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KAREN ANDREASYAN: LEGISLATION IN ARMENIA STRONGLY PROTECTS CORRUPT JUDGES AGAINST FAIR PUBLIC PRESSURE
by Ashot Safaryan
arminfo
Thursday, June 21, 18:04
Interview of Human Rights Defender of Armenia, Candidate of Legal
Sciences Karen Andreasyan to ArmInfo
Mr. Andreasyan, on June 11 more than 550 out of 1200 representatives of
the Chamber of Lawyers went on a 1-day strike and did not attend the
court sessions, thereby protesting against the problems and judicial
outrage in the legal system. How much do you think such actions are
efficient for removing the existing shortcomings in the system?
The judicial system of Armenia has so many problems, and the lack of
trust in the court system is so much obvious that I was not at all
surprised at the strike of the lawyers. Moreover, we support the
lawyers, in particular, when they are jointly trying to fight the
outrage of courts and unfairness. Today the society has got very
few ways to influence the court ~Selite~T. In fact, the latter is
rather ~Sprotected~T against the public pressure. This is fixed in
the Constitution, as well as in the world practice - the external
impact on the judicial power should be reduced to minimum for the
latter to be independent in its actions. However, actually, in Armenia
this requirement of the Constitution and international norms has in
fact led to the opposite effect, i.e. - despotism of judges. A court
must depend on the law, it must not depend on neighbors, relatives,
oligarchs or money. In Armenia the independence of courts has turned
into total chaos. Such prudence often leads to the expected and fair
public protest. I don't want to comment on this action of lawyers.
Nevertheless, I can say that the general struggle against the top
of the judicial power is clear and acceptable to us. It is still
relevant today.
The focus in this problem is always put on the fact that the judges and
the courts should change, without the slightest hint of the necessity
to create conditions for the judges~R independence and to curb the
oligarchs and those at power.
If a judge takes a bribe and passes an unfair verdict, to blame is
not so much the oligarch that has bribed him but the authority that
has failed to punish the judge.
Do you mean the Justice Council?
Yes, I do. It is the only force, besides the mass media, that can
influence our courts, but, unfortunately, it is not efficient.
How did your polemic with the Cassation Court regarding the problem
of the Justice Council end?
By asking the Justice Council to punish three judges I meant to show
that the punishment mechanism is ineffective. Instead of punishing the
judges, the Council just said that the judiciary is independent. So, we
are right when saying that there is no progress in the Council's work.
The European Court of Human Rights (ECHR) has recently obliged the
Republic of Armenia to pay 6,000 EUR to prisoner Ararat Muradkhanyan.
Are there many such claims against Armenia? How does the state fulfill
its obligations with respect to the claimants who win the case?
Lots of complaints have so far been filed to the Court against Armenia,
with most of them satisfied. Our authorities timely pay the required
compensations but do nothing to improve the situation. What we need
is to punish the judges that are to blame for our spoiled image.
Many local and international human rights organizations regularly
raise the problem of poor custody in Armenian penitentiaries. What~Rs
the solution to this problem?
Unfortunately, insufficient financing prevents the Human Rights
Defender's Office from improving conditions in Armenian jails. The
problem of poor custody and bad treatment in jails is very urgent
in Armenia, but my office does not have enough money to make a real
change. We still keep visiting jails and, together with NGOs, reporting
the problems existing there. The Justice Ministry is building new jails
to solve the problem of congestion, but there are still problems of
poor conditions, bad treatment, corruption and violence.
The hotline service has been operating since November 2011. Are the
citizens interested in cooperation with the Human Rights Defender~Rs
Office?
We receive a huge number of statements, applications, and we
received about 700 calls on the very first day of creation of the
hotline service. People call us every day and get assistance from
us. Our cooperation with the NGOs, as well as the funds we receive
from international structures, allow us to provide the necessary help
to the people who become victims of injustice, bad treatment in the
Police, investigation bodies and other law-enforcement structures.
From: Baghdasarian
by Ashot Safaryan
arminfo
Thursday, June 21, 18:04
Interview of Human Rights Defender of Armenia, Candidate of Legal
Sciences Karen Andreasyan to ArmInfo
Mr. Andreasyan, on June 11 more than 550 out of 1200 representatives of
the Chamber of Lawyers went on a 1-day strike and did not attend the
court sessions, thereby protesting against the problems and judicial
outrage in the legal system. How much do you think such actions are
efficient for removing the existing shortcomings in the system?
The judicial system of Armenia has so many problems, and the lack of
trust in the court system is so much obvious that I was not at all
surprised at the strike of the lawyers. Moreover, we support the
lawyers, in particular, when they are jointly trying to fight the
outrage of courts and unfairness. Today the society has got very
few ways to influence the court ~Selite~T. In fact, the latter is
rather ~Sprotected~T against the public pressure. This is fixed in
the Constitution, as well as in the world practice - the external
impact on the judicial power should be reduced to minimum for the
latter to be independent in its actions. However, actually, in Armenia
this requirement of the Constitution and international norms has in
fact led to the opposite effect, i.e. - despotism of judges. A court
must depend on the law, it must not depend on neighbors, relatives,
oligarchs or money. In Armenia the independence of courts has turned
into total chaos. Such prudence often leads to the expected and fair
public protest. I don't want to comment on this action of lawyers.
Nevertheless, I can say that the general struggle against the top
of the judicial power is clear and acceptable to us. It is still
relevant today.
The focus in this problem is always put on the fact that the judges and
the courts should change, without the slightest hint of the necessity
to create conditions for the judges~R independence and to curb the
oligarchs and those at power.
If a judge takes a bribe and passes an unfair verdict, to blame is
not so much the oligarch that has bribed him but the authority that
has failed to punish the judge.
Do you mean the Justice Council?
Yes, I do. It is the only force, besides the mass media, that can
influence our courts, but, unfortunately, it is not efficient.
How did your polemic with the Cassation Court regarding the problem
of the Justice Council end?
By asking the Justice Council to punish three judges I meant to show
that the punishment mechanism is ineffective. Instead of punishing the
judges, the Council just said that the judiciary is independent. So, we
are right when saying that there is no progress in the Council's work.
The European Court of Human Rights (ECHR) has recently obliged the
Republic of Armenia to pay 6,000 EUR to prisoner Ararat Muradkhanyan.
Are there many such claims against Armenia? How does the state fulfill
its obligations with respect to the claimants who win the case?
Lots of complaints have so far been filed to the Court against Armenia,
with most of them satisfied. Our authorities timely pay the required
compensations but do nothing to improve the situation. What we need
is to punish the judges that are to blame for our spoiled image.
Many local and international human rights organizations regularly
raise the problem of poor custody in Armenian penitentiaries. What~Rs
the solution to this problem?
Unfortunately, insufficient financing prevents the Human Rights
Defender's Office from improving conditions in Armenian jails. The
problem of poor custody and bad treatment in jails is very urgent
in Armenia, but my office does not have enough money to make a real
change. We still keep visiting jails and, together with NGOs, reporting
the problems existing there. The Justice Ministry is building new jails
to solve the problem of congestion, but there are still problems of
poor conditions, bad treatment, corruption and violence.
The hotline service has been operating since November 2011. Are the
citizens interested in cooperation with the Human Rights Defender~Rs
Office?
We receive a huge number of statements, applications, and we
received about 700 calls on the very first day of creation of the
hotline service. People call us every day and get assistance from
us. Our cooperation with the NGOs, as well as the funds we receive
from international structures, allow us to provide the necessary help
to the people who become victims of injustice, bad treatment in the
Police, investigation bodies and other law-enforcement structures.
From: Baghdasarian