WILL THE CONSTITUTIONAL COURT BE TOUCHED?
Lragir.am
18 April 06
At 18 PM on April 18 the Constitutional Court of Armenia will decide
whether the government treated the residents of Buzand Street lawfully
or unlawfully. The morning sitting of the Constitutional Court, which
was the continuation of the first sitting that took place several weeks
ago, began with the final speeches of the parties. After the first
sitting the Constitutional Court studied the additional material,
for which the hearing was adjourned till April 18. The court had
apparently studied these materials deeply, for no questions were
asked to the parties. The parties did not have questions either,
therefore they started with final speeches.
Ombudsman Armen Harutiunyan, who appealed to the Constitutional Court
on the claims of the residents of Buzand Street, was the first to
speak. The ombudsman announced that the discussion of the question
and the arguments of the defendant once again confirmed his belief
that the alienation of the property of the residents of Buzand Street
by the government was unconstitutional.
“The arguments of the respondent did not shatter my belief, moreover,
made it deeper,” says the ombudsman. He says the alienation of the
property was not done out of urgent need and with sufficient reason,
which did not allow the residents to appeal against the decisions of
the government. Armen Harutiunyan thinks the alienation of property
must have statutory grounds, unlike what the government has done,
referring to Article 218 of the Civil Code – national and community
needs.
Armen Harutiunyan says this article contradicts to the Constitution
of Armenia, because it transgresses the right for property without
exclusivity. Armen Harutiunyan announced that everything should have
statutory grounds.
“There is nothing we can do for those citizens who have signed a deal,
because there was agreement. However, decisions on enforced alienation
had to have sufficient statutory ground,” says Armen Harutiunyan.
Gevorg Mheryan, the representative of the RA President in the
Constitutional Court, was brief and clear. He announced in his
final speech that the alienation of the property was lawful and did
not violate the Constitution of Armenia. The representative of the
government, Minister of Justice Davit Harutiunyan shares this point
of view. He stated that he could understand the emotional side of the
problem but he would nevertheless try to give legal explanations to
prove the lawfulness of the government’s action.
Davit Harutiunyan says there is not a single point in the RA
Constitution stating that alienation of property must be set down
in the law. The minister of justice says even the general map of the
city is sufficient reason for an enforced alienation, emanating from
the plan of development of the city.
Davit Harutiunyan wonders why Armenia should differ from all the
other countries.
“Yes, we do agree that there are shortcomings in the legislation, and
it is high time to fill in the gaps. Moreover, we even think that human
rights in Armenia must underlie laws in Armenia, but the decisions of
the government are in compliance with the laws and the Constitution,”
announced the minister of justice, adding that the Constitutional
Court might yield to the emotional side of the problem in the judgment.
The members of the Constitutional Court have already come of age,
announced the Chairman of the Constitutional Court Gagik Harutiunyan.
He said they have sufficient experience, knowledge and awareness of
the case being heard to pass an unbiased verdict. And the verdict,
longed for by the cheated residents of Buzand Street and North Avenue,
will be passed in several hours.