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ARMENIAN PRESIDENT HAD NO RIGHT TO DETERMINE PUNISHMENT: HUMAN RIGHTS LAWYERS (UPDATED)
epress.am
01.27.2012
A 2003 decree by then president of Armenia Robert Kocharian that
granted 38 prisoners amnesty by having their death penalty sentence
changed to life imprisonment violated the European Convention on
Human Rights and also Armenia's Constitution, said experts at a round
table on Thursday on issues of prisoners in Armenia sentenced to life
in prison.
Human rights lawyer Arayik Ghazaryan asserted that according to the
Convention for the Protection of Human Rights and Fundamental Freedoms,
the former president only had the right to grant a pardon, but not
to decide the punishment - that's the function of the judiciary.
"Article 7 of the European Convention says that the penalty should
be made only on the basis of law. But the European Court's right to
precedence says pardon, mitigation of the sentence, is not subject
to Article 7 because it's the application of punishment and not
the appointing of punishment," said Ghazaryan, adding that if those
38 prisoners were to appeal to the European Court of Human Rights,
Armenia would have some problems on its hands.
The president, it seems, determined the punishment also in the eyes
of Armenia's legislation, added human rights lawyer Vahe Grigoryan,
explaining that, it seems, "punishment determined by the president"
has replaced the death penalty.
Another issue that concerns the Civil Initiative to Support Prisoners
Sentenced to Life is that the 2010 legislative amendment which
determined the maximum sentence for life imprisonment to be 20 years
(instead of the previous 15) doesn't actually address cases examined
before the amendment was made.
"In some cases, considering 15 years to be a light sentence, judges
in the past preferred to give life sentences. It was assumed that by
determining the maximum to be 20 years, the number of those given life
sentences would be reduced. However, all 97 lifers [out of 104 in the
country] who appealed to the courts (with the request to review their
punishments), considering that the change is applicable retroactively,
were rejected by the court," said Armenian Helsinki Committee human
rights lawyer Robert Revazyan, adding that, in his opinion, the court
made a wrong move, since if these same people were sentenced today
not all would be given life sentences.
Updated 3 pm on Friday, Jan. 27: "Robert Kocharian" replaced "Serzh
Sargsyan" who was incorrectly named as the president who granted
the amnesty.
From: A. Papazian
epress.am
01.27.2012
A 2003 decree by then president of Armenia Robert Kocharian that
granted 38 prisoners amnesty by having their death penalty sentence
changed to life imprisonment violated the European Convention on
Human Rights and also Armenia's Constitution, said experts at a round
table on Thursday on issues of prisoners in Armenia sentenced to life
in prison.
Human rights lawyer Arayik Ghazaryan asserted that according to the
Convention for the Protection of Human Rights and Fundamental Freedoms,
the former president only had the right to grant a pardon, but not
to decide the punishment - that's the function of the judiciary.
"Article 7 of the European Convention says that the penalty should
be made only on the basis of law. But the European Court's right to
precedence says pardon, mitigation of the sentence, is not subject
to Article 7 because it's the application of punishment and not
the appointing of punishment," said Ghazaryan, adding that if those
38 prisoners were to appeal to the European Court of Human Rights,
Armenia would have some problems on its hands.
The president, it seems, determined the punishment also in the eyes
of Armenia's legislation, added human rights lawyer Vahe Grigoryan,
explaining that, it seems, "punishment determined by the president"
has replaced the death penalty.
Another issue that concerns the Civil Initiative to Support Prisoners
Sentenced to Life is that the 2010 legislative amendment which
determined the maximum sentence for life imprisonment to be 20 years
(instead of the previous 15) doesn't actually address cases examined
before the amendment was made.
"In some cases, considering 15 years to be a light sentence, judges
in the past preferred to give life sentences. It was assumed that by
determining the maximum to be 20 years, the number of those given life
sentences would be reduced. However, all 97 lifers [out of 104 in the
country] who appealed to the courts (with the request to review their
punishments), considering that the change is applicable retroactively,
were rejected by the court," said Armenian Helsinki Committee human
rights lawyer Robert Revazyan, adding that, in his opinion, the court
made a wrong move, since if these same people were sentenced today
not all would be given life sentences.
Updated 3 pm on Friday, Jan. 27: "Robert Kocharian" replaced "Serzh
Sargsyan" who was incorrectly named as the president who granted
the amnesty.
From: A. Papazian