Delegation of the Armenian Ministry of Justice in front of the IRZ in Bonn: Martina Erb-Klünemann, judge at the Local Court in Hamm and liaison judge (2 nd from right)
Legal Policy Situation
In April 2017, parliamentary elections were held in the Republic of Armenia. These were the first elections after the constitutional reform of 2015, which comprised the transition from a presidential system to a parliamentary system. The Republican Party emerged as the clear winner from the elections, which displayed some irregularities according to international election observers. The State President, whose term of office ends in April 2018, is also a member of this party. Since the constitutional reform has also transferred the executive power from the president to the head of government, the opposition is apprehensive of the current president changing his office to that of head of government. The President has denied these speculations, however.
The elections were held exactly one year after the resurgence of the bloody fights in Nagorno-Karabakh lasting several days in April 2016. Since then, the conflict has been frozen once again, without any sign of a diplomatic solution. This conflict continues to have an impact on the economic situation and the overall development of Armenia. It is also for this reason that the country is very much oriented towards Russia as a protective power, which it already depends on in terms of energy and economic policy.
At the same time, Armenia is maintaining its cooperation with the European Union. It is a member of the Eastern Partnership of the EU and signed a Comprehensive and Advanced Partnership Agreement with the EU at the Eastern Partnership Summit in Brussels in November of the year under review. This replaces an association agreement with the hope of bringing about rapprochement in terms of trade relations, product safety and consumer protection as well as support for civil society. Additionally, the country benefits from EU programmes on judicial reforms with a current focus on structural problems in the judiciary and criminal law.
Overall Concept
Criminal law continues to be the focal point of the IRZ’s cooperation with Armenia. In addition to ongoing consultations on a fundamentally new penitentiary code, the specialist events mainly address the question of how specific regulations, e.g. with regard to handing down sentences or to the fight against money laundering, can be implemented in Armenian legal practice in accordance with international standards. This also applies to the implementation of the Hague Convention on Child Abduction, which was the subject of close collaboration with the Civil Act Registration Agency at the Ministry of Justice.
In relation to current reforms in the judicial administration, contacts with the Court of Cassation and the Armenian Judges’ Association were also intensified.
Besides the Ministry of Justice, the cooperation partners comprise the Court of Cassation, the Judicial Academy, the Chamber of Advocates, the School of Advocates, the Armenian Chamber of Notaries and the Correctional Department and the Armenian Investigation Service, as well as the Yerevan State University.
Foci of Activity 2017
Civil and Commercial Law
Expert report on a reform draft law to implement the Hague Convention on Child Abduction (HCCA) in Armenia
Working visit by a delegation of the Armenian Ministry of Justice on the implementation of the HCCA in Bonn, Hamm and The Hague
Participation by a member of staff of the Armenian Ministry of Justice in the “Summer School on Intellectual Property” at the University of Bonn
Administration of Justice
Working visit by the President of the Court of Cassation and his delegation on questions regarding jusdicial administration, independence of the judges and the compensation of moral damage in Berlin and Karlsruhe
Seminar for the Armenian Chamber of Notaries on questions of their day-to-day professional practice in cooperation with the Federal Chamber of Notaries in Tzaghkadzor/Armenia
Further training on rules governing the legal profession for Armenian lawyers in Yerevan
Attendance by two representatives of the Armenian Judges’ Association of the international conference of the Memorandum Group of Judges’ Associations in Tbilisi/Georgia, (see Multilateral p. 129)
Criminal Law and Penitentiary Law
Continued support of the Ministry of Justice of the Republic of Armenia in preparing a draft of the new Penitentiary Code
Guest lecture on the topic of “Handing down sentences” at the State University of Yerevan
Seminars on handing down sentences for the judges and the Public Prosecutor’s Office in collaboration with the Judicial Academy of Armenia in Yerevan
Support in implementing reforms in the penitentiary system: kick-off seminar for prison guard officers on practical questions in regard to international standards in the penitentiary system in Tzaghkadzor/ Armenia
Support of the Department of “Probation” of the State University of Yerevan in the revision of the curriculum: internship for an Armenian lecturer at the Alice Salomon Hochschule in Berlin
Further training for the Special Investigation Service on investigating cases of money laundering in Aghveran/Armenia
Basic and Further Training
Participation by two Armenian lawyers in the IRZ’s summer school “German law” in Bonn
Moot court in criminal law addressing all students of all universities nationwide, participation by 24 students from six universities in the final round in Aghveran/Armenia
Outlook
An important topic in the cooperation with the Ministry of Justice in 2018 will be the reform of the Penitentiary Code and the law on applying the Hague Convention on Child Abduction in Armenia, the implementation of which is to be accompanied closely. Regarding the penitentiary system, specific consultations are planned in individual prisons as well. Specialist advice on the recently introduced probation service is also being considered. In addition, the collaboration with all other partner institutions will be continued and intensified in the form of seminars and training courses.
Conference on notary law in Yerevan: Vanine Hovsepyan (front row, 4th from right), President of the Armenian Chamber of Notaries; Richard Bock (to her left), Vice-President of the German Federal Chamber of Notaries
Strategic Framework
Legal Policy Starting Point
The Republic of Armenia once again looks back on an eventful year. Certainly the most important development from a legal policy point of view was the constitutional reform, which entered into force at the end of 2015. The central point of the reform is the change from the current presidential system to a parliamentary system. This manifested itself amongst other things in greater competence being conferred on the government and parliament, whereas the president by contrast mainly keeps representative tasks and is also no longer directly elected by the people. Although the actual reform itself was mainly viewed as a step in the right direction not only from an international perspective, several aspects gave rise to dissatisfaction amongst the population. However, in a referendum at the beginning of December 2015, the preparation and conduct of which was accompanied by criticism from election observers and representatives of civil society, the majority of the population was in favour of the reform.
In the continuing conflict concerning Nagorno-Karabakh, there were hefty military clashes between Armenian and Azerbaijan troops in April 2016 on the cease-fire line. Numerous soldiers were killed on both sides. This was aggravated by a serious domestic political crisis resulting from the two-week occupation of a police station in Yerevan in the summer. A radical opposition faction had taken several hostages in order to enforce political demands. Although a police officer was killed in the process, the violent occupiers received significant support from the population.
This indicates a consistent dissatisfaction of the Armenian people about the lack of change to their life situation. Trust in politics is minimal.
Overall Concept
In Armenia, the IRZ mainly devotes itself to criminal law which has undergone a fundamental reform in recent years. The main criminal law legislation had to be revised once again as a result of the constitutional reform in 2016. This in turn had repercussions on the reform of the Penitentiary Code on which the IRZ has provided advice since 2015, and which will now be delayed further.
In addition to advice on legislation, cooperation also focused on training and conferences on practical criminal law issues. This in particular affects issues regarding which the Armenian regulations are guided by the German system or which are similar across borders for several countries. The cooperation partners are the Ministry of Justice, the Court of Cassation, the Armenian Bar and, since 2016, the Armenian Investigation Service. In addition to this, projects with the Armenian Chamber of Notaries and the Bar School have reached numerous representatives of these two professional groups.
An important project alongside the support for the Faculty of Law at Yerevan State University is still being conducted in the criminal law field. Firstly, consultation is taking place here on the revision of curricula on probation issues. Secondly, the university programme has been supplemented by practice-oriented guest lectures by experienced German speakers.
Foci of Activity 2016
Constitutional Law / Human Rights and their Enforceability
Further training seminars in Gyumri und Dilijan for lawyers about the European Convention on Human Rights and its enforceability in co-operation with the Armenian Bar
Further training seminar in Tzaghkadzor for staff of the Investigation Service of the Ministry of Justice of the Republic of Armenia for the investigation and revelation of cases of torture
Civil and Commercial Law
Workshop in Yerevan with the International Department for Civil Law in the Ministry of Justice for the implementation of the Hague Convention on the Civil Aspects of International Child Abduction
Administration of Justice
Conference in Yerevan on current issues for notaries in the Republic of Armenia and Germany in cooperation with the German Federal Chamber of Notaries
Public Law
Participation by two representatives of the Armenian Judges’ Association at the international conference entitled “Safeguarding the uniformity of case-law as a task for the supreme courts” in Chişinău, Republic of Moldova
Criminal Law and Penitentiary Law
Advisory services to the Ministry of Justice in preparing a draft of the new Penitentiary Code
Workshop in Tzahkadzor with the International Legal Assistance and Foreign Relations Department of the Republic of Armenia on various aspects of extradition law
Discussions with the Correctional Department of the Armenian Ministry of Justice on possible cooperation between correctional facilities in Armenia (Armavir) and Germany
Advisory services to the Juvenile Justice Board of the Armenian Ministry of Justice for the coordination of the reforms in juvenile criminal law
Advisory services to the Faculty of Law at the State University of Yerevan on teaching in the field of probation
Guest lecture on practical aspects of the probation service at the State University of Yerevan
Moot court in criminal law in Aghveran for students in cooperation with the State University of Yerevan
Basic and Further Training
”Training of trainers” for the Armenian School of Advocates in cooperation with the German Bar Academy in Tzaghkadzor
Continuation of German courses for students of the Faculty of Law at the University of Yerevan
Participation by two Armenian lawyers at the IRZ’s summer school “German law” in Brühl and Bonn
Participation by a lawyer at a German course for lawyers offered by the Goethe Institute in September in Bonn
Outlook
An important topic in the cooperation with the Ministry of Justice in 2017 will probably be the reform of juvenile criminal law. Initial consultations have taken place in this context, which can form the basis for close support and advice on legislative and structural reforms in this field. In any case, the draft of a reformed Penitentiary Code will be submitted in the coming year. Activities will otherwise mainly follow on from existing work as far as content is concerned.
Download the entire IRZ annual report in PDF format here:annual report 2016.
Attendees at the autumn school on the European Human Rights Convention in Armenia in September
Strategic framework
Legal policy starting point
As had been planned, Armenia acceded to the Eurasian Economic Union (EAEU) in 2015, the other members of which are Russia, Kazakhstan, Kirgizstan and Belarus. This means that Armenia has turned away from the EU in terms of economic and security policy, whilst the country is nonetheless maintaining its relations with Europe and striving to bring both aspects into harmony.
Armenia continues to be highly dependent on Russia in economic terms. A large share of foreign investment comes from Russia, and major sectors such as energy and telecommunication are also dominated by Russian companies. The collapse of the Russian economy in the last year as a result of political developments was also felt in Armenia. The Government's announcement of energy price increases in the summer led to massive protests within the population, involving sit-down blockades and protest marches which went on for days, but which faded away again after a few weeks.
The commemorative events concerning the incidents which took place in Turkey 100 years ago also attracted considerable attention in Armenia in 2015. Its international recognition as genocide is a major concern for the Armenian people.
The resignation of the Justice Minister Hovannes Manukyan in July was surprising news with regard to the IRZ's specific project work. During his 14 months in office, he had pushed forward the reforms in the legal field, and he had been highly supportive of the IRZ's cooperation projects.
Overall concept
The IRZ has worked with the country's most important judicial institutions in the past five years of cooperation with Armenia. The most important partners continue to include the Ministry of Justice, the Court of Cassation, the Law School of the State University of Yerevan, as well as the Armenian Young Lawyers Association (AYLA). The IRZ obtained the Armenian Bar as a new partner in 2015. Two-day specialist discussions took place with the Bar at the end of this year on topics related to professional ethics in cooperation with the Federal Bar (BRAK). Possibilities for future cooperation were also discussed.
Since the IRZ is concerned to promote regional cooperation, it furthermore organised a roundtable discussion at the end of the year in Tbilisi between the Bars from Armenia, Georgia and Germany, to which the Armenian Bar sent five representatives.
Furthermore, the IRZ held a further training seminar for lawyers on the ECHR and on the modalities for lodging an application with the ECtHR. All events benefiting Armenia's legal profession were funded by the Federal Foreign Office.
However, cooperation with the Ministry of Justice shaped the IRZ's work with Armenia in 2015. The project on the drafting of a new Penitentiary Code that had been started in the previous year was continued. To this end, the working group which was assigned by the Armenian Ministry of Justice to draft the Code met the IRZ expert in Yerevan several times in order to work out a concept for the Act and to discuss central points. These discussions were continued during a one-week stay by the group in Germany and by gaining an insight into German practice while visiting prisons.
This year too, the IRZ's cooperation also focussed once more on the basic and further training of young lawyers by continuing the German language courses at the State University for law students. Furthermore, a guest lecture was held on juvenile justice within the Masters course on criminology. Finally, the IRZ successfully complemented the previous years' summer schools with a one-week autumn school on the ECHR for law students.
Foci of activity in 2015
Constitutional law / human rights and their enforceability
One-week autumn school in Arzakan, Armenia, for law students on the ECHR
Two-day further training seminar in Yerevan, Armenia, for lawyers on the ECHR and on the procedure for lodging an application with ECtHR
Administration of justice
Specialist discussions in Yerevan between the German Federal Bar and the Armenian Bar on topics related to professional ethics
Attendance by five representatives of the Armenian Bar at the roundtable discussion between the Bars in Tbilisi
Public law
Attendance by two representatives from the Armenian Judges' Association at the international conference of the Memorandum Group of Judges' Associations on the topic of "Administrative courts as a tool of the rule of law" in Chişinău, Moldova, supported by the IRZ
Penitentiary Law
Advisory services to the Ministry of Justice in drawing up a new draft of the Penitentiary Code in Yerevan
Study visit to Oldenburg by a delegation of the Armenian Ministry of Justice (Working Group on the Penitentiary Code) on the topics of the penitentiary system and probation
Guest lecture on juvenile justice within the Masters degree course on criminology at the Law School at the State University of Yerevan
Specialist discussions between the Armenian Offender Rehabilitation Centre and the Georgian Crime Prevention Centre in Tbilisi
Basic and further training
Implementation of two one-year language courses in "German for lawyers" at the State University of Yerevan
Attendance by an Armenian law student at the IRZ's "German law" summer school in Brühl and Bonn
Outlook
The IRZ's cooperation in Armenia will continue to focus on criminal law in 2016. The new Penitentiary Code is to be presented to Parliament in 2016. The IRZ will continue its advice here, and will support the working group. The basic and further training of lawyers and students on the ECHR will continue to be at the centre of cooperation in the coming year.
As to the political framework, it remains to be seen how the constitutional reform from a presidential towards a parliamentary system, which had been planned to take place in 2015, will affect the judicial reforms in Armenia and how the reforms will be furthered in the judicial field under the new Justice Minister, who has been in office since September 2015.
Attendees at the autumn school on the European Human Rights Convention in Armenia in September