Currently Armenia Has No Independent And Free Juridical System

CURRENTLY ARMENIA HAS NO INDEPENDENT AND FREE JURIDICAL SYSTEM
Mikhail Balayan

/PanARMENIAN.Net/
26.12.2009 GMT+04:00

Home policy review for December 21-28, 2009

The whole week, major political forces of Armenia have been summing up
their activity in 2009. Another important event in the passing week
was the statement of the PACE Monitoring Committee co-rapporteurs on
the conclusions of the ad-hoc parliamentary commission studying the
events of March 1, 2008. Among the significant events of the week was
also the RA National Assembly Chairman’s statement on the timing of
ratification of the Armenian-Turkish Protocols by the Parliament.

/PanARMENIAN.Net/ The year of 2009 was a year of conquering the
political crisis in Armenia that occurred in the country after the
events of March 1, 2008. This view was expressed by Naira Zohrabyan,
member of the party "Prosperous Armenia" that forms part of the
coalition government. She noted that "Joint efforts of coalition
and opposition forces enabled Armenian authorities to overcome the
political crisis" and optimistically declared that "Armenia can
achieve political and economic stability in 2010." Naira Zohrabyan
also positively assessed the Armenian-Turkish rapprochement and noted
that the settlement of the Karabakh conflict has moved to a new stage.

Not so optimistic about the prospects for Karabakh conflict settlement
is the National Neoconservative Movement which believes that Turkey
uses the method of blackmail to resolve the Karabakh issue in favor of
Azerbaijan. Sending an open letter to the Armenian and Nagorno-Karabakh
Republic Presidents and the Foreign Ministers of both countries,
the Student Union of the National Neoconservative Movement, Student
Union "Nikol Aghbalyan" of the ARF Dashnaktsutyun and Student-Youth
Union "Hayk" of the Heritage Party demanded that the authorities
of Armenia and the Nagorno-Karabakh Republic carry out active work
towards populating the liberated territories of Artsakh, by creating
infra-structures, economic development potentials and tax subsidies
for local residents.

Traditionally criticizing the authorities on the Armenian-Turkish
rapprochement, the ARF Dashnaktsutyun reiterated that Armenia
has become hostage to the Turkish model of normalization of
Armenian-Turkish relations. ARFD realizes that in a certain way
Yerevan has strengthened its position in the negotiations.

Nevertheless, ARF continues to believe that if ratified in the current
form, the Protocol would be beneficial only to Turkey.

The ARFD also assessed the work done by the parliamentary ad-hoc
commission studying the events of March 1-2, calling it effective.

"The Committee’s provided a balanced conclusion to serve as a further
step towards positive reforms. However, at the same time March events
can’t be considered a turned page until all proposals of the committee
are implemented," declared ARF Dashnaktsutyun parliamentary group
leader Vahan Hovhannisyan.

Tuesday, December 22, another political party, the "Heritage" summed
up its activity of the passing year. Secretary Larisa Alaverdyan
declared that the party had stayed true to its principles. She
especially noted party’s activity aimed at international recognition
of Karabakh. The press secretary also highly appreciated her party’s
firm stance on the Armenian-Turkish Protocols. She noted that the party
has consistently opposed the signing of the Protocols, stressing that
"Heritage" would continue its activity in this direction even if the
Protocols were ratified.

Referring to the events of March 1-2, 2008, Alaverdyan criticized some
representatives of the Republican Party of Armenia, who consider that
the March 1page is already turned. "Heritage" will consider the case
imminent until the murderers are found and convicted.

The year was also summed up by rarely speaking at press conferences
National Security Council Secretary Artur Bagdasaryan, who positively
assessed the NSC activity for 2009, noting that during the year,
the 2009-2012 program on combating drug addiction and illegal
drug circulation in Armenia, as well as religious security issues,
construction of Iran-Armenia railway and North-West highway were
discussed, approved and later signed by the RA President. "Special
attention was paid to the constriction of a new nuclear energy unit
that is of strategic importance," noted the NSC secretary. With
regard to foreign security issues, Mr. Baghdasaryan stressed the
importance of the on-going process of developing Armenia-Iran and
Armenia-Turkey relations, the decision on creating CSTO Collective
Rapid Reaction Forces, as well as Armenia-CSTO, Armenia-NATO and
Armenia-EU cooperation programs.

On Wednesday, the Armenian National Congress blamed the ARF
Dashnaktsutyun for collusion with the authorities on the ratification
of the Armenian-Turkish Protocols. ANC came to this conclusion based
on the information that representatives of the ARF Armen Rustamyan,
Hrant Margaryan and Vahan Hovhannisyan met with Chairman of the
Constitutional Court of Armenia Gagik Harutyunyan.

The Armenian National Congress also referred to the events of March
1-2, 2008, accusing the ad-hoc parliamentary commission of distorting
facts. The Congress again proposed that independent experts from abroad
join the fact-finding process, which would make the commission’s work
more open and fair.

On the request of PanARMENIAN.Net, commenting on the statement made
by the PACE Monitoring Committee co-rapporteurs on the conclusions
of the ad-hoc parliamentary commission studying the events of March,
NA Vice-Speaker Samvel Nikoyan stressed that the commission primarily
works for the Armenian people and not for PACE members.

On Wednesday, political scientist Alexander Markarov expressed
the opinion that Armenian opposition suffers new losses against
the background of the authorities’ consolidation. "Following the
2008 political developments in Armenia, authorities have adopted a
consolidation policy, while the opposition has been giving up active
struggle," Markarov believes. "We shouldn’t be expecting any serious
activity of the opposition as so far pro-opposition forces have formed
coalition against rather than in favor of something," Markarov said.

Thursday, December 24, Armenian Parliamentary Speaker Hovik Abrahamyan
made a statement stressing that the RA NA would not discuss the
protocols on normalization of relations with Turkey until they were
ratified by Turkish Parliament. "Armenian National Assembly will
not discuss this issue until the Turkish parliament ratifies the
Protocols," the Speaker declared at a press conference in Yerevan.

Abrahamian also clearly commented on the statements made by the
Minister of Foreign Affairs of Turkey, Ahmet Davutoglu about
the relationship between the Nagorno-Karabakh conflict and the
normalization of Armenian-Turkish relations. "Attempts to link
the Karabakh conflict settlement process to the normalization of
Armenian-Turkish relations are ungrounded and unacceptable. My attitude
towards any such statement is negative, since at the beginning of
negotiations Armenia and Turkey agreed to normalize relations without
preconditions," Abrahamyan stressed.

Referring to the work of Parliament, the Speaker presented some
figures, which in his view, evaluate the work of the RA National
Assembly as positive. According to Hovik Abrahamyan, during his
presidency, Parliament adopted 327 laws, received and responded to
5562 letters from Armenian citizens. He highlighted the importance
of raising the political power and authority both among the public
and in public administration.

At the end of the week Ombudsman Armen Harutyunyan assessed PACE
rapporteurs Prescott and Columbier’s statement, posted on the official
website of PACE. He expressed surprise at the aroused excitement,
saying, in his view, the publication was not a "discovery". He also
addressed the opposition and the Armenian authorities with the request
not to talk about "closing or opening the page of 1 March 2008". This
approach is unacceptable, according to him.

The Ombudsman also gave a negative assessment to the juridical system
in Armenia and declared that based on the research it can be concluded
that the right to fair legal procedure is not guaranteed in Armenia.

"My observations have shown that if the initiated criminal cases
reached Strasbourg, we would fail in 90% of them," Harutyunyan said.

"Despite the fact that positive developments have been observed in
this direction in 2009, currently Armenia has no independent and free
juridical system," declared the Ombudsman.