Judges’ Union Statement on Judicial System Reforms

The Judges’ Union of Armenia has issued a statement regarding reforms in the judicial system. The statement is presented in its entirety below.

“In recent days, certain media outlets, as well as several members of society, have made statements on the internet, broadcasts on television, and during public events that tarnish the dignity and honor of judges and undermine the authority of the judicial power. In this regard, the Judges' Union of Armenia makes the following statement.

The Judges' Union finds it necessary once again to draw the attention of public authority bodies, officials, civil and political organizations, media outlets, and citizens to the fact that the independence and impartiality of judges, the absolute prohibition of any interference in the administration of justice, and the disrespectful treatment of judges, as in all states based on the rule of law, are of fundamental importance and are guaranteed and protected by the state as constitutional and legal principles.

Members of society are obliged to respect the principle of judicial independence and to frame their criticism regarding judges or the judicial acts they issue in such a way that it does not turn into a means of covertly putting pressure on judges, interfering with the administration of justice, or insulting the honor and dignity of judges.

The Judges' Union considers it an undeniable truth that the fundamental right to freedom of expression is one of the most important values of a democratic society. However, this right has its limits and may be subject to restriction, among which is the necessity to maintain the credibility and independence of the judicial system.

This means that any person should exercise caution and restraint in their public statements concerning judges. The European Court of Human Rights has addressed the permissible limits of criticism concerning judges in the context of the fundamental right to freedom of expression.

According to the established case law of the European Court, judges are afforded the highest protection for their reputation among all public officials, and the acceptable limits of criticism directed at them should be very narrow (see SKAŁKA v. POLAND judgment of the European Court dated 27.05.2003).

In this context, it is particularly important to consider that judges, by virtue of their position, do not have the necessary tools to respond to unfounded accusations and insults directed at them. This means that judges are public officials who are not authorized to respond to criticism aimed at them (see PRAGER AND OBERSCHLICK v. AUSTRIA judgment of the European Court dated 26.04.1995).

In recent days, some members of society have grossly violated the principle of judicial independence by allowing themselves to make public statements that insult the honor and dignity of judges, broadcast through media, videos, printed and electronic press, and social networks.

In this regard, the Judges’ Union finds it appropriate to mention the following principled legal positions expressed by the European Court:

1. The reputation of a judge should be protected from any insults or offensive speech even during heated discussions of a case. Such statements can demean the credibility of the judge and disrupt the safety of proper administration of justice (see ŽUGIĆ v. CROATIA judgment of the European Court dated 31.05.2011, paragraph 45).
2. It is essential to distinguish criticism from insult. If the sole purpose of expressing an opinion is to insult the court or judges, such critical speech is unacceptable and cannot be upheld within the framework of fundamental rights to freedom of expression.
3. Moreover, insulting a court or a judge could legally be considered a punishable act (see SKAŁKA v. POLAND judgment of the European Court dated 27.05.2003).

3. In light of the above, the Judges’ Union urges the public authorities of the Republic of Armenia, officials, civil and political organizations, media outlets, and citizens to demonstrate behavior emanating from the principles of the rule of law and legal state and to refrain from public statements that undermine the authority of judges, insult judges, and cast doubt on their impartiality before the public.

The Judges’ Union also calls for refraining from any actions that disrupt the normal functioning of the courts and disturb public order near court buildings while exercising the right to assembly in accordance with the requirements of Article 44, parts 4 and 5 of the Constitution of the Republic of Armenia, as well as Article 19, part 1, point 3 of the Law on Freedom of Assembly.

The Judges' Union recognizes that in line with modern legal developments, the judicial power also requires reforms aimed at increasing the efficiency of justice in our country and strengthening the rule of law.

Therefore, the Judges’ Union is prepared to engage in healthy and constructive discussions regarding judicial reforms should interested parties express the necessary will, seeing the resolution of the issue solely within the legal framework, respecting the provisions guaranteed by the Constitution of the Republic of Armenia and international legal norms.”

Judges’ Union of Armenia Council

22.05.2019