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PRELIMINARY INVESTIGATION MALIGNANT TUMOR IN ARMENIA'S JUDICIAL SYSTEM - EX-JUDGE
21:58 ~U 30.10.13
In an interview with Tert.am, former judge Pargev Ohanyan shared his
opinion of Armenia's judicial system, expected reforms in the system
in the case of Armenia's accession to the Customs Union or European
Union (EU).
Mr Ohanyan, who is famous for his refusal to sentence a citizen on
trumped up charges, stressed that Armenia's preliminary investigation
system is a great evil and a gross violation of the European Convention
on Human Rights.
Mr Ohanyan, what changes in Armenia's judicial system can be expected
if Armenia joins the Customs Union?
What can change? This union is like the one called the USSR. Of
course they are different in many aspects, but the union is the
result of transformation. The judicial systems are identical, with
all the deficiencies both in Russia and in Belarus. I have lately
often addressed the preliminary investigation system, which does not
exist in any civilized state.
Would Armenia's accession to the Customs Union prevent further
complaints to the European Court of Human Rights (ECtHR)?
I do not see any link. I do not think the Customs Union may play an
essential role in the development or failure of the judicial system.
We remain a CE member-state, and the ECHR is for all the Customs Union
member-states. Even if we join the EU - I am not optimistic about it -
I do not account for the poor situation in Armenia's judicial system
by this factor. We ourselves are to blame. We ourselves must reform
and then reform our laws, after which we can progress as a Customs
Union member or as something else.
Do you think the recent penalties have made judges review their style
of work?
I find it difficult to answer your question because I have not worked
as a judge for seven years. But we should not judge the judges or
anyone at all. We should look for the cause in the system itself. In
the USSR judges were dependent on district committees of the Communist
Party, and now they are dependent on the presidential residence -
Even within the system they are not independent. Independence is not
a mere word, it must be clearly seen. That is, a judge must not fear
about his verdicts.
What do you think of the recently increased number of arrests as
judicial restraint?
I know the new concept does not envisage any essential changes. This
is one of the acutest problems in this country and has to do with
my concern over a body enforcing mob law, that is, the preliminary
investigation body. Arrest is an exceptional measure of restraint,
which, however, is not applied in exceptional cases. It is common
knowledge that, in defiance of the principle of presumption of
innocence, a person is charged with an offence and arrested.
What's your opinion of the preliminary investigation body under former
prosecutor general Aghvan Hovsepyan?
Such a body is a great evil and a gross violation of Article 5 of the
European Convention on Human Rights. There must not be preliminary
investigation. It is a malignant tumor that must be removed from the
judicial system.
With respect to Aghvan Hovsepyan's work, I have positive expectations.
He is experienced in this work, and I think he will be able to form an
efficient body. But it will, in fact, be an evil because the stronger
this body is the weaker is the court.
http://www.tert.am/en/news/2013/10/30/pargecv-ohanyan/
21:58 ~U 30.10.13
In an interview with Tert.am, former judge Pargev Ohanyan shared his
opinion of Armenia's judicial system, expected reforms in the system
in the case of Armenia's accession to the Customs Union or European
Union (EU).
Mr Ohanyan, who is famous for his refusal to sentence a citizen on
trumped up charges, stressed that Armenia's preliminary investigation
system is a great evil and a gross violation of the European Convention
on Human Rights.
Mr Ohanyan, what changes in Armenia's judicial system can be expected
if Armenia joins the Customs Union?
What can change? This union is like the one called the USSR. Of
course they are different in many aspects, but the union is the
result of transformation. The judicial systems are identical, with
all the deficiencies both in Russia and in Belarus. I have lately
often addressed the preliminary investigation system, which does not
exist in any civilized state.
Would Armenia's accession to the Customs Union prevent further
complaints to the European Court of Human Rights (ECtHR)?
I do not see any link. I do not think the Customs Union may play an
essential role in the development or failure of the judicial system.
We remain a CE member-state, and the ECHR is for all the Customs Union
member-states. Even if we join the EU - I am not optimistic about it -
I do not account for the poor situation in Armenia's judicial system
by this factor. We ourselves are to blame. We ourselves must reform
and then reform our laws, after which we can progress as a Customs
Union member or as something else.
Do you think the recent penalties have made judges review their style
of work?
I find it difficult to answer your question because I have not worked
as a judge for seven years. But we should not judge the judges or
anyone at all. We should look for the cause in the system itself. In
the USSR judges were dependent on district committees of the Communist
Party, and now they are dependent on the presidential residence -
Even within the system they are not independent. Independence is not
a mere word, it must be clearly seen. That is, a judge must not fear
about his verdicts.
What do you think of the recently increased number of arrests as
judicial restraint?
I know the new concept does not envisage any essential changes. This
is one of the acutest problems in this country and has to do with
my concern over a body enforcing mob law, that is, the preliminary
investigation body. Arrest is an exceptional measure of restraint,
which, however, is not applied in exceptional cases. It is common
knowledge that, in defiance of the principle of presumption of
innocence, a person is charged with an offence and arrested.
What's your opinion of the preliminary investigation body under former
prosecutor general Aghvan Hovsepyan?
Such a body is a great evil and a gross violation of Article 5 of the
European Convention on Human Rights. There must not be preliminary
investigation. It is a malignant tumor that must be removed from the
judicial system.
With respect to Aghvan Hovsepyan's work, I have positive expectations.
He is experienced in this work, and I think he will be able to form an
efficient body. But it will, in fact, be an evil because the stronger
this body is the weaker is the court.
http://www.tert.am/en/news/2013/10/30/pargecv-ohanyan/