ArmInfo. The executive branch has no right to evaluate the judicial authority. This was stated on July 4 during the conference "The Constitution of Armenia: Red and Green Lines" by the former Minister of Justice of Armenia, D.J.S., Professor Gevorg Danielyan.
He noted that issues related to public confidence in the judiciary are certainly very important. "This is a rather difficult question, and it is difficult to answer it. Yes, I do not argue, there are problems in the judicial system, and I know it for sure. However, upheavals in the judicial system are unacceptable," the former minister, stressed.
Danielyan said that the judicial system, of course, needs reform. "As you understand, independence of the judiciary is very important, as indicated in various international documents. The judiciary is the most vulnerable branch of government, and it is potentially vulnerable on the part of the executive. We conclude that any imprudent statements are unacceptable", said the professor, stressing that if there is no independent judiciary in the country, control over the executive power is lost.
"Even during the French Revolution, no one had any thoughts of engaging the judicial system in these processes. After all, the courts were considered one of the most important bodies in the country, the fact that judges were not dismissed at that time allowed France to become a democratic country," noted Danielyan.
In turn, an expert in international law, lawyer Ara Ghazaryan noted that not only the executive, but also the legislature should refrain from criticizing the judiciary. "It is obvious that vetting is used to develop democracy, but democratic governance is inseparably linked with human rights and the rule of law. If you divide them, you can lose the legitimacy of the judicial system or form despotism in the country. Moreover, the European Court of Human Rights issued numerous decisions against practices of vetting and lustration in the Baltic countries, in cases where human rights were violated, "said Ghazaryan. He also noted that the independence of the judicial system is considered in three dimensions - public interest, human rights to a fair trial, personal freedom of a judge as a citizen. Ghazaryan stressed that both legislative and executive authorities should refrain from criticism, which could damage the independence of the judiciary and public confidence.