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ECTHR RULINGS VS. ARMENIA RAISE NO CONCERNS - SENIOR LAWMAKER'S OPINION MEETS LAWYER'S CRITICISM
17:51 ~U 04.07.13
The head of the Armenian National Assembly's Standing Committee on
State Legal Affairs says he doesn't agree to the allegations that
the European Court of Human Rights (ECtHR) issues most of its rulings
against the Republic of Armenia.
Speaking to Tert.am, David Harutyunyan explained that the issue
should not be a major concern for the country in the light of the
general statistics.
"Consider the fact that rulings are normally adopted in relation to
all the 47 member states. So if you have a look at the statistics,
you will see that Armenia is not absolutely in a position to make the
issue a priority," he said. "Forty-seven countries are represented in
the ECtHR, so it is necessary to make comparisons with other states
before answering a question."
The Armenian parliamentarian refrained from using phrases like
"winning" or "losing" a case to refer to the ECtHR rulings. "Defeat,
as a matter of fact, offers advantages to the human rights situation
in Armenia," he noted.
Speaking of the authorities' possible influence upon the judiciary,
Harutyunyan said that such an influence is inevitable in any country
around the world. The problem, according to him, are the checks and
balance mechanisms and the right demarcation between the two concepts.
"Such attempts are made in almost all the countries, and the balance
in those countries is protected by the legislative authorities, the
bodies exercising constitutional justice or the judiciary," he added.
In further comments to Tert.am, Lusine Sahakyan, a lawyer dealing with
the ECtHR cases vs. Armenia, expressed disagreement to Harutyunyan's
remark that the Court's rulings against Armenia give no grounds
for concern. "I cannot agree with him, because Armenia is often in
breach of such rights whose violation is likely, from the outset,
to be recognized by the Court," she said.
Referring to a statistics unveiled earlier by Alvina Gyulumyan, a
collegue at the ECtHR, Sahakyan noted that Armenia loses most cases
unlike the European countries which have 90% of claims rejected.
"I can speak of the cases which I have represented personally. We
have notifications on most; others are pending notification. I am sure
the rulings in those cases will be against the Republic of Armenia,"
she said.
The lawyer added that the rulings against Armenia have so far found
violations of Articles 3 and 5 of the European Convention on Human
Rights ( torture or inhuman or degrading treatment or punishment,
and liberty and security of a person). "Besides, there are many cases
concerning the March 1 [2008 post-election turmoil], which contain
violations of the right to free speech and freedom of assembly,"
she noted.
Armenian News - Tert.am
17:51 ~U 04.07.13
The head of the Armenian National Assembly's Standing Committee on
State Legal Affairs says he doesn't agree to the allegations that
the European Court of Human Rights (ECtHR) issues most of its rulings
against the Republic of Armenia.
Speaking to Tert.am, David Harutyunyan explained that the issue
should not be a major concern for the country in the light of the
general statistics.
"Consider the fact that rulings are normally adopted in relation to
all the 47 member states. So if you have a look at the statistics,
you will see that Armenia is not absolutely in a position to make the
issue a priority," he said. "Forty-seven countries are represented in
the ECtHR, so it is necessary to make comparisons with other states
before answering a question."
The Armenian parliamentarian refrained from using phrases like
"winning" or "losing" a case to refer to the ECtHR rulings. "Defeat,
as a matter of fact, offers advantages to the human rights situation
in Armenia," he noted.
Speaking of the authorities' possible influence upon the judiciary,
Harutyunyan said that such an influence is inevitable in any country
around the world. The problem, according to him, are the checks and
balance mechanisms and the right demarcation between the two concepts.
"Such attempts are made in almost all the countries, and the balance
in those countries is protected by the legislative authorities, the
bodies exercising constitutional justice or the judiciary," he added.
In further comments to Tert.am, Lusine Sahakyan, a lawyer dealing with
the ECtHR cases vs. Armenia, expressed disagreement to Harutyunyan's
remark that the Court's rulings against Armenia give no grounds
for concern. "I cannot agree with him, because Armenia is often in
breach of such rights whose violation is likely, from the outset,
to be recognized by the Court," she said.
Referring to a statistics unveiled earlier by Alvina Gyulumyan, a
collegue at the ECtHR, Sahakyan noted that Armenia loses most cases
unlike the European countries which have 90% of claims rejected.
"I can speak of the cases which I have represented personally. We
have notifications on most; others are pending notification. I am sure
the rulings in those cases will be against the Republic of Armenia,"
she said.
The lawyer added that the rulings against Armenia have so far found
violations of Articles 3 and 5 of the European Convention on Human
Rights ( torture or inhuman or degrading treatment or punishment,
and liberty and security of a person). "Besides, there are many cases
concerning the March 1 [2008 post-election turmoil], which contain
violations of the right to free speech and freedom of assembly,"
she noted.
Armenian News - Tert.am