mkhitar Hayrapetyan has shared new satellite images from orbit captured by ARMSAT-1,...
11:36
World Cadet Chess Championship passes its halfway mark
The 2024 World Cadet Chess Championship has passed its halfway mark in Montesilvano, Italy. After 6 rounds, in the Open 12 category CM...
11:15
Iran to launch 'new and advanced centrifuges' in response to IAEA censure
Iran said Friday it would launch a series of "new and advanced" centrifuges in response to a resolution adopted by the IAEA that...
11:00
Armenian, Iranian foreign ministers hold phone call
Armenian Foreign Minister Ararat Mirzoyan on Thursday had a telephone conversation with his Iranian counterpart Seyed Abbas Araghchi....
17:07
Winter military draft starts in Armenia on November 25
The winter conscription for compulsory military service starts in Armenia on November 25 to run through January 31, 2025. The...
16:45
Russian spokeswoman told not to comment on ballistic missile strike live on air
Russia's foreign ministry spokeswoman Maria Zakharova received a phone call during a live press briefing on Thursday telling her not to...
16:33
Belgian politicians call for immediate release of all Armenian prisoners held in Baku
In the backdrop of the COP29 currently taking place in Baku 20 members of the Belgian Federal Parliament, the Flemish Parliament, the Walloon...
16:06
Armenia thwarts large-scale drug smuggling attempt
Officers of Armenia’s State Revenue Committee (SRC) have foiled an attempt to smuggle some 1,600 grams of cocaine into the country as part...
15:33
Armenian government reduces financial aid for Artsakh refugees
The Armenian government on Thursday approved a decision to reduce financial aid for the displaced Artsakh Armenians. Starting from...
14:45
Percival Everett wins National Book Award
Percival Everett has won the $10,000 National Book Award for fiction, one of the US’s most prestigious literary prizes, for James, his...
14:35
Pyunik v West Armenia match canceled
An Armenian Premier League match between FC Pyunik and West Armenia has been canceled. The 17th round match was scheduled for November 21....
14:06
Armenian Foreign Ministry denies cooperation with Azerbaijan on water management
Armenia’s Foreign Ministry has denied claims of cooperation with Azerbaijan on transboundary water resources management. In a social...
13:36
No rain in sight for rest of the week
Clear weather is expected in Armenia's regions from Thursday to Sunday.  Rain and snow are forecast for most parts of the country...
13:06
Pashinyan thanks dismissed officials for cooperation
Armenian Prime Minister Nikol Pashinyan expressed gratitude to the dismissed top government officials for joint work and wished good luck to...
12:36
Armenian church marks Presentation of Virgin Mary
The Armenian Apostolic Church celebrates the Presentation of the Blessed Virgin Mary on Thursday, November 21. According to tradition,...
12:15
Luxembourg's parliament demands immediate release of all unlawfully imprisoned persons in Azerbaijan
Luxembourg’s Chamber of Deputies has adopted a resolution condemning the Azerbaijani government’s sanctions against the freedom of...
12:00
Davit Khudatyan appointed minister of territorial administration
Armavir Governor Davit Khudatyan has been appointed Minister of Territorial Administration and Infrastructure. Armenian President Vahagn...
11:45
Australia launches bill to ban social media for children under 16
Australia's centre-left government on Thursday introduced a bill in parliament that aims to ban social media for children under 16 and...
11:30
Armenia's Andranik Avetisyan wins gold at World Military Wrestling Championships
The 37th World Military Wrestling Championships kicked off in Yerevan, Armenia, on Wednesday, bringing together 400 participants...
11:10
Leopard missing for two years spotted in Armenia's Tavush
A leopard, that lost its front paw and disappered from Armenia's Vayots Dzor Province in December 2022, has been spotted in...

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?"}