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WILL THE LEGAL SYSTEM IMPROVE IN ARMENIA?
hetq
22:09, March 29, 2012
By Prof. Osheen Keshishian
The legal system in Armenia probably is the most untrustworthy
institution. Many people have worked on the legal system for the
past twenty years - to improve them, to bring them to international
standards. The Constitution guarantees a just system. The laws exist,
but the application of the laws, the enforcement of the laws depends
on who the guilty person is or who is the presiding judge and what
relations he/she has with the authorities.
Many frivolous decisions have been taken by the courts - and there
are hundreds of cases to prove the point.
There was a time when the government insisted that if the salaries of
the judges were raised, then the situation will improve and the bribery
will be diminished and hopefully decisions will be taken according to
the Constitution and the law of the country. A few years ago, a judge
decided that the government was wrong and the citizen was right. What
happened? The same day the judge was dismissed from his post...
Over the years many legal minds, attorneys and judges from various
countries have visited Armenia to examine and improve the legal
system. Judges from California, even a United States Supreme Court
Justice has been in Armenia, and other countries have been working
on the system, but again, the enforcement of the laws according to
the Constitution have been very far from being just. The Armenian
Bar Association members of Los Angeles have done their part, they
have made suggestions, but again, there hasn't been any improvement
in the application of the law and justice. People argue, that it is
a new country and it takes time.
The issue is the even application of the law which unfortunately
is not justly practiced in Armenia. There are many countries where
the law is not justly enforced, but is that a reason to give a
quick verdict in one day, without giving the chance to the "victim"
to appeal. Hundreds of cases have been recorded during the past few
years, and particularly involving Armenians from the Diaspora
World Bank's managing director Ngozi Okonjo-Iweala in 2009 warned that
the Armenian government should remove the "oligopolistic" structure of
the national economy, bolster the rule of law and show "zero tolerance"
towards corruption. Apparently the statement fell on deaf ears.
Armenia's Minister of Justice Hrayr Tovmasyan told PACE's co-rapporteur
Lord John Prescott in Yerevan that survey results indicate that still
80% pf the population have distrust towards Armenia's judicial power
and system.
Now, Armenia's Justice Ministry signed an agreement in March of 2012
with Southwestern Law of Los Angeles and the Armenian Bar Association
to start a program and send American lawyers and experts to Armenia
to improve the legal system. Definitely it is a good sign, it is
another attempt and hopefully it will make a dent in the application
of the law. I hope this time will not be wasted and there will be
some improvements in the enforcement and application of the law. We
will see and hope that there will be positive results.
From: A. Papazian
hetq
22:09, March 29, 2012
By Prof. Osheen Keshishian
The legal system in Armenia probably is the most untrustworthy
institution. Many people have worked on the legal system for the
past twenty years - to improve them, to bring them to international
standards. The Constitution guarantees a just system. The laws exist,
but the application of the laws, the enforcement of the laws depends
on who the guilty person is or who is the presiding judge and what
relations he/she has with the authorities.
Many frivolous decisions have been taken by the courts - and there
are hundreds of cases to prove the point.
There was a time when the government insisted that if the salaries of
the judges were raised, then the situation will improve and the bribery
will be diminished and hopefully decisions will be taken according to
the Constitution and the law of the country. A few years ago, a judge
decided that the government was wrong and the citizen was right. What
happened? The same day the judge was dismissed from his post...
Over the years many legal minds, attorneys and judges from various
countries have visited Armenia to examine and improve the legal
system. Judges from California, even a United States Supreme Court
Justice has been in Armenia, and other countries have been working
on the system, but again, the enforcement of the laws according to
the Constitution have been very far from being just. The Armenian
Bar Association members of Los Angeles have done their part, they
have made suggestions, but again, there hasn't been any improvement
in the application of the law and justice. People argue, that it is
a new country and it takes time.
The issue is the even application of the law which unfortunately
is not justly practiced in Armenia. There are many countries where
the law is not justly enforced, but is that a reason to give a
quick verdict in one day, without giving the chance to the "victim"
to appeal. Hundreds of cases have been recorded during the past few
years, and particularly involving Armenians from the Diaspora
World Bank's managing director Ngozi Okonjo-Iweala in 2009 warned that
the Armenian government should remove the "oligopolistic" structure of
the national economy, bolster the rule of law and show "zero tolerance"
towards corruption. Apparently the statement fell on deaf ears.
Armenia's Minister of Justice Hrayr Tovmasyan told PACE's co-rapporteur
Lord John Prescott in Yerevan that survey results indicate that still
80% pf the population have distrust towards Armenia's judicial power
and system.
Now, Armenia's Justice Ministry signed an agreement in March of 2012
with Southwestern Law of Los Angeles and the Armenian Bar Association
to start a program and send American lawyers and experts to Armenia
to improve the legal system. Definitely it is a good sign, it is
another attempt and hopefully it will make a dent in the application
of the law. I hope this time will not be wasted and there will be
some improvements in the enforcement and application of the law. We
will see and hope that there will be positive results.
From: A. Papazian