COALITION FORGOT ABOUT OMBUDSMAN

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“The human rights defender is called to protect the rights of a citizen before the state bodies, first of all before the executive power”, constitutional right specialist Vardan Poghosyan considers. This legal institute appeared for the first time in the 13th century in Sweden and only 700 years later the Swedish word “ombudsman” was fixed in the constitutions of other states. In Hungary the institute of ombudsman is called Commissioner of State Council on Human Rights, in Austria – Board of National Legal Defense, in Romania – People’s Advocate, in Spain – People’s Defender. “Despite various names in all the states the human rights defender cannot eliminate violations independently”, V. Poghosyan noted.

As a matter of fact there is no institute of human rights defender in the US and France. In the latter the human rights defender- the mediator- is appointed by the government’s decision. On the federal level there is no Ombudsman in Germany however there is the military defender in the armed forces. “One of the principal conditions for the human rights defender’s activities is the right to consider any issue. Thus, the ombudsman should possess the same investigative authority as the Prosecutor does. The state bodies are obliged to cooperate with the Ombudsman and produce all the necessary documents”, V. Poghosyan said.

In his opinion the question of fixing the institute of human rights defender in the Constitution emerged still in the process of elaboration of the acting Constitution. However the plan was not executed. On the whole Vardan Poghosyan gave a positive estimate to the RA law “On the Human Rights Defender” adopted in 2003. However the draft adopted by the NA in the first reading does not take into account a number of important circumstances. “The law says that the Ombudsman is appointed by the National Assembly with 3/5 of votes. Thus the impartiality can be secured. To note, the coalition does not mention it in its draft, according to which the human rights defender can be elected by 37 deputies only. The draft also fails to mention of one of the most important Ombudsman’s functions – the terms of office. “Fixing the terms in the Constitution can be the only guarantee preventing the executive bodies from exerting pressure. I would also like to stress that the President of the republic should not have the right to nominate the Ombudsman’s candidature” V. Poghosyan resumed.

Victoria Abrahamyan