Lasting period passes from the consumption of dispute of the inner-state instances and the inner judicial act until the final act of the European Court of Human Rights (ECHR). The planning of the of the ECHR judgment condition until 15-year of statute of limitations in case of disclosing disciplinary violation features in a result of the ECHR judgement study is conditioned by this.
The Government of Armenia stipulates amendments and addendum in the Judicial Code. The RA Deputy Minister of Justice informed that with the preliminary version of the bill it was proposed to observe the violation disclosed by the international court with the participation of the Republic of Armenia as a ground for incompatibility of the judge’s post, giving an opportunity to terminate the judge’s authorities on that basis. However, the draft submitted to the Venice Commission was revised on the basis of the latter’s opinion, establishing other structure. In case, the violation allowed while administering justice by the judge was disclosed as a result of the ECHR judgment study, disciplinary proceedings cannot be sued, if 15 years passed after the ECHR judgment entered into force. According to Grigor Minasyan, during the period from 2008 until 2018, a number of cases have been filed in the ECHR, and some of them are still under examination, and violations of the European Convention of Human Rights have been recorded.
In response to the question of the deputy Arusyak Julhakyan, the Deputy Minister has clarified that all the prosecuting bodies have authority to initiate proceedings in case of violation of human rights. It relates to the judgements made by the ECHR, where concretely will be recorded that the violation of human rights has taken place as a consequence of the judge’s intent or gross negligence. The authorized body shall study the decision of the ECHR and record if the ECHR has stipulated that the human rights has been violated in the process of the concrete judicial chain and if it has happened because of the judge as a result of deliberate or negligence.
Artur Davtyan informed about the endorsement of the NA Standing Committee on State and Legal Affairs.
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National Assembly of the Republic of Armenia