New Ombudsman says he has restricted powers
"Courts are called to protect citizens from state bodies, private companies and individuals while frequently citizens have to be protected from courts," Armenian Ombudsman Karen Andreasyan said in his report, in the section "Right to Fair Trial."
About 40% of the complaints addressed to the Ombudsman in 2010 refer to the right to fair trial.
"I am entitled to protect people from all state bodies with the exception of courts. As a result of explicit shortcomings and malfunctioning of the judicial system, as well as biased trials people have lost their confidence in courts and got disappointed with state institutions. Thanks to the efforts of international organizations and different experts courts were declared to be fully independent of all institutes - a fact envisaged by the Armenian Constitution. Independence of the judiciary or judicial independence implies that judiciary is separate from and independent of the government, that is to say courts should not be subject to improper influence from the other branches of government, from private or partisan interests in order to ensure the rule of law. It does not imply that the judicial system should be isolated and holstered in its blemishes.
Judges are not free in Armenia. They are subjected to pressure by judicial authorities who are never made accountable before the public due to lack of legal mechanisms to supervise the judicial system in the country.
The only mechanism to curb injustice in Armenia is to appeal to the European Court of Human Rights. The vast number of cases filed with the court is a brilliant example of this belief.
Engagement of civil society representatives in the Council of Justice will guarantee supervision over the judicial system. This, in its turn, implies changes in the Armenian Organic Law constitution which is a long and complicated process.
My powers are rather restricted in the judicial system. I cannot intervene in any issue which is subject to examination by the court. I can’t even provide an assessment in any case while it is still in court proceedings. I can only report to the Council of Justice on the illegitimate actions of the judge as a result of which the judge can be held accountable, up to removing him from his position," the Ombudsman said in the report.
The Armenian Ombudsman will present his proposals on improvement and development of the judicial system in May, 2011, during a forum organized by the Ombudsman's Office and Chamber of Advocates of Armenia.
