Tuesday, January 21 2020 14:05
Karina Manukyan

Armenian Ombudsman points out legislative gaps in judicial system

Armenian Ombudsman points out legislative gaps in judicial system

ArmInfo. The Ombudsman of Armenia presented an extraordinary report, in which he pointed out the legislative gaps in the judicial system.  According to the press  service of the Human Rights Defender, the Ombudsman in the report  noted the absence of mechanisms to restore the rights of citizens in  case of violation of the requirements for considering the case within  a reasonable time.

The Ombudsman also appealed to the Constitutional  Court on this issue, disputing the fact that the RA Judicial Code  does not provide a flexible mechanism to properly ensure the  constitutional requirement to consider cases in courts within a  reasonable time. As a result, under the current legislative  regulations, a court case may be delayed for years, and this fact  remains without consequences for the court. In particular, according  to the annual report of the High Judicial Council for 2019, there are  155 criminal and 1628 civil cases in the city of Yerevan alone, the  consideration of which lasts two or more years. Only seven judges  have a total of 1,123 such cases. Moreover, there are also cases the  investigation of which does not end within ten or more years.

An analysis of international experience shows that appealing a  judicial act or considering a reasonable time by another court in  current cases, as well as demanding compensation for non-material  damage or initiating disciplinary proceedings against a judge and  bringing him to disciplinary liability, are not effective mechanisms  to eliminate legislative omissions.

In international legal systems, preventive measures are widely spread  to prevent violations of the right to a case within a reasonable  time, which, however, are absent in Armenian law. This, in turn,  leads to an unjustified restriction of effective remedies established  by Article 13 of the European Convention for the Protection of Human  Rights and Fundamental Freedoms.

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