Struggle For Judicial System

STRUGGLE FOR JUDICIAL SYSTEM
Hakob Badalyan

Lragir.am
03 July 06

Every step, every breath in and out testify to the increasing gap in
the layer of ozone of the government. Naturally, it causes sudden
temperature changes inside the government, and sudden changes in
temperature can make everyone unpredictable. Therefore, the different
branches of power had better be careful with one another and not rely
on others, for there are serious reasons to be cautious. Recently,
especially over the past few weeks, threats have been heard inside
the government. For instance, we had not seen the Attorney General
threaten the Ministry of Justice so openly before. We saw what we
had not seen before. Celebrating the day of the procuracy on July 1,
Aghvan Hovsepyan announced that the procuracy needs reforms and does
not stick to the idea of keeping extra levers but the procuracy will
not tolerate dominance of interest groups, stated Aghvan Hovsepyan.

It was strange to hear such a categorical and threatening expression
from a humanist, who thinks about nation. But one starts thinking about
the nation as soon as one does not have to think about themselves,
but when one’s own fate is on the table, there is no time to think
about the nation and unity. And the reform in the judicial system is,
in fact, struggle for fate. The legislative package of the reform is
being worked out by the Ministry of Justice.

It provides for cutting the powers of the Procuracy, essential powers,
such as investigation. This power will be delegated to the Ministry of
Justice. In fact, Aghvan Hovsepyan definitely addressed the hint at
interest groups and threats of intolerance to Davit Harutiunyan. It
is not excluded that both used to dance in the same round dance, but
now both are worried about their prospects. Both public officials,
who do not hide their political aspirations, are likely to multiply
their levers before the election, especially that one will not let
the other grow at their expense. Moreover, the game is apparently
wider than just the Procuracy-Ministry of Justice format.

And it means that people, who think that they deal with the
presidential aspirations of Aghvan Hovsepyan and Davit Harutiunyan,
are mistaken. Several weeks ago Prime Minister Andranik Margaryan
announced definitely and categorically that investigation will not
be delegated to the Ministry of Justice. Perhaps, it means that the
prime minister is not with Davit Harutiunyan, if we decline to say he
is with Aghvan Hovsepyan. However, being with one or the other is not
essential. It is essential that the redistribution of powers among
the law-enforcement agencies gives rise to serious controversies,
including involvement of top officials in the process.

It seems that the power pyramid must be more integrated with regard to
the law enforcement system because this system is the only reliable
instrument for the government, guaranteeing the reproduction of the
system. And if now a tense race between the systems of law enforcement
and justice is underway, the government forces may not be relying on
this system for reproduction. Perhaps, it is the contrary.

The danger of losing power makes everyone undertake changes inside the
judicial system to become invincible for this system, in other words,
to prevent the application of this system against them.

Consequently, there is danger that it will be applied. If they threaten
each other, they may take definite actions, considering that the
necessity, to all appearances, is gradually maturing. Someone will
be picking the harvest this fall. It is interesting to know who will
be packing their things.