ArmInfo. Ara Zohrabyan, Chairman of the Chamber of Advocates of Armenia, made several recommendations to the Prime Minister of Armenia, Nikol Pashian, who intends to implement "transitional justice".
So, Zohrabyan wrote on his Facebook page that if the executive branch tries to lead Armenia along the way of "transitional justice", it should take into account, at least, the following: "First, according to Article 1 of the RA Constitution - the Republic of Armenia is Therefore, in Armenia, the rule of law is recognized in relation to state power. Secondly, according to Article 3 of the RA Constitution, public power is limited to the fundamental rights and freedoms of a person and a citizen as a direct Thirdly, according to Article 4 of the Constitution of the Republic of Armenia, state power is exercised in accordance with the Constitution and laws of the Republic of Armenia on the basis of separation and balancing of the legislative, executive and judicial authorities, and, fourthly, whether there really is a crisis in the country , which arose in connection with crimes, armed clashes or other unlawful acts (including illegal acts of the judiciary), and gross violations of human rights and freedoms and with which the law cannot handle anyway? ".
And in this context, Zohrabyan warned the incumbent authorities that if they follow the path of "transitional justice" in violation of the above norms and without serious grounds, then political opponents can blame the government team for failing to comply with article 300.1 of the RA Criminal Code - overthrowing the constitutional order.
To note, on August 17, Armenian Prime Minister Nikol Pashinyan spoke at a rally dedicated to the 100 days of the reign of the new government of Armenia, demanding the creation of transitional justice bodies in the country. In this regard, he noted that today there are growing voices of opinion that a significant part of the judiciary serviced the corrupt system and was its component. "In this sense, distrust of the judicial system remains very profound. This, of course, is a very delicate topic, and in any case we should not succumb to the temptation to interfere in the affairs of the judicial system. But I want to say that from the first day as prime minister I said that I refuse to practice badly the instructions of the judiciary, and I refused it. But on the other hand, I want to emphasize that this does not mean that some judges should continue to receive instructions from representatives of previous corrupt authorities. I want to say to the corrupt previous authorities, and to receive instructions from the judges - take your mind and do not try to joke with the people, "Pashinyan stressed. According to him, the organs of transitional justice may be needed because there are many problems in the legislation of Armenia. He explained that the law "On illegal enrichment" came into force on July 1, 2017, and formally returning the loot before this date could cause problems.