Law is a sophisticated science that is so complex that for people who are watching and, moreover, covering judicial processes, they lose their original content and become meaningless rites. The cycle of litigation of the armed group, who had occupied the Police Patrol Regiment, as well as of Sefilian is one of the striking examples. The members of the group do not respect the Armenian court, and it is natural that an armed attacker on a police regiment can have such attitude toward the state. It’s their right. The judge also has the right to remove the disrespectful defendants from the courtroom. Do lawyers have the right not to participate in the trial in this case? Some say no, they have no right. But logic suggests that without the client lawyer cannot fully represent the latter’s interests. How can he defend his client without his guidance? After all, the defendant, who has hired a lawyer, can be dissatisfied with his lawyer’s actions and refuse his services. In this point, trials stand before a dead end and turn into a theatrical ritual: the defendants do not stand up – are taken out of the courtroom, the lawyers follow the defendants and also leave the courtroom, the judge imposes sanctions against lawyers, the trial, in fact, fails.
But the most ominous rite, in my opinion, is the practice of demanding a recusal from the judge. I do not know legal nuances yet, but from the “side” it is presented as follows. First of all, it is clear that in any case in Armenia any lawyer may demand a recusal from any judge. For example, on the grounds that the judge is constrained. Because there are no unconstrained judges in our country. (In fact, it does not mean that there are no good specialists among them, just this is the system). And, so, the lawyer demands a recusal from the judge. The latter announces a break and leaves for the consultative room. With whom is he consulting? With himself, about himself? Is it possible that he will come to the conference hall and say, “I consulted with myself for two hours, I thought about my behaviour for a long time, and I came to the conclusion that you, dear lawyers, are right: I’m a bad judge and I cannot handle this trial”. Was there even one such case in Armenia? If there is such a judge, his place is definitely not in court. He must become a monk in some monastery.
Aram ABRAHAMYAN
