Armenia - annual report 2019

Details: Published: July 1, 2020

Workshop in Tsaghkadzor with the Chamber of Advocates of the Republic of Armenia on the professional ethics for lawyers: Ara Zohrabyan (3rd from left), President of the Chamber of Advocates of the Republic of Armenia; Jan Helge Kestel (to the right), lawyer at the law firm Caemmerer Lenz in Erfurt and President of the Bar Association of Thuringia

Strategic Framework

Legal Policy Starting Point

Following the 2018 peaceful revolution in Armenia, the focus was on reorientation of the country and therefore on reforms, particularly in the judicial field. Changes in the areas of criminal law, penitentiary law and criminal procedure law, among others, were pushed forward at great speed. The relevant draft legislation is scheduled for adoption in early 2020. Nevertheless, political reforms are also progressing. For instance, the new government has significantly reduced the number of ministries.

However, the legal reappraisal of the previous government‘s legacy has not been without incident and it reflects the rapid changes in the country. There have been demonstrations in front of, and nationwide blockades of courts to protest the release of former President Robert Kocharyan from pre-trial detention.

The Judicial Code (law on reform of the judiciary), which entered into force in April 2018 during the peaceful revolution and which included a constitutional reform, limited the term in office for judges at the Constitutional Court to 12 years. Shortly before these changes came into force, the current president of the Constitutional Court was appointed to office for life under the old rules. This process is viewed critically by the current government, as it contests its legitimacy. Draft legislation presented at the end of 2019 is now intended to enable the early retirement of constitutional judges. As expected, the government‘s plan met with strong resistance from the Constitutional Court and the opposition.

Overall Concept

Criminal law remains the main priority of IRZ‘s cooperation in Armenia. Consultations on a fundamentally new law on penitentiary system were brought to a conclusion in 2019. IRZ will now accompany practical implementation of the reforms by developing tailor-made concepts for the penitentiary system and probation in cooperation with the competent authorities and institutions in Armenia.

Besides the criminal law issues, IRZ has intensified its consultations with other partners. In addition to the Ministry of Justice, other partners are the Court of Cassation, the Academy of Justice, the Chamber of Advocates, the School of Advocates of the Republic of Armenia, the Federal Chamber of Notaries, the Penitentiary Department and the Armenian Special Investigation Service, as well as the Yerevan State University.

In addition, IRZ was cooperating with the Yerevan Press Club on the project “@Media Societies - Armenia 2019“. The media law project is funded by the Federal Foreign Office.

Focus of Activity in 2019

Administration of Justice

Workshop in Yerevan for probation officers to develop a specific curriculum and create a specific training concept
Seminars “Dealing with the media, public relations of the Chambers of Advocates“ in Yerevan and Gyumri with Chamber of Advocates of the Republic of Armenia
Workshop in Tsaghkadzor with the Chamber of Advocates of the Republic of Armenia on the professional ethics for lawyers
Practical visit to Berlin for mentors and multipliers in the probation service
Continued cooperation with the Court of Cassation of the Republic of Armenia on disciplinary law

Criminal Law and Penitentiary Law

Three workshops for the development of tailor-made concepts for the Sevan and Artik prisons
Consolidation phase at the prisons in Armavir and Abovyan
Advising of the Armenian Ministry of Justice on the analysis of draft legislation on asset recovery
Advising of the Armenian Ministry of Justice on the draft of the law on penitentiary system
Organisation of a nationwide moot court in Agvheran on criminal law
Expert talks in Tsaghkadzor with the staff of the Special Investigation Service of the Republic of Armenia on the issues:
- Policy to combat corruption
- Confiscation of illegally acquired propertyEstablishing a system of requests for mutual legal assistance
In cooperation with the GIZ in Georgia: Publication of the South Caucasus Law Journal, Vol. 9/2018/2019 (topic: Juvenile criminal law

Basic and Further Training

Participation of three participants in the “IRZ Summer School on German Law“ in Bonn
Participation of one Armenian judge in the IVth Multilateral Internship Programme for English-speaking Civil and Commercial Judges
Participation of one judge in the International Conference of the Memorandum Group of several national associations of judges
During the project “Media diversity and pluralism of opinion“:
- Kick-Off conference in Yerevan
- Two workshops on transparency in the media in Aghveran and Tsaghkadzor
- Two workshops on online media in Aghveran and Tsaghkadzor
- Closing conference in Yerevan

Outlook

An important issue in the cooperation with the Armenian Ministry of Justice during 2020 will be the reform of the law on penitentiary system and its practical application. Within the field of the penitentiary system, there are plans to continue and intensify the counselling provided to individual penitentiary facilities. Expert counselling will also continue in the area of the probation service. IRZ will expand its support for the Yerevan State University to include comprehensive advice on the introduction of case-based pedagogical methodologies and the development of materials for a greater practical orientation in teaching. Moreover, IRZ is considering conducting Seasonal Schools on various legal topics together with the Yerevan State University.