The Past (the fact) writes:
The new powers of Armenia have excluded the practice of illegally interfering with any of the branches of the government, namely the activities of judges. However, there are concerns about the positions of the judiciary. On the one hand, the courts are of course given freedom, but on the other hand there is a danger of permissiveness. Besides, do not we need mechanisms that, if they will not exclude, they will at least minimize the corruption in that area? President of the “Helsinki Association” human rights organization Nina Karapetyants does not worry that the situation can turn to permissiveness.
“As the judge must be guided only by laws, and where the law is lacking s/he must be guided by right. These are clear juridical categories. Though there is no issue of permissiveness, but there is another issue. I think our judges are not accustomed to working by themselves, especially in high-profile cases. Our entire judicial system and the courts do not realize that they have the right to make independent decisions. This is the problem that they cannot understand in the court for days, what the next step should be. I am convinced that this is the issue that is regularly being postponed, both in the case of “Sasna Tsrer” and other such high-profile court trials,” the human rights defender said in her conversation with the Past.
She emphasized that today judges are moving forward by inertia. “They are concerned that the former authorities maycome back and they may find themselves in a very bad situation. Now, in fact, we have already had a partial change of power and they have to do what they are obliged to do by law. After all, they will understand that they have to work only by law, and who will not understand that, they will have to leave under the public pressure, which does not mean at all any pursuits or revenge. One, who cannot understand his function and role in the society, cannot work as a judge”. As for the corruption in the system, Nina Karapetyants mentioned: “The law enforcement bodies need to do clear actions, whether the National Security Service or the Special Investigation Service. I believe they possess the information on who, when, how and what kind of illegal actions have done. In case of legal pursuit against only one, two or maximum ten judges, others will understand whether they should leave the system as they do not comply with the requirements of today's Armenia or will get smarter and work in accordance with the laws. And in case the special services do not have that information, it is very bad, though, I am sure they have it. Those who have not previously used the information should be subjected to liability. Various rumors are circulated in the society, but unfortunately no one will come and say that s/he applied to a certain person with a particular question and gave a certain amount of money as both of them will be punished in that case. I am sure they have the information to be able to easily use in order to put the judiciary and representatives of the field on the right track,” she said. According to her, in this case the liability should not be just in the form of financial compensation, as it is in the economic sphere, where there are still no facts of criminal liability for non-payment of taxes. “I find that justice is not the sphere where one can solve a problem with money and remain unpunished.”
The human rights defender is sure that today there exist all resources needed to clear out the system, but it is simply a matter of time. “As of today, as people say, the courts are “confused” and are moving forward by inertia. If they may not acknowledge their exceptional role, they will have to leave. At present, the current situation of this field is painfully excepted by the society as we have political prisoners the problem concerning who should be solved as soon as possible. All the tension is conditioned by the issue of the political prisoners. The prosecutor's office and the courts are trying to resist, perhapsconcerned not being punished later, but all these issues will ultimately be resolved,” concluded our interviewee.
To be continued in today’s issue of the Past.
The full interview in Armenian is found at https://past.am/?p=193703&l=am.
Karen Khachatryan, who had been accused in supporting the “Sasna Tsrer” group, was released on bail for pledge of 800.000 AMD. The Court of General Jurisdiction of Yerevan satisfied the motion filed by his defense lawyer Arayik Papikyan at a closed-door session. The Special Investigation Service had applied to the court asking them to prolong the duration of the preventive measure for Karen Khachatryan, arrested on April 8, for another two months.
Karen Khachatryan was accused in having a telephone conversation with two of the “Sasna Tsrer” group members during which he provided them with some advice. Meanwhile, according to his defense lawyer Arayik Papikyan, the accusation made, as well as the circumstances of the case are spurious and they do not correspond to reality.
The lawsuit filed by Vahe Grigoryan against the decision of the Chamber of Advocates continued today at the Kentron Court of General Jurisdiction of Yerevan. Advocate Vahe Grigoryan demanded the court to invalidate the decisions of the chairman and the Board of the Chamber. The story started after an article had published at the Facebook by advocate Tigran Atanesyan, which was followed with a comment by plaintiff Vahe Grigoryan.
“It seems to me that you [addressing to Mr. T. Atanesyan] should give lessons on “How the Chamber of Advocates and people who represent it should not be" at the School of Advocates and, as educational materials, distribute to the attendees those letters you have received related to the cases and got based on the applications. And the author who has written the paragraph preceding part two of this letter, who thought of writing such a response to the advocate, in my opinion, suffers from a hypothetical illness, a disease that has sharply slowed down or completely stopped the person's intellectual development as a result of certain hormonal deficiencies. Therefore, I will not use hurtful words on his address, understanding that it is a result of physical dysfunction”, the comment read.
The representative of the respondent, Gevorg Mkrtchyan mentioned that the plaintiff did not litigate any facts in the court, but he merely raises a legal issue.
Plaintiff Vahe Grigoryan and his representative Mushegh Shushanyan did not attend today's case hearing.
Judge Ruben Vardazaryan considered the case as to be prepared for the trial. The trial will take place on June 20, at 10.30.
Mushegh Shushanyan, an advocate in the criminal case of the “Sasna Tsrer”, received the next notice of warning.
The grounds for that was Artush Gabrielyan, the judge of the Court of General Jurisdiction of the Erebuni and Nubarashen administrative districts, had filed a motion on subjecting Mushegh Shushanyan to disciplinary sanction. On 14 September, 2017, the court decided to subject Mushegh Shushanyan to sanction, as he had refused to be examined before to enter the court building for his attendance in the trial.
The Board of the Chamber of Advocates made a decision to quash disciplinary proceeding N17132 against 12 advocates in the criminal case of the “Sasna Tsrer”. They were Nina Karapetyants, David Gyurjyan, Lusine Sahakyan, Ara Gharagyozyan, Yervand Varosyan, Hrant Gevorgyan, Arayik Papikyan, Inessa Petrosyan, Ara Zakaryan, Mushegh Shushanyan, Harutyun Baghdasaryan and Tigran Hayrapetyan.
Artush Gabrielyan, the judge of the Court of General Jurisdiction of Erebuni and Nubarashen Administrative Districts filed a motion on a disciplinary sanction against the advocates. He noted that on September 20, 2017, the advocates left the courtroom without the prior permission of the presiding judge.
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