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ARMENIA'S OMBDUSMAN REVEALS THE GOING RATE FOR A COURT RULING
10.2013 00:52 epress.am
Findings from a survey conducted by Armenia's Human Rights Defender's
Office indicate the existence of corruption in the judicial system.
The results are outlined in the "Mechanisms of Corruption" section
of the Ombudsman's annual report, which was presented in Yerevan today.
"A bribe is given to the judge of the court of first instance,
who assumes responsibility only for the ruling he hands down. For
every following instance, it is the briber himself who is obliged to
'harmonize' the outcome of the case - by sealing a new deal with
the judge or judges of that court. In another case, the judge asks
for a greater sum to keep the 'verdict'; that is, he guarantees that
his ruling won't be reversed in higher courts. This method assumes a
divvying up of funds among higher court judges," reads the report, in
part. According to the report, judicial bribe amounts are determined
based on 10% of the amount of the lawsuit or claim.
"Generally, according to the majority of respondents, bribe rates
fluctuate between $500 -$10,000 at the court of first instance;
$2,000-$15,000 at the Court of Appeal; and $10,000-$50,000 USD at
the Court of Cassation," reads the report.
However, according to the majority of respondents, there are no uniform
standards of determining bribe amounts, and there is an individual
approach to deciding the amount in each case. "The participant in
the case is immediately in contact with any member of the Court of
Cassation and then the case is directly under the control and orders
of the Court of Cassation member.
"He who has not achieved success in two courts, coming to an agreement
with the Court of Cassation, manages to get the judicial act quashed;
that is, he doesn't pay anything to the court of first instance or
the appeals court, and he 'addresses' his problem only at the Court
of Cassation," reads the Ombudsman's report.
The print version of the report was distributed to reporters at
Ombudsman Karen Andreasyan's press conference. Andreasyan begins
each chapter with an excerpt from legislation, laws, international
instruments, and even the Bible.
http://www.epress.am/en/2013/12/10/armenias-ombdusman-reveals-the-going-rate-for-a-court-ruling.html
10.2013 00:52 epress.am
Findings from a survey conducted by Armenia's Human Rights Defender's
Office indicate the existence of corruption in the judicial system.
The results are outlined in the "Mechanisms of Corruption" section
of the Ombudsman's annual report, which was presented in Yerevan today.
"A bribe is given to the judge of the court of first instance,
who assumes responsibility only for the ruling he hands down. For
every following instance, it is the briber himself who is obliged to
'harmonize' the outcome of the case - by sealing a new deal with
the judge or judges of that court. In another case, the judge asks
for a greater sum to keep the 'verdict'; that is, he guarantees that
his ruling won't be reversed in higher courts. This method assumes a
divvying up of funds among higher court judges," reads the report, in
part. According to the report, judicial bribe amounts are determined
based on 10% of the amount of the lawsuit or claim.
"Generally, according to the majority of respondents, bribe rates
fluctuate between $500 -$10,000 at the court of first instance;
$2,000-$15,000 at the Court of Appeal; and $10,000-$50,000 USD at
the Court of Cassation," reads the report.
However, according to the majority of respondents, there are no uniform
standards of determining bribe amounts, and there is an individual
approach to deciding the amount in each case. "The participant in
the case is immediately in contact with any member of the Court of
Cassation and then the case is directly under the control and orders
of the Court of Cassation member.
"He who has not achieved success in two courts, coming to an agreement
with the Court of Cassation, manages to get the judicial act quashed;
that is, he doesn't pay anything to the court of first instance or
the appeals court, and he 'addresses' his problem only at the Court
of Cassation," reads the Ombudsman's report.
The print version of the report was distributed to reporters at
Ombudsman Karen Andreasyan's press conference. Andreasyan begins
each chapter with an excerpt from legislation, laws, international
instruments, and even the Bible.
http://www.epress.am/en/2013/12/10/armenias-ombdusman-reveals-the-going-rate-for-a-court-ruling.html