Tuesday, October 15 2019 15:39
David Stepanyan

Analyst: The solution to the problem of the Constitutional Court lies  in appointment of new judges and head 

Analyst: The solution to the problem of the Constitutional Court lies  in appointment of new judges and head 

ArmInfo. ''Of course, I do not know the strategy of the My Step bloc and the authorities, in general, in the direction of resolving the problem around the  Constitutional Court. However, in my opinion, one of the options is  renewal of everything that is relevant to this structure.   Everything, excluding the two judges of the Constitutional Court  elected after constitutional amendments that entered into force in  December 2017''. A similar opinion was expressed to ArmInfo by  Director of the Armenian Institute of International and Security  Affairs Stepan Safaryan.

On September 14, the Constitutional Court of Armenia rejected the  consideration of the deprivation of authority of its head Hrayr  Tovmasyan. On October 4, the National Assembly of Armenia with 98  votes in favor and "1 vote against" adopted the appeal prepared by  the parliamentary faction of the "My Step" bloc to the Constitutional  Court on the termination of the powers of Hrayr Tovmasyan. The  initiative of the ruling party was initially supported by colleagues  from the Bright Armenia faction.

"A clear sequence of steps and actions is necessary along this way.  Thus, structures having the authority to appoint judges of the  Constitutional Court should nominate and approve candidates for  future judges. The latter will elect the chairman of the  Constitutional Court from their own composition, which will  automatically make usurpers who are calling themselves judges  outlawed. They will have no choice but going home, "he said.

According to Safaryan, in parallel with the change in the judicial  composition, it is necessary to change the building where they will  work, as well as the staff. After that, all resources provided by the  state budget for the organization of the Court's work will be  transferred to the renewed Constitutional Court. And the entire  document flow, in particular, international treaties, in his opinion,  should be sent and received exclusively by the Constitutional Court,  formed under the current legislation.

According to media, at a meeting of the Constitutional Court in the  case of Hrayr Tovmasyan, besides Tovmasyan himself, the recently  elected judge Vahe Grigoryan was also absent. The only judge who  voted"for" the deprivation of Tovmasyan's authority was Feliks  Tokhyan. Even the second elected judge, Arman Dilanyan, voted against  considering the question of depriving a judge of his powers.

In its appeal to the Constitutional Court the Parliament presented  four reasons for termination of Tovmasyan's authority. First, he had  no right to participate in the consideration of the "Kocharian's  case", by the Constitutional Court since he had connection not only  with Kocharyan, but also with the Republicans, in particular with  former president Serzh Sargsyan. Secondly, Tovmasyan is the godfather  of Kocharyan's lawyer Aram Orbelian. Thirdly, Tovmasyan's previous  statements on the "March 1 case" give reason to believe his position  is biased. Fourth justification - Tovmasyan neglected all these  circumstances and did not inform about the impossibility of his  participation in the consideration of the "Kocharyan case".

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