The Armenian Lawyers’ Association (NGO) is conducting alternative public monitoring of the implementation of the Judicial and Legal Reform Strategy (Strategy) of the Republic of Armenia for 2019-2023 and the resulting action plans for 2019-2021.

The ALA team, as part of the monitoring work, carries out the collection of information on the progress of the implementation of the Strategic Action Plans using qualitative and quantitative methods. The ALA expected the support of the Supreme Judicial Council in carrying out the monitoring.

In this regard Armenian Lawyers’ Association reported to Iravaban.net.

In order to obtain information, the ALA has sent formal inquiries to the Supreme Judicial Council, which refer to several goals set out in the Judicial and Legal Reform Strategy 2019-2023, particularly:

• Objective 1 – Introduce a unified e-Justice system;
• Objective 2 – Establishing democracy and strengthening the rule of law through transitional justice;
• Goal 5 – Strengthen the independence and impartiality of the judiciary;
• Goal 6 – Improve the public accountability of the judiciary;
• Goal 8 – Increase the effectiveness of activities of courts;
• Objective 11 – Reform of the criminal and criminal procedure legislation;
• Goal 12 – Reform of the civil and civil procedure legislation;
• Goal 13 – Increasing the efficiency of administrative justice and administrative proceedings;
• Goal 14 – Increase the efficiency of the bankruptcy system.

It should be noted that the Supreme Judicial Council did not answer the questions, noting: “According to Part 3 of Article 42 of the Law on Normative Legal Acts, the bodies defined by the Constitution provide official clarification of their sectoral legislative acts, except for the bodies of the judiciary.” The SCJ noted that providing official clarifications is beyond the powers of the Supreme Judicial Council and the Judicial Department.

Thus, the SJC refused to answer the sectoral questions concerning it, ignoring the fact that within the framework of the reforms, the same strategy is referred to this structure with several points as well. For example, Objective 5 includes improving the decision-making process of the Supreme Judicial Council, ensuring transparency, accountability and reasoning.

The Armenian Lawyers’ Association, taking into account the fact that the list of main activities of the Freedom of Information Center NGO also includes the provision of professional assistance to persons related to freedom of information, including in court, as well as monitoring the activities of state bodies in the field of implementation of the RA Law on Freedom of Information; sent a letter to the FOICA asking to study and ensure the process of the issues raised by this letter as much as possible; provide professional assistance in obtaining the requested information and to ensure the monitoring of the legality of the SJC’s activities in the requested information.

In addition, the Judicial and Legal Reform Strategy states that the decision-making process of the Supreme Judicial Council needs to be improved, provided with transparency and rationale, as SJC decisions are currently taken by secret ballot, which creates public distrust and calls into question the independence and accountability of Council members in decision-making.

One of the goals of the judicial and legal reform strategy is to improve the public accountability structures of the judiciary.

“The independence of the judiciary and accountability are closely interrelated. Accountability is a precondition for independence. A judiciary that does not have public accountability cannot enjoy public trust, which, in the end, will endanger the very independence. This strategy aims to lay the foundations for strengthening both accountability and independence, and to ensure the necessary balance between the two concepts.” This is stated in the Strategy.

In fact, it turns out that Gagik Jhangiryan, the Acting Chairman of the SJC, and Armen Harutyunyan, the Head of the Judicial Department, do not ensure public accountability, do not cooperate with the organization conducting monitoring, and moreover, they violate the Law on Freedom of Information. Therefore, they cannot enjoy the trust of the public, which, in the end, will endanger the independence.

In the photo: Gagik Jhangiryan, the Acting Chairman of the SJC, and Armen Harutyunyan, the Head of the Judicial Department.