Urgent Need to Cease Such Demands: Ombudsman on PM's Call to Block Court Access

The Human Rights Defender of Armenia, Arman Tatoyan, issued a statement regarding the Prime Minister's call to block all court entrances and exits in the country.

The statement is presented below:

“The Human Rights Defender considers it necessary to address the Prime Minister's call to block all court entrances and exits in the Republic of Armenia, noting that:

1. In the Republic of Armenia, the implementation of state authority must be guaranteed in accordance with the Constitution and laws, based on the separation and balance of legislative, executive, and judicial powers. Each of these powers or the officials representing them has an unconditional obligation to respect each other and to act solely within the imperative and limits of their designated status.
2. Any interference in the activities of courts and the administration of justice in the Republic of Armenia is prohibited.
3. The demand for effective judicial authority in the country implies the complete independence of the court and judge from the legislature and executive, as well as from any other body or official, and a total prohibition against interference from any other person or entity outside of these.
4. These demands are not coincidental. Courts are intended to guarantee the legal security of the country and the stability of the legal system. Their activities are directed at ensuring the uninterrupted protection of human rights. Courts are obligated, in their daily activities, to ensure the realization of personal freedom, fair trial, and other rights.
5. There are indeed issues in the Armenian judicial system, including regarding the external and internal independence of courts, a lack of public trust in the judiciary, and full guarantees for fair trials. Furthermore, complaints addressed to the Human Rights Defender indicate that there are cases where individual judges harm the reputation of the judicial system through their behavior. All of this also stems from lessons not learned and from the fact that insufficient attention has been paid to sectoral issues in the past. These topics have been thoroughly addressed in the reports and publications of the Human Rights Defender. However, despite all this, the resolution of existing problems must be achieved solely through legal means.

1. Regardless of the situation, the primary and inherently exclusive commitment must be the guarantee of the high value of judicial independence, which directly affects fair trials and other constitutional rights.

2. Hence follows the constitutional direct requirement that state and local self-government bodies and officials must refrain from actions that may threaten or harm the independence of the court or judge.

3. Therefore, the Prime Minister’s call or statement regarding the blocking of all court exits and entrances without exception and prohibiting anyone from entering the court is extremely dangerous for the security and stability of the country’s legal system.

4. I strongly demand that all individuals occupying state or other public positions immediately cease any calls or demands to block court entrances and exits. You are obliged to perform solely the functions assigned to you by the Constitution, laws, or other legal acts. You possess a specific legal status and are limited by that status. Any deviation could lead to liability.

5. I urge all citizens of Armenia to refrain from actions that block the court buildings: any tension must be eliminated. Observations from social networks indicate that citizens are exhibiting high levels of intolerance towards each other, insulting and threatening one another. This is also dangerous from the perspective of the protection of human rights in the country. I ask you to discuss all issues in an atmosphere of solidarity and mutual tolerance, with high respect for the rule of law.

1. The staff of the Human Rights Defender will work from early morning to ensure impartial monitoring of all the processes.”

It is worth reminding that Prime Minister Nikol Pashinyan wrote on his Facebook page that in the morning he would block the entrances and exits of the country’s courts.
“Starting from 08:30 in the morning, we will block the entrances and exits of all courts in the Republic, so that no one can enter.
At 12:00, my speech will be broadcast live,” he wrote.

Previously, the court had changed the measure of restraint for the second President of Armenia, Robert Kocharyan. It is worth mentioning that the guarantees for the release of the second president of Armenia from detention were provided by the President of Artsakh, Bako Sahakyan, and former President Arkadi Ghukasyan.