The Board of the Chamber of Advocates of the Republic of Armenia (hereinafter referred to as the Chamber) with the participation of Chairman of the Board Simon Babayan, Board members Emin Beglaryan, Pavel Gyulumyan, Ruben Hakobyan, Harutyun Harutyunyan, Karen Mezhlumyan, Karen Sardaryan, Marine Farmanyan, Lilit Ghazanchyan and Mane Karapetyan
On 02.22. 2012, the Board held an urgent session and discussed the issue of prosecuting and suspending authorities of Judge of the Court of First Instance of Syunik Marz.Boris Bakhshiyan
We learn about this from the statement of the Chamber.
The Board of the RA Chamber of Advocates recorded the following.
The judge is independent while exercising justice and other powers provided by law as a court, as well as deriving from the status of a judge,.
The court examines and resolves the case or issue (hereinafter referred to as the case) in accordance with the Constitution and the law, assessing the circumstances of the case with its own conviction.
The court is empowered by law to make decisions on detention as a measure of restraint.
The judicial review of the legality and justification of the detention chosen as a measure of restraint is carried out by the RA Criminal Court of Appeal.
The Board also stressed that the authority to verify the legality and validity of the judicial act made by Judge Boris Bakhshiyan of the Court of First Instance of Syunik Marz is reserved by law to the RA Criminal Court of Appeal, so all judgments on the obvious illegality are subjective, especially considering the fact that the Prosecutor’s office had not not appeal it.
According to the Board of the Chamber of Advocates of the Republic of Armenia, the decisions of the Supreme Judicial Council to approve, deprive and detain a judge on the grounds of the act not appealed by the Prosecutor’s Office is illegal can be considered not only as a direct interference, but also as a violation of the independence of the judge in the exercise of rights deriving from the status of a judge.
Due to the above, the Board of the Chamber decided call on:
– the State bodies and high-ranking officials; to refrain from any action that would jeopardize the independence and authority of the judiciary;
– the representatives of Judiciary; to act exclusively within the scope of their powers reserved to them by the Constitution and the laws of the Republic of Armenia;
– the Supreme Judicial Council of the Republic of Armenia; to ensure the independence of courts and judges by exercising the powers defined by the Constitution of the Republic of Armenia and the Judicial Code of the Republic of Armenia.
