Monday, May 20 2019 12:02
Ani Mshetsyan

Chamber of Lawyers urges to refrain from actions that may threaten  the independence of the judiciary

Chamber of Lawyers urges to refrain from actions that may threaten  the independence of the judiciary

ArmInfo. In connection with yesterday's call by Prime Minister Nikol Pashinyan to block all entrances and exits to the courts, the Armenian Chamber of Lawyers  issued a statement calling for refraining from actions that could  jeopardize the independence of the judiciary.  

According to the press service of the Chamber of Lawyers, the statement reads, in  particular: "The Chamber expresses its concern over the appeal of the  Prime Minister, as if implemented, the requirements of the  Constitution will be violated, as well as international treaties and  laws of Armenia. "In particular, according to Article 4 of the  Constitution of Armenia, state power is exercised in accordance with  the Constitution and laws - on the basis of separation and balance of  legislative, executive and judicial powers.  According to Article 162  of the Constitution, in Armenia, only the courts carry out justice in  accordance with the Constitution and laws and prohibits any  interference in the activities of the courts ", - representatives of  the Chamber emphasize.

Also, the 1st and 7th paragraphsof the "Basic Principles of  Independent Judiciary" of the UN resolution are cited , according to  which the independence of the judiciary is guaranteed by the state  and approved by the Constitution or the laws of the country. "All  state and other institutions are obliged to respect and support the  independence of the judiciary. Each UN member state is obliged to  create appropriate conditions, allowing the judiciary to properly  fulfill its duties," the resolution notes. "In accordance with the  third paragraph of Article 7 of the Judicial Code of Armenia,  everyone has the right to exercise the right to judicial protection  both through his representative or lawyer, and personally," the  statement said.

Representatives of the Chamber of Lawyers also note that in the  modern state of law (which is the Republic of Armenia), the mechanism  operates on the principles of separation and balance of three  independent branches of state power - executive, legislative and  judicial. The structural separation of powers requires that the  legislature and the executive branch should not interfere in the  administration of justice. The Prime Minister is one of the branches  of the state - the executive. Consequently, on the basis of an appeal  by the Prime Minister, the actual obstruction of the work of the  courts or the actual limitations of the judiciary endanger the  independence of the judiciary.

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