Prime Minister: The Impartiality and Integrity of Judges in New Status Should Not Be Questioned

“We must be assured that the impartiality and integrity of judges entering a new status will not be questioned in any way,” stated Armenian Prime Minister Nikol Pashinyan during a discussion regarding amendments to the RA Judicial Code and accompanying laws at a Government meeting.

“A decision has been made; everyone should understand this, and not start debating what causal or consequential, including political, connections there may be with these decisions. We must be consistent in this, particularly to ensure the influence of the results of integrity checks,” said the Prime Minister.

It should be noted that the package of bills proposes the establishment of specialized judges conducting judicial oversight over pre-trial proceedings, as well as specialization of judges investigating corruption offenses. “This is a widely applied practice in the world. The modern trend is for such specialized divisions to occur. Essentially, it is a new procedure for the selection and appointment of judges, where the most important aspect is the integrity checks,” the Prime Minister announced.

Pashinyan noted that the results of integrity checks are advisory in nature and are not made public. “Could there be a situation where an integrity-related problematic conclusion is offered by the Corruption Prevention Commission, but it might not influence the question of the appointment of a judge by the HCJ (High Council of Justice) since it is not published?” the Prime Minister questioned.

Armenian Minister of Justice Rustam Badasyan clarified that advisory documents are not mandatory, which also stems from constitutional provisions. “Theoretically, the advisory conclusion may bear no significance, but I believe it is unlikely, because if the advisory conclusion concerns such specific facts that indicate problems regarding integrity, it would be problematic if the HCJ does not take the conclusion into account,” he said.

Badasyan also addressed the timelines for the introduction of the new institution. According to him, the Government has recognized the bills as urgent and will send them to the National Assembly. “The transitional provisions specify the timelines. After the law comes into effect, the HCJ will apply to the Government within a week to obtain the Government's approval for the increase in staff. One week after receiving the approval, those positions will be expanded in the judicial system, and one week later, a decision will be made on extraordinary staffing. The regulations are such that within three months, the written examination phase, integrity checks, and psychological testing, along with educational programs at the academy, must be completed,” he added.