Right to a fair trial of the former judge was violated: ECHR delivers judgment
The European Court of Human Rights today delivered a judgment in “Saghatelyan v. Armenia” case. The Court has ruled that the right to a fair trial of the former judge was violated. The applicant, Anahit Saghatelyan, is an Armenian national who was born in 1959 and lives in Vardenis (Armenia). The case concerned her complaint that she had been unable to obtain judicial review of her dismissal from the post of judge. Ms Saghatelyan was dismissed from her post at the Gegharkunik regional court in April 2004 by a decree issued by the President of Armenia following a motion filed by the Minister of Justice and approved by the Council of Justice. The motion stated in particular that she had previously been severely reprimanded on three occasions for gross violations of the rules of criminal procedure and that another set of disciplinary proceedings was initiated against her on the same grounds. Ms Saghatelyan lodged a claim with a Yerevan district court seeking to annul the decree. She argued in particular: that the motion for her dismissal had been based on matters which had been the subject of earlier disciplinary proceedings and in respect of which penalties had already been imposed; that the motion did not contain any reasoning and was not accompanied by any supporting documentation; and that the commission of gross violations of the law could only have been found by a higher court and not by non-judicial bodies and officials, such as the Council of Justice or the Minister of Justice. The district court terminated the proceedings on the ground that her claim was not subject to examination by the courts of general jurisdiction. On appeal, the appeal court examined and dismissed Ms Saghatelyan’s claim as unsubstantiated. In September 2005 the Court of Cassation eventually quashed the appeal court’s judgment and terminated the proceedings on the same grounds as the district court. Relying in substance on Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights, Ms Saghatelyan complained that she had been denied access to court to contest her dismissal. The Court has ruled there was a violation of Article 6 of the European Convention and Armenia Government is obliged to pay 3,600 euros in respect of non-pecuniary damage and 1,300 euros in respect of costs and expenses to former judge Anahit Saghatelyan.
