“Lack of political will”
Powers should be separated and there should be a transition from centralized power to democracy in Armenia. Only in that case will the courts' independence and an impartial procedure be possible," announced Head of the OSCE/ODIHR, Ambassador Yanesh Lenarchich during a summary on "Fulfillment of Proposals in the Trial Monitoring Report" presented by the OSCE/ODIHR today.
The OSCE/ODIHR conducted studies during the trials following the 2008 presidential elections in Armenia. The report states that arresting a citizen in the middle of the procedure as a precautionary measure must be an extreme measure and other measures should be applied as a replacement. In addition, Janesh Lenarchich also mentioned that there is a need for political will to prevent tortures at penitentiaries and to form an independent investigative body.
In regard to the suggestions, President of the RA Constitutional Court Gagik Harutyunyan mentioned: "Citizens have been forced to address the European Court for restoration of violated rights. This situation is very much due to the legal regulations and firstly, the RA Criminal Procedure Code." He added that since mid-2006, most of the appeals that the Constitutional Court has received have referred to the RA Criminal Procedure Code.
In his speech, RA Minister of Justice Hrair Tovmasyan said the Armenian government is currently discussing the decision on the criminal procedure concept and will present a new draft law on September 30. "The OSCE/ODIHR's comments and suggestions are innovations for the development of the concept. They will not ensure big development, but will help dispel public concerns."
According to RA Prosecutor General Aghvan Hovsepyan, the existing code was full of patches and changes that made it hard to apply. "In many cases, we were forced to appeal to the Constitutional Court to receive solutions regarding the constitutionality of this or that issue."
Lawyer Yervand Varosyan told "A1+" that if the current code functioned based on its principles and mechanisms, it wouldn't be actual to change it. "We can constantly change laws, but if they are not enforced, nothing will change. They are not enforced due to the lack of political will."
