The Armenian Government Must Understand What It Is Being Accused Of: Nikol Pashinyan

The Prime Minister Nikol Pashinyan chaired a discussion on the 2023 activity report of the Office of the Representative of the Prime Minister for International Legal Affairs. This was announced by the Government of Armenia.

The head of the office, Yeghishe Kirakosyan, provided a comparative analysis of complaints communicated to the Armenian government by the European Court of Human Rights (ECHR) and the work carried out on them, as well as a comparative analysis of complaints communicated under the articles of the European Convention on Human Rights for 2022-2023. Details were also presented regarding the procedure for forming the Armenian government’s position in relation to the communicated complaints.

Regarding the implementation of decisions and judgments, it was mentioned that general and individual measures aimed at implementing ECHR judgments/decisions have been carried out, and cooperation has been established with domestic stakeholders to solve identified problems. Information has been provided to the Committee of Ministers of the Council of Europe, and efforts have been made to raise awareness of ECHR judgments/decisions.

It was noted that among the violations recorded by ECHR judgments subject to monitoring by the Committee of Ministers of the Council of Europe, there are both cases monitored under enhanced procedures and those monitored under standard procedures.

The Prime Minister was informed that during the reporting period, the first information bulletin on ECHR case law was published, which includes summaries of important cases from the ECHR for 2018-2020. The second information bulletin on ECHR case law has also been published. According to the report, research and preparation are underway for the third publication, which will focus on reopening cases at the domestic level based on ECHR judgments or decisions and their practical specifics.

In the context of legal improvement and international cooperation, the office has provided legal opinions on a total of 73 draft legal acts and made relevant recommendations, while four legal act drafts have been developed and adopted following the designated procedure. Additionally, five training sessions have been organized and conducted (Council of Europe, EU, UN).

There was an exchange of views on specific points of the report, with observations and proposals made regarding the office's work and future actions. Nikol Pashinyan inquired whether there is a mechanism by which similar issues can be excluded in the future in Armenia as a result of ECHR judgments and decisions. In response, Yeghishe Kirakosyan mentioned that this involves an inter-agency commission format, which he described as the best mechanism in this regard.

Deputy Prime Minister Mher Grigoryan added, “All competent bodies are involved, including the judicial system with its chambers, and we are discussing scenario plans for eliminating causes concerning the timing of proceedings, with significant documentation having been created in regard to action plans for addressing those causes during the last session.”

Nikol Pashinyan also spoke about the fact that, in the long term, ECHR decisions are also indicators of how reforms are progressing and being implemented. According to the Prime Minister, this question should be viewed from at least this perspective. He stated that the assumption is not that no one is concerned about these issues until there is an ECHR decision, but on the other hand, it offers a view from another angle, which Pashinyan believes can be beneficial in practical work if certain aspects are addressed.

The Prime Minister emphasized that every judgment has its own content, meaning there could be matters that will be addressed or not addressed. He stated that the Government of the Republic of Armenia needs to understand what it is being accused of, why it is being accused, and what should be done to avoid such accusations in the future. Especially since the ECHR is an institution that clearly enjoys absolute authority both in Armenia and across Europe, which also serves as a resource for the Armenian government’s reform efforts.

Pashinyan added that when the decision was made to establish such an office within the Prime Minister’s staff, one of its justifications was that this office would be central, so that signals would emanate from here to all relevant agencies and institutes. According to the Prime Minister, this logic has been established, and this logic must be continuously reinforced and placed in a self-operating mode. Nikol Pashinyan stressed the need for intensive work in this direction.