The Association of Judges has issued a statement, which reads:

“On 31 January, 2022, the statement of the President of the Association of Judges of the Republic of Armenia A. Agazaryan was published, which expressed concern over the criminal prosecution initiated and carried out against Judge of the Court of First Instance of Syunik Marz Boris Bakhshiyan (see: http://ajra.am/ hy / news / 311-2022-01-31-12-23-19):

Concerns and assessments on this issue were also voiced by the Human Rights Defender.

Following were the alarms and reports of Judge Bakhshiyan’s defense group, according to which the judge was apparently illegally prosecuted for his functions and decisions made within his powers.

Moreover, without the existence of a criminal case against the judge under investigation, the Supreme Judicial Council subsequently discussed the issues of depriving him of immunity and then depriving him of liberty, but as of 19:00 on 1 February, the judge and the defense team, even when such a request was made, were not provided by the SJC with their copies of the decisions. This is in the case when Judge Bakhshiyan has already been charged and the preliminary investigation body is going to apply to the court to choose detention as a measure of restraint. In this situation, it is not known for what reason the SJC granted the motion of the Prosecutor’s Office to deprive him of his immunity, which, perhaps, did not prevent the SJC from proceeding to the next discussion of the issue of deprivation of liberty, in the case when its discussion could not have started until a substantive answer to the first question was received.

The RA Prosecutor’s Office also issued a message related to this case. (see: https://www.prliament.am/am/mn/8443/).

The Prosecutor’s Office stated that it was guided by the requirement of Article 51, Part 7 of the RA Judicial Code, but emphasizing the public importance of the issue, Responding to the publication of the defense attorney in the closed court session of the SJC, those arguments were considered as a waiver of the guarantee provided by law for judges, which otherwise allowed to issue a statement covering the circumstances of the case.

However, the circumstances of the case published in the message do not allay the existing concerns, but deepen them.

Thus, generally welcoming the approach of the Prosecutor’s Office regarding the maintenance of the lawfulness of a person’s detention and the formation of a common case law, however, the statement of the circumstances of the case, the wording and the judgments contained in it allegedly leave the appearance of the facts confirmed by the decision that has entered into force, and the message – the impression of the final decision. Meanwhile, according to the publications of the judge’s defense group, the procedural violations allegedly committed by the judge, which are about two months old, were not surprisingly disputed by the prosecutor, which probably did not prevent the RA NSS Investigation Department from accepting the case, almost two months after the crime was committed on 26 January, 2022. And on January 31, the prosecutor’s office applied to the SJC to grant the motion to prosecute the judge and to restrict his personal freedom.

Refraining from the temptation to make judgments about the validity and legality of the above-mentioned decision to detain a person; however, the Association of Judges of the Republic of Armenia is deeply concerned about the fact of the initiation of criminal proceedings against a judge and deprivation of liberty, for the issuance of a judicial act while carrying out his mission; especially in the event that the judicial act has not been overturned, it cannot be perceived other than a review of that act, bypassing the procedure established by the law of appeal, and restrictions on the freedom of judges to make impartial decisions. This is not in line with any state that believes in the values of the rule of law and democracy.

Stressing the importance of the unconditional protection of the rights and legitimate interests of the judge enshrined in the Constitution and the law, the Association of Judges sees the independence of the judiciary in jeopardy, receiving clear signals that the judicial act will have adverse consequences for the judge.

Aleksander Azaryan, President of the Association of Judges of the Republic of Armenia,
Artur Stepanyan, Vice President of the Association of Judges of the Republic of Armenia,
Members of the Board of the Association of Judges:
Arshak Vardanyan,
Nora Karapetyan,
Harutyun Yenokyan,
Arsen Babayan,
Ruzanna Hakobyan,
Artur Arakelyan.”