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POOR JUDGES
ARMAN GHARIBYAN
Lragir.am
15 Oct 2010
Constitutional reforms, though rendered the judicial system freer from
the legal point of view, but in fact, judges still obey the offices
of the president and the prosecutor general, various officials and
oligarchs.
Member of Armenian Chamber of Advocates Hayk Alumyan, at the invitation
of Sardarapat movement, dwelt on the dependence of judicial bodies
and ways to overcome it.
In 1995, a board supervising judges composed of 9 judges, 3 prosecutors
and 2 scientists, was planned. Hayk Alumyan says even if all the
judges in the board are honest, they will face the temptation to use
their position to ask something to judges.
According to him, the dependence of judges is determined not only by
law but also shadow pressure.
According to Hayk Alumyan, judges depend on the Court of Cassation
and before taking any decision, they turn to this Court to know what
to do. The Lawyer mentions also judges' dependence on the president
and his staff. He says the president decides the professional destiny
of judges.
Judges depend also on Special Services and the Prosecutor's office
because they gather material against all the judges and use them when
the judges become persona non grata for them. According to Alumyan,
sons of many judges work in the General Prosecutor's office and for
the sake of the career of their sons, judges are forced to fulfill
the orders of the Prosecutor's office.
Hayk Alumyan says that the judges depend on oligarchs and officials
and if one of the parties of a trial is an oligarch, the likelihood
that the other party will win the case is little.
He says that judges depend on everyone except people. As a way out,
Hayk Alumyan points out the direct election of judges. Such a mechanism
is used in the United Stated and was once used in the Soviet Union.
From: A. Papazian
ARMAN GHARIBYAN
Lragir.am
15 Oct 2010
Constitutional reforms, though rendered the judicial system freer from
the legal point of view, but in fact, judges still obey the offices
of the president and the prosecutor general, various officials and
oligarchs.
Member of Armenian Chamber of Advocates Hayk Alumyan, at the invitation
of Sardarapat movement, dwelt on the dependence of judicial bodies
and ways to overcome it.
In 1995, a board supervising judges composed of 9 judges, 3 prosecutors
and 2 scientists, was planned. Hayk Alumyan says even if all the
judges in the board are honest, they will face the temptation to use
their position to ask something to judges.
According to him, the dependence of judges is determined not only by
law but also shadow pressure.
According to Hayk Alumyan, judges depend on the Court of Cassation
and before taking any decision, they turn to this Court to know what
to do. The Lawyer mentions also judges' dependence on the president
and his staff. He says the president decides the professional destiny
of judges.
Judges depend also on Special Services and the Prosecutor's office
because they gather material against all the judges and use them when
the judges become persona non grata for them. According to Alumyan,
sons of many judges work in the General Prosecutor's office and for
the sake of the career of their sons, judges are forced to fulfill
the orders of the Prosecutor's office.
Hayk Alumyan says that the judges depend on oligarchs and officials
and if one of the parties of a trial is an oligarch, the likelihood
that the other party will win the case is little.
He says that judges depend on everyone except people. As a way out,
Hayk Alumyan points out the direct election of judges. Such a mechanism
is used in the United Stated and was once used in the Soviet Union.
From: A. Papazian