Onik Gasparyan's Arbitrary Dismissal Is Not an Easy Task: 'Zhoghovurd'

‘Zhoghovurd’ newspaper reports: Until the end of the day yesterday, Armenian President Armen Sarkissian had not signed the proposal from Prime Minister Nikol Pashinyan to dismiss the Chief of the General Staff of the Armed Forces, Onik Gasparyan. The Prime Minister announced the decision to dismiss him yesterday morning.

What does the Constitution of the Republic of Armenia say about this? Article 133 of the Constitution, which defines the powers of the President in the field of the Armed Forces, states: ‘The President of the Republic appoints and dismisses the senior commanding staff of the Armed Forces and other troops in cases and under the procedure established by law, upon the proposal of the Prime Minister.’ In other words, it turns out that the Prime Minister has proposed to dismiss Onik Gasparyan, but the President has not yet accepted that proposal, and Gasparyan continues to serve as the Chief of the General Staff.

Moreover, paragraph two of Article 139 of the Constitution states what happens if the President refuses to sign the Prime Minister's proposal: ‘The President of the Republic may return the relevant act with his objections to the proposing or petitioning body within a period of three days in the cases established by Articles 131-137, paragraph 3 of Article 155, and paragraphs 3, 4, 6, and 7 of Article 166 of the Constitution. If the competent body does not accept those objections, the President of the Republic shall sign the relevant act or appeal to the Constitutional Court.’

Thus, the President of the Republic may return the proposal to dismiss Onik Gasparyan. If Nikol Pashinyan does not accept the return, the President may send it to the Constitutional Court, where the issue of constitutionality will be reviewed only months later. In the meantime, Onik Gasparyan will continue to remain the Chief of the General Staff.

‘Zhoghovurd’ newspaper notes that it turns out that arbitrarily dismissing Onik Gasparyan is not an easy task, no matter how much it is voiced in crowded squares; after all, there are legal processes in place.

More details in today’s issue of the newspaper.