The
Minister of Justice David Haroutiunian advises this to the protector of Human
Rights Larisa Alaverdian.The Government approved a draft on moving amendments
in the law "About the protector of human rights" according to which
the Protector is deprived of the authority that "he can claim for information
about any case and produce proposals to the court recommending the realization
of the right provided by standards of international law and RA Constitution of
the citizens." This draft was produced in the sitting of the Government by
the Minister of Justice David Haroutiunian, which according to the Armenian ombudsman,
proved the necessity of those amendments, by violent arguments. The Ombudsman
also mentioned that the initiation of deprivation of rights in the court investigation
connected with the position of the Minister of Justice that the court system must
be out of controlling this establishment. "Demanding information from
the court in the investigation stage is a strange thing in democratic systems,
-David Haroutiunian said during our conversation. – The Minister of Justice, the
High Court, the Constitutional Court and other institutions have no right to claim
for information from the court. And in this case we tried to liquidate the item
which distorts the independence of court authority."We quoted another
assurance of Larisa Alaverdian that "the judges thank us for helping them
with our suggestions." She also mentioned that the Minister of Justice tried
not to protect human rights in Armenia but "to protect the judges from the
protector of human rights." In reply to it David Haroutiunian made an inauspicious
comparison: "There was such an institute in soviet periods when the prosecutor
spoke in favor of one of the parts in the civil investigation. The motto was the
same: the protection of human rights, protecting the weak people etc. But it breaks
the principles of the rivalry and equal parties because when the protector of
human rights stands for one of the investigating part the rights of another part
are infringed. We mean this when we say that the protector of human rights have
no right to propose during the court investigation." But Larisa Alaverdian
stressed that her proposals referred to guarantee the deserving realization of
lawsuit: "As one of the most important articles on human rights of European
convention is the right of fair court infringement." She also assured that
she didn’t interfere in court execution and "the remain isn’t interference".
David Haroutiunian answering to this also made an inauspicious comparison: "If
it seems that when the soviet prosecutor stood for one of the parties didn’t explain
its steps by the necessity of guaranteeing the constitutional right isn’t true.
That means the motto is the same."Finishing this "dialogue"
the Minister of Justice said: "The matter is that the examination of other
countries’ experience shows another important circumstance: when the court investigation
begins the protector of human rights stops any court execution. This is not accidental.
I want to remind the published reaction in Armenian press when our Protector turned
to the Hungarian ombudsman asking for assistance during the case of Gurgen Margarian’s
murder. The Hungarian ombudsman answered immediately that the ombudsman has no
right to interfere in the stage of court investigation. I think this must be very
important for us. And we consider very important the institution of Protector.
So I’m ready to make every effort to make it to come true."Anna
Israelian
