Human Rights Defender Releases Statement on Hrayr Tovmasyan

The Human Rights Defender of the Republic of Armenia is closely monitoring all issues related to the judiciary that concern either specific human rights issues or the human rights system in general. This was reported by the public relations department of the Human Rights Defender's office.

Thus, the attention of the Human Rights Defender is also attracted to the questioning of Constitutional Court President Hrayr Tovmasyan and the charges brought against him. Furthermore, issues related to the early retirement system for Constitutional Court judges, which are currently relevant, are also under the Defender's scrutiny.

Considering the public significance of the matter, the Human Rights Defender finds it necessary to publicly address several issues:

1. Regarding the criminal case initiated by the Special Investigative Service involving the involvement of Hrayr Tovmasyan as a defendant and the preventive measure selected against him, a discussion procedure has been initiated on the basis of a decision made by the Human Rights Defender. During this discussion, the arguments of Hrayr Tovmasyan and his lawyers will be taken into account, as well as public statements from the Prosecutor General’s Office and the Special Investigative Service up to this moment. The issue of Hrayr Tovmasyan's immunity and the criminal prosecution initiated against him will also be a specific focus of the Human Rights Defender's study. Correspondence will be sent to the Prosecutor General and the Special Investigative Service. Direct contact will be maintained with Hrayr Tovmasyan and his lawyers.

2. The actions to question Hrayr Tovmasyan and bring charges against him immediately followed the signing of the law amendments regarding the “Constitutional Court” by the President of the Republic of Armenia yesterday. Therefore, through this statement, the Human Rights Defender finds it necessary to also address issues related to this matter. The law stipulates regulations for early retirement before the expiration of the term of office for judges of the Constitutional Court appointed as members of the Constitutional Court under Article 7 of the Constitution until the enactment of this article. The law provides the possibility for these judges, who have submitted their resignations, to receive a pension until the end of the term specified by the Constitution. A deadline has been set until January 31, 2020. This regulation is the first of its kind in our country. Such a regulation is directly related to the independence of the Constitutional Court and the status of judges. This has also been noted by the Venice Commission in its opinion on the draft of this law.

3. The above, along with the fact that the criminal prosecution is being conducted during the operation of this law, imposes a greater legal burden on the prosecuting bodies regarding the examination of the criminal case in order to exclude any pressures or even the possibility of such perceptions against the Constitutional Court or the judges of the Court, ensuring maximum transparency in the criminal case examination process and a public understanding of the complete absence of any form of pressure.

4. All these issues will continue to be under the attention of the Human Rights Defender.