Takhuhy Tovmasyan Addresses EU Ambassadors and Council Leaders

The Chair of the Standing Committee on Human Rights Protection and Public Affairs of the National Assembly of Armenia, Takhuhy Tovmasyan, has addressed the Directorate General of Human Rights and Rule of Law of the Council of Europe and the diplomatic missions of European countries within her mandate. In her message, Tovmasyan specifically stated:

“I would like to draw your attention to the deep crisis that has emerged in our country's judicial system, which has a pronounced political undertone. Recently, numerous alarming facts of encroachments by the authorities on judicial bodies have been recorded in our country, including disciplinary proceedings and criminal prosecutions against judges deemed undesirable by the authorities, and according to specialists, a process for the illegal detention of a judge has now begun.

This specifically concerns the criminal prosecution initiated by the Prosecutor General of the Republic of Armenia against Boris Bakhshiyanyan, a judge of the General Jurisdiction Court of Syunik Province, and the consent to deprive the judge of his freedom on January 31 of this year. It should be noted that Boris Bakhshiyanyan is the judge presiding over the case of Ashot Minasian, commander of the ‘Sisakan’ battalion, who rejected a request from the prosecution to imprison him in a politically contextualized case. After the 44-day war, several opposition figures, including Minasian, were accused of attempting to murder the Prime Minister.

Furthermore, many representatives of Armenia’s judicial system, members of the Supreme Judicial Council, and judges have expressed their justified protests and discontent against these unlawful processes, yet the international community remains silent.

“In this context, I would like to attract your attention and especially emphasize the fact that what is happening constitutes an unacceptable precedent in judicial practice. It is not stipulated in any international legal act, including any article of the European Convention on Human Rights, that a judge can be prosecuted for a decision made, that is, for a ruling issued. Moreover, according to the Constitution of the Republic of Armenia, Article 3 stipulates that “Respect for and protection of the basic rights and freedoms of man and citizen is the obligation of public authority. The inalienable dignity of man is the inviolable basis of his rights and freedoms.”

“Considering all this, we must note that this is a blatant encroachment on the independent functioning of courts and a significant cause for concern and disappointment. It primarily relates to violations of fundamental human rights and the foundations of democracy. Such actions have no connection to the operation and establishment of democratic institutions but directly testify to the political problems and deep crisis present in the country. Evaluating the situation and anticipating the possible consequences for our newly independent state, as well as guided by the obligations undertaken before international organizations concerning the preservation of democratic principles and human rights, I expect a fair response and an appropriate objective assessment of the current situation from you,” Takhuhy Tovmasyan wrote.