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Lawyers plan two-day strike in protest against Court of Cassation's
`arbitrariness'
Human rights | 07.06.13 | 10:08
Photolure
By Gohar Abrahamyan
ArmeniaNow reporter
More than 150 lawyers in Armenia plan two days of strikes in the
coming week to draw the attention of all branches of power as well as
civil society to what they describe as `unacceptable behavior' of the
Court of Cassation.
The lawyers say the reason for their protests is that in accepting or
not accepting a case for review the Court of Cassation does not
provide explanations for its decisions.
During the strikes planned on June 10 and 11 lawyers will not
participate in court hearings and other judicial procedures.
`Double standards continue to be applied in the court system -
judicial acts issued by different judicial instances are often in
conflict with each other, and cassation complaints filed against them
are routinely returned without any reason provided or with a
meaningless template explanation. As a result, judicial acts
contradicting each other are issued on cases with similar evidential
circumstances, which undermines the principle of legal certainty that
underlies a rule-of-law state,' a group of 46 lawyers said in a
statement.
Lawyers began their protests over the matter still in 2011 when about
200 of them organized a protest near the Court of Cassation. The
occasion for that protest was the termination of the powers of one of
the judges following a Court of Cassation request. At that time, the
lawyers said that justice in Armenia was distorted and that in making
decisions judges were constrained by the Court of Cassation.
In 2012, more than a hundred lawyers did not work on June 11, thus
expressing their protest against the `double standards' and
`arbitrariness' of the Court of Cassation, but they say no positive
changes followed after last year's action.
Member of the Chamber of Advocates Samvel Jaghinyan said at a press
conference on Thursday that failure to record court sessions is also a
major problem in the system.
`Searches, operative-investigative court sessions are not recorded
deliberately. I have raised this issue for about a year, but no
solution has been provided,' said the lawyer.
Another Chamber of Advocates member, Hayk Alumyan, described the
situation in Armenia's judicial system as perplexing, as the Court of
Cassation can make decisions that contradict previous ones.
`The problem is also of concern to our clients because they do not
understand why the Court of Cassation leaves their complaints
unanswered and without review while the European Court of Human Rights
does accepts them and rules in favor of the complainant,' said
Aloumyan.
Meanwhile, according to chief of the Judicial Department's
International and Public Relations Division Arsen Babayan, by going on
strike lawyers won't help solve their clients' problems.
`There is a possibility for appeal and if Armenian judicial instances
do not solve the problem, they can turn to the European Court of Human
Rights. In this case the lawyers' strike is the same as doctors going
on strike when there are patients who need treatment,' said Babayan.
Jurist Ara Ghazaryan thinks that lawyers had better concentrate on
their cases at lower courts.
`Applying to the Court of Cassation should be an option for lawyers,
but this is a special court. Meanwhile, lawyers should primarily
concentrate on their cases at the first-instance court or at appeals
courts without letting the matter reach the Court of Cassation,' he
explained.
http://armenianow.com/society/human_rights/46696/armenia_lawyers_strike_courts
From: Emil Lazarian | Ararat NewsPress
`arbitrariness'
Human rights | 07.06.13 | 10:08
Photolure
By Gohar Abrahamyan
ArmeniaNow reporter
More than 150 lawyers in Armenia plan two days of strikes in the
coming week to draw the attention of all branches of power as well as
civil society to what they describe as `unacceptable behavior' of the
Court of Cassation.
The lawyers say the reason for their protests is that in accepting or
not accepting a case for review the Court of Cassation does not
provide explanations for its decisions.
During the strikes planned on June 10 and 11 lawyers will not
participate in court hearings and other judicial procedures.
`Double standards continue to be applied in the court system -
judicial acts issued by different judicial instances are often in
conflict with each other, and cassation complaints filed against them
are routinely returned without any reason provided or with a
meaningless template explanation. As a result, judicial acts
contradicting each other are issued on cases with similar evidential
circumstances, which undermines the principle of legal certainty that
underlies a rule-of-law state,' a group of 46 lawyers said in a
statement.
Lawyers began their protests over the matter still in 2011 when about
200 of them organized a protest near the Court of Cassation. The
occasion for that protest was the termination of the powers of one of
the judges following a Court of Cassation request. At that time, the
lawyers said that justice in Armenia was distorted and that in making
decisions judges were constrained by the Court of Cassation.
In 2012, more than a hundred lawyers did not work on June 11, thus
expressing their protest against the `double standards' and
`arbitrariness' of the Court of Cassation, but they say no positive
changes followed after last year's action.
Member of the Chamber of Advocates Samvel Jaghinyan said at a press
conference on Thursday that failure to record court sessions is also a
major problem in the system.
`Searches, operative-investigative court sessions are not recorded
deliberately. I have raised this issue for about a year, but no
solution has been provided,' said the lawyer.
Another Chamber of Advocates member, Hayk Alumyan, described the
situation in Armenia's judicial system as perplexing, as the Court of
Cassation can make decisions that contradict previous ones.
`The problem is also of concern to our clients because they do not
understand why the Court of Cassation leaves their complaints
unanswered and without review while the European Court of Human Rights
does accepts them and rules in favor of the complainant,' said
Aloumyan.
Meanwhile, according to chief of the Judicial Department's
International and Public Relations Division Arsen Babayan, by going on
strike lawyers won't help solve their clients' problems.
`There is a possibility for appeal and if Armenian judicial instances
do not solve the problem, they can turn to the European Court of Human
Rights. In this case the lawyers' strike is the same as doctors going
on strike when there are patients who need treatment,' said Babayan.
Jurist Ara Ghazaryan thinks that lawyers had better concentrate on
their cases at lower courts.
`Applying to the Court of Cassation should be an option for lawyers,
but this is a special court. Meanwhile, lawyers should primarily
concentrate on their cases at the first-instance court or at appeals
courts without letting the matter reach the Court of Cassation,' he
explained.
http://armenianow.com/society/human_rights/46696/armenia_lawyers_strike_courts
From: Emil Lazarian | Ararat NewsPress