Past: Armenian authorities 'in breach of social justice' amid plans to pursue political interests

11:22 • 11.12.19

Press digest

Below is an excerpt from the paper’s editorial:

The year 2019 remarkably stood out with the authorities’ total pressures against the judiciary. With checks and balances among the three branches of power (legislaitve, executive and judiciary) being a key principle in democratic countries, the former two appear to toughly intervene in the activities of the latter in Armenia in an effort to pave way for graft mechanisms in the justice sector (which has nothing to do with democracy).

And the judiciary, which had - to an extent - preserved its independence after the government change, appeared under target immediately .

Particlarly in May - after the courts passed decisions not quite pleasing their taste and political preferences - [Prime Minister Nikol] Pashinyan made a call upon the population to block the entrances and exits of absolutely all the courthouses to prevent judges, advocates and employees of courts from accessing the premises.

Pashinyan later moved to announce a plan for initiating a vetting in the justice sector.

But the executive's influences upon the judiciary were not restricted with that.

The Constitutional Court, as the highest body of constitutional justice, came under specific pressures.

What troubled the authorities was that the Constitutional Court is independent enough to exercise justice, complying only with the Constitution without any leverages to influence CC members (who enjoy protection under the Constitution).

This is why, the circles close to the authorities came to invent the story about the existing crisis at the Constitutional Court, [alleging] that the CC judges are not at all the representatives of the people, etc.

Menatime, the members - and especially the chairman - of the Constitutional – faced reprisals in very different forms, including even criminal cases. Their activity was discredited in public.

Those developments, however, did not skip the international community's attention. EPP President Joseph Daul and President of the Venice Commission Gianni Buquicchi considered the pressures against the judiciary unacceptable.

Bewaring of a tough international reaction, the authorities moved ahead with the bill proposing an early retirement scheme for members of the Constitutional Court (to enable those who were appointed as CC members before the entry into effect of Chapter 7 of the Constittuion - or continued officating after its effective date - to apply for early retirement).

That suggests that their right to early pension in an amount equivalent to their monthly salaries will be retained.

It thus turns out after their retirement ahead of time, the remuneration for the CC judges will be in place to enable them to receive unearned salaries, (a practice highly unacceptable for taxpayers and pensioners) Hence the authorities appear to be even in breach of the social justice principels in their efforts towards pushing ahead with their own interests.

What strikes atention is those expenses will amount to a total of AMD 630 million (above USD 1,300,000) should the seven judges simultaneously decide to hand in a resignation.

Provided however, that those judges accept the authorities' condition to resign ahead of time, they will notably have their reputation essentially damaged.

Armenian News - Tert.am