STATEMENT

 The acting legislation contains a number of non-legitimate norms of interference and limitation of  professional activities of the advocate, and “supplementing” them with new restrictions implies a direct retreat in the field of human rights protection and violation of the commitments under international treaties.

Advocacy is also a way and a means of human rights activity. It should have a wide range of possibilities and maximum guarantees as well as the opportunity to act freely.

These rights are verified by a number of international legal documents, to which the Republic of Armenia is also a member. Instead of ensuring these rights, the Armenian authorities have initiated a restricting policy.

The United Nations “Basic Principles of the Role of Lawyers” (1990) sets out the following as guarantees for the functioning of lawyers:

“Governments shall ensure that lawyers:

• are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference;
• shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics, as well as threats of such persecution and sanctions.

Lawyers shall enjoy civil and penal immunity for relevant statements made in good faith in written or oral pleadings or in their professional appearances before a court, tribunal or other legal or administrative authority”.

The Helsinki Association considers the intention of the RA Ministry of Justice of restricting the activities of the advocate (the human rights defender) unacceptable and appeals:

to all competent authorities to withdraw from the circulation of the draft RA Judicial Code on fining the advocate;

to all interested organizations, structures and individuals to exert maximum efforts for preventing potential discussions or adoption of the draft law.

Helsinki Association Human Rights NGO:

Nina Karapetyants, President/Advocate;

Arayik Papikyan, Board Chairman/ Advocate

06.11.2017