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LAWYERS PROTEST
Susanna Petrosyan
Vestnik Kavkaza
June 22 2012
Russia
More than 500 lawyers representing the Lawyers Chamber of Armenia
carried out a day-long strike on June 11 as a protest against
lawlessness in the judicial system, first of all against unacceptable
methods of work in the Court of Cassation. In late May the group of
lawyers decided to establish a commission which should investigate the
most outrageous violations in the judicial system and present proposals
on settlement of the issues at the Court of Cassation. But later,
lawyers decided to use radical measures against judicial outrage. The
aim of the strike is to draw the attention of the juridical power to
these problems.
The participants of the strike explained that none of the measures
taken earlier - claims to various departments, publications in the
mass media, and so on - helped, as they were ignored.
The lawyers stated that the strike was caused by amendments made in
2007 to the Judicial Code, which defined new criteria for considering
cassation claims. According to the lawyers, the Court of Cassation
interprets unclear criteria as it wishes and doesn't explain refusals
to consider: "Such activity of the Court of Cassation leads to
juridical uncertainty. Even if there is no corruption at the stage
of cassation claims consideration, the double standards used by the
Court of Cassation, at least, do not dispel doubts that corruption
lies at the basis of these principles. That is why the crisis of the
judicial system is deepening," the lawyers' statement says.
One of the participants of the protest, Gevork Gezalyan, says that if
the Court of Cassation doesn't reconsider its policy, doesn't stop
using double standards and carrying out personally-focused legal
proceedings, a full-scale defense couldn't be provided.
Unfortunately, the view that courts are corrupt and take bribes from
defendants for delivering the verdicts they need is widespread in
Armenia. "If society knows that judges, prosecutors, and inspectors
do not take money, bribery will become extinct," the chairman of
the Lawyers Chamber, Ruben Saakyan, says. He believes that many
shortcomings of the judicial system could be fixed by decisions of
the Court of Cassation.
The lawyers think that it is the Court of Cassation that is
responsible for the vicious methods of work of investigation offices
and prosecutors, for the unacceptable situation in the Court of Appeal,
and for constant violations at all proceeding levels.
"The protest was directed not only against the Court of Cassation,
but also against other constituents of the justice system. But why
do we address our requirements to the Court of Cassation? Because we
know that if the judicial system takes the right position, neither
the police nor prosecution will commit lawlessness," a member of the
initiative group, Lusine Saakyan, confidently claims.
In response to the lawyers' protest, an aide to the Court of
Cassation's chairman, Sergey Marabyan, stated that the action against
the Court of Cassation is politically colored: "From a professional
point of view, the statements presented are beyond the legal sphere
and have a political character. The lawyers' actions were similar
to an unreasonable smear of the authorities." Marabyan explains that
lawyers cannot strike against the courts, because the courts are not
the employers of the lawyers.
Of course, a one-day strike of lawyers couldn't raise a great wave of
protest. The management of the Court of Cassation and judges didn't
response to the protest and didn't show readiness to cooperate with
the lawyers. However, the action has no analogues in Armenia and is
important for judicial reforms. Perhaps similar protests will appear
in the future.
Susanna Petrosyan
Vestnik Kavkaza
June 22 2012
Russia
More than 500 lawyers representing the Lawyers Chamber of Armenia
carried out a day-long strike on June 11 as a protest against
lawlessness in the judicial system, first of all against unacceptable
methods of work in the Court of Cassation. In late May the group of
lawyers decided to establish a commission which should investigate the
most outrageous violations in the judicial system and present proposals
on settlement of the issues at the Court of Cassation. But later,
lawyers decided to use radical measures against judicial outrage. The
aim of the strike is to draw the attention of the juridical power to
these problems.
The participants of the strike explained that none of the measures
taken earlier - claims to various departments, publications in the
mass media, and so on - helped, as they were ignored.
The lawyers stated that the strike was caused by amendments made in
2007 to the Judicial Code, which defined new criteria for considering
cassation claims. According to the lawyers, the Court of Cassation
interprets unclear criteria as it wishes and doesn't explain refusals
to consider: "Such activity of the Court of Cassation leads to
juridical uncertainty. Even if there is no corruption at the stage
of cassation claims consideration, the double standards used by the
Court of Cassation, at least, do not dispel doubts that corruption
lies at the basis of these principles. That is why the crisis of the
judicial system is deepening," the lawyers' statement says.
One of the participants of the protest, Gevork Gezalyan, says that if
the Court of Cassation doesn't reconsider its policy, doesn't stop
using double standards and carrying out personally-focused legal
proceedings, a full-scale defense couldn't be provided.
Unfortunately, the view that courts are corrupt and take bribes from
defendants for delivering the verdicts they need is widespread in
Armenia. "If society knows that judges, prosecutors, and inspectors
do not take money, bribery will become extinct," the chairman of
the Lawyers Chamber, Ruben Saakyan, says. He believes that many
shortcomings of the judicial system could be fixed by decisions of
the Court of Cassation.
The lawyers think that it is the Court of Cassation that is
responsible for the vicious methods of work of investigation offices
and prosecutors, for the unacceptable situation in the Court of Appeal,
and for constant violations at all proceeding levels.
"The protest was directed not only against the Court of Cassation,
but also against other constituents of the justice system. But why
do we address our requirements to the Court of Cassation? Because we
know that if the judicial system takes the right position, neither
the police nor prosecution will commit lawlessness," a member of the
initiative group, Lusine Saakyan, confidently claims.
In response to the lawyers' protest, an aide to the Court of
Cassation's chairman, Sergey Marabyan, stated that the action against
the Court of Cassation is politically colored: "From a professional
point of view, the statements presented are beyond the legal sphere
and have a political character. The lawyers' actions were similar
to an unreasonable smear of the authorities." Marabyan explains that
lawyers cannot strike against the courts, because the courts are not
the employers of the lawyers.
Of course, a one-day strike of lawyers couldn't raise a great wave of
protest. The management of the Court of Cassation and judges didn't
response to the protest and didn't show readiness to cooperate with
the lawyers. However, the action has no analogues in Armenia and is
important for judicial reforms. Perhaps similar protests will appear
in the future.