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The right to have an advocate

July 06,2018 12:43

Article 10 of the Universal Declaration on Human Rights stipulates that “everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.” Provision 1 of Article 6 of the European Convention on Human Rights, in its turn, provides that “in the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.”
The fundamental right to defense particularly presupposes that the person charged with a crime can hire an advocate who will represent his interests. (If s/he cannot afford it, the state provides him or her with an advocate.)

Of course, there might be people in Armenia who are against, for example, the European Convention on Human Rights, saying that it contradicts to our national values and is demanded by evil-minded Europeans alongside with the defense of LGBT community. But in that case, they should introduce which system of justice they support, “shariyat” system of Islamic states? Maybe Stalin “troika”? However, if the citizen is for the mentioned Declaration and Convention, then s/he has to agree that ANY person charged with a crime has a right to take any option of his or her defense provided by law. Consequently, the supposedly broad-minded people should accept that everyone has a right to a defense by an advocate and particularly ALL citizens of Armenia. This includes not only beautiful, admirable angels loved by the people, but also the ugly, disgusting persons rejected by the society, who are charged with even horrendous and shattering crimes.
By taking all of it into account, it makes no sense in rebuking the advocates who take up the defense of this or that “antihero”. The “anti-hero” has a right to defense equal to the “hero”, you also have one. Such position especially refers to the advocates who, as I imagine, have to go against the mainstream in some cases. All of us can demand “the blood of antiheroes”, and the advocate should be concerned with the defense of the human rights first and foremost.

Aram ABRAHAMYAN

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