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October 30, 2002 The National Citizens’ Initiative Examines Armenia’s Judicial System Yerevan—The National Citizens’ Initiative (NCI) convened today a working seminar on “Armenia’s Judicial System: Yesterday, Today, and Tomorrow.”
NCI coordinator Hrach Hakobyan made opening remarks to the capacity audience. “Considering the various viewpoints of Armenian intellectuals on vital national issues, we discuss today Armenia’s judicial system and the means for its development. What kind of courts do we have? Who are the judges? How is the resolution of rule-of-law issues conditional upon an independent judiciary? Is it possible to have a truly independent judiciary in a country undergoing a continued transitional period? We will try to shed light on these queries against the background of Armenian realities,” he said. Armen Harutiunian, dean of the State Management Academy of Armenia, delivered the keynote address on “Institutional Guarantees for an Independent Legal System.” “The previous court system consisting of the Supreme Court and a court of first instance had good potential and provided the necessary basis for administering a system of checks and balances without having to create a new institutional framework. But we framed another concept and created another system. Among the many elements required to secure its role, it behooves us to improve, not change the tri-level institutional system [in place today],” he said.
Constitutional Court Justice Alvina Giulumian’s intervention was about “Issues of Constitutional Justice in Armenia.” “The Constitutional Court is part of the judicial branch of power, although many still dispute the point. If we attempt to place the Constitutional Court outside the control of judicial authority, it can exist neither in the executive nor in the legislative branch,” she said. Vardan Poghosian of the “Democracy” NGO treated “The Constitutional Underpinnings of the Judicial System.” “After adoption of the Constitution it became clear that in Armenia’s conditions the constitutional foundation for such a legal system could not actually ensure an independent judiciary. The Council of Justice had to be the main institutional guarantee for the system’s independence. But another model was adopted in Armenia according to which the president of the country is the guarantor of justice. We have a ‘super-powerful’ president who, while essentially governing the executive branch of power, in fact stands above the legislative branch. To have an independent Council of Justice, however, it is imperative that it consist of judges, attorneys, and legal scholars instead of executive-branch representatives,” he opined. The formal deliberations were followed by questions, answers, and a lively exchange among National Assembly committee chairman Shavarsh Kocharian; former Prime Minister Aram Sargsian; public activist Larisa Alaverdian; political scientist Stepan Grigorian; Armenian Helsinki Committee chairman Avetik Ishkhanian; NCI councilmember Hranush Kharatian; Yerevan State University Law School dean Gagik Ghazinian; Yerevan Engineering University lecturer Samvel Shahinian; NCI founder Raffi Hovannisian; and many others. The National Citizens’ Initiative is a public nonprofit association founded in December 2001 by Raffi Hovannisian, his colleagues, and fellow citizens with the purpose of realizing the rule of law and overall improvements in the state of the state, society, and public institutions. The National Citizens’ Initiative is guided by a Coordinating Council, which includes individual citizens and representatives of various public, scientific, and educational establishments. Five commissions on Law and State Administration, Socioeconomic Issues, Foreign Policy, Spiritual and Cultural Challenges, and the Youth constitute the vehicles for the Initiative’s work and outreach. For further information, please call
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