Ombudsman Asks Justice Minister To Combat Injustice In The Judiciary

OMBUDSMAN ASKS JUSTICE MINISTER TO COMBAT INJUSTICE IN THE JUDICIARY

Tert.am
15.09.11

Armenia’s human rights defender, Karen Andreasyan, has called upon
the justice minister to take active measures to combat injustice in
the judiciary.

In a letter addressed to Hrayr Tovmasyan, the ombudsman asks for
launching a disciplinary proceeding against three judges who were
earlier reported to have issued unfair rulings.

It comes three citizens lodged claims with the Ombudsman’s Office,
complaining that judges had been unfair in relation to them. Having
reviewed scores of similar appeals, the Ombudsman selected those
three, considering the judges involved in those proceedings in gross
and blatant violation of the law.

“The ombudsman had submitted to the Justice Ministry’s Disciplinary
Board reports on each of the three judges and informed the society
about that. But he immediately came under public attack after
statements containing disinformation, deluding quotations from legal
acts, unlawful calls and illiterate accusations were made on behalf
of different judiciary organs,” reads a statement by the Ombudsman’s
Office.

It says that the Ministry of Justice rejected all the three reports,
considering that there were not sufficient grounds for filing a
proceeding.

Arguing the decision, the Ombudsman’s Office says that evidence of a
blatant and gross violation of one single legal norm is enough for
filing a disciplinary proceeding , while the committee’s response
saying “there were not sufficient grounds” implies that there was at
least one ground in each case. In the meantime, it says the Judicial
Code of Armenia does not clearly specify how many grounds are necessary
for launching a proceeding.

In response to the Ombudsman’s notice on the above mentioned, the
committee said it had given an exhaustive answer.

Not considering the process exhausted, the Ombudsman has now submitted
his claim to the Justice Ministry, another body responsible for filing
proceeding against judges.

It particularly calls for taking appropriate measures to restore
the claimants’ trust in the judiciary, protect the society from
unlawfulness by holding judges accountable, and reduce monopolistic
and clannish approaches in the system, relieving law-abiding judges
of unnecessary disciplinary pressures.