Armenian Judicial Reform Unveiled
Radio Liberty, Czech Republic
July 25, 2006
By Anna Saghabalian
Justice Minister David Harutiunian outlined on Tuesday an impending
reform of Armenia’s judicial and law-enforcement systems which he
said is aimed at making them more independent and less corrupt.
Harutiunian presented a package of relevant legislative amendments
that have been drafted by an ad hoc working group headed by him. The
group was tasked by the government with proposing changes stemming
from the recent reform of the Armenian constitution.
The most controversial and significant of its proposals would
strip Armenia’s Office of the Prosecutor-General of its sweeping
investigative powers and pass them on to the Police Service and the
National Security Service. According to reports in the Armenian press,
Prosecutor-General Aghvan Hovsepian and other top prosecutors have
fiercely resisted the proposed change, fearing that their agency
would become far less powerful as a result.
The disagreement reportedly prompted President Robert Kocharian to
call a special meeting on the issue of top Justice Ministry officials
and prosecutors last May. Kocharian appears to have eventually sided
with Harutiunian. The latter insisted that only the Armenian police
and the former KGB will have the power to conduct pre-trial criminal
investigations.
Harutiunian also unveiled a new draft Judicial Code that envisages
structural changes in the Armenian judiciary. The code calls in
particular for the introduction of new "courts of magistrates" that
will deal only with civil lawsuits and minor criminal offences. The
other Armenian courts of first instance will deal with more serious
crimes such as murders and armed robberies.
The proposed legislation would also curtail the powers of the Armenian
Court of Appeals. It would be able to accept appeals only in the event
of "judicial mistakes" committed by lower courts or "new circumstances"
emerging after original litigations.
According to Harutiunian, these changes will render Armenia’s courts
more independent and objective. "This is essential for the country’s
continued development," he told reporters. "Without solving this
issue we won’t have the kind of development which we deserve."
The Armenian judiciary had already undergone a sweeping structural
reform more than a decade ago but hardly became more independent as
a result. Local courts rarely acquit criminal suspects, investigate
widespread torture allegations and hand down rulings going against
the government’s wishes. Corruption among Armenian judges is also a
serious problem.
Harutiunian, who has plaid a key role in the selection and appointment
of judges, himself has been accused of exercising considerable
influence on their decisions. He admitted on Tuesday that many judges
"very often abuse their powers." "We are out to conclude that the
situation is not good and that effective measures are need to rectify
this situation," he said.
Some of the recently enacted amendments to the Armenian constitution
are supposed to boost judicial independence by seriously curbing
President Robert Kocharian’s hitherto unrestricted powers to appoint
and sack judges. But independent lawyers say it will take years before
the amendments can make a difference.
From: Emil Lazarian | Ararat NewsPress
