Government statement could not have led to army chief’s dismissal – lawyer
The process initiated by the Government could not have served as grounds for relieving Colonel General Onik Gasparyan from his duties as the chief of the general staff of the Armed Foces of Armenia, a Yerevan-based defense lawyer said today, highlighting inconsistencies with the Constitution.
In an interview with Tert.am, Aram Vardevanyan cited Article 155 of the basic law, which he said “lays out procedures for appointing rather than dismissing” the top army commander.
“The dismissal procedure is not applicable to Onik Gasparyan, for example. For other servicemen, this procedures can be certainly visible, but not in the case of the chief of the General Headquarters. Therefore I don’t find that this process has any legal consequences at all,” he said.
He also highlighted Gasparyan’s status as a person enjoying special constitutional powers and thereby being restricted by the Constitution and the laws.
“Just imagine a judge record on a court ruling blank that the authority of the prime minister has been terminated, i.e. – just write that he has been dismissed from office by force of law. Will that have a legal consequence? I don’t see that the document posted on the governent website has any legal effect. Numerous documents of the kind can be published, but they must be in line with the Constitution and the laws. With no mechanism in place, I don’t think that Onik Gasparyan may have been dismissed,” he added.
Asked about the institution responsible for oversight, Vardevanyan said he believes that the miltiary should be under civilian control “to abide by the Constitution and the laws, allowing Gasparyan to continue serving in his office”.
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