By the decision 97-A of 23 December, 2021, the Minister of Justice Karen Andreasyan submitted a motion to the Supreme Judicial Council to initiate disciplinary proceedings against Sima Iskandaryan, Judge of the Court of First Instance of the city of Yerevan.

The 25 February decision of the SJC states that the reason for initiating disciplinary proceedings was the report submitted by Khalatyan, the Acting Head of Justice Control Department.

In this connection, on 11 February, 2022, Judge Sima Iskandaryan filed a lawsuit in the Administrative Court against the Minister of Justice Karen Andreasyan, claiming recognition of the absence of legal relationship to initiate disciplinary proceedings against her.

Iravaban.net learened this from the conversation with the staff of the Judge

The Administrative Court, chaired by Judge Mher Poghosyan, decided to reject Sima Iskandaryan’s lawsuit.

The decision states that it was rejected because, according to Article 175, Part 1, Clause 7 of the Constitution, one of the powers of the Supreme Judicial Council is to resolve the issue of subjecting a judge to disciplinary liability. According to part 2 of the same article, the Supreme Judicial Council acts as a court to discuss the issue of subjecting a judge to disciplinary liability, as in other cases defined by the Judicial Code.

According to Article 141, Part 1 of the Constitutional Law Judicial Code of the Republic of Armenia, a judge is subjected to disciplinary liability by the Supreme Judicial Council. Pursuant to Article 155, Part 7 of the Civil Code, the decision of the Supreme Judicial Council to impose disciplinary liability on a judge enters into force upon publication. According to Article 145, Part 1, Clause 2 of the Judicial Code, the Authorized Body (the Minister of Justice of the Republic of Armenia) has the right to initiate disciplinary proceedings against a judge.

“The court records that:

First: the dispute over the disciplinary proceedings initiated against the judge by the RA Minister of Justice is not a subject of judicial control;

Second, the claim cannot be considered a remedy for the allegedly violated rights of the plaintiff, as the Supreme Judicial Council resolves the issue of disciplinary action in all cases as a result of a decision to submit a motion to the Supreme Judicial Council to initiate disciplinary proceedings against the judge: and the judge is not deprived of the opportunity to present his/her arguments before the Supreme Judicial Council.

According to Article 80, Part 1, Clause 1 of the RA Administrative Procedure Code, the Administrative Court rejects the acceptance of the lawsuit, if the lawsuit is not subject to examination in court,” the Court decision reads.

Sima Iskandaryan’s lawyer Gurgen Torosyan told Iravaban.net that they have already appealed the decision of the Administrative Court in the Administrative Court of Appeal.

It should be noted that the Supreme Judicial Council considered the motion on disciplinary liability of Sima Iskandaryan on 3 March.

Deputy Minister Grigor Minasyan represented Karen Andreasyan at the sitting. Sima Iskandaryan’s representative petitioned the SJC to postpone the hearing on the case of holding the judge accountable on the grounds that the Constitutional Court had accepted the application of 5 deputies of the National Assembly that the disciplinary action of judges through the mediation of the Minister of Justice was unconstitutional.

The Defender requested that the hearing be postponed until the publication of the decision of the Constitutional Court, but the Supreme Judicial Council, chaired by Gagik Jhangiryan, rejected the motion.

The next sitting is scheduled for March 10.

It should be reminded that in January a group of judges signed a statement on interfering with the independence of the judiciary, expressing their concern over the legally provided authority of the RA Minister of Justice to initiate disciplinary proceedings against judges, as well as the possibility of initiating disciplinary proceedings.

In 2019-2021, authoritative international organizations published their opinions, proposals and considerations on the independence of the judiciary in Armenia, in which they assessed as particularly problematic the legislative authority of the RA Minister of Justice to initiate disciplinary proceedings against judges, as well as the possibility of initiating disciplinary proceedings in cases not yet finalized by a final judicial act..

In the photo: Karen Andreasyan and Sima Iskandaryan

Hasmik Sargsyan