On June 27 of 2019, “Media Center” hosted a discussion on the topic “Transitional Justice: the opportunities and complexities of its implementation”.
Haykuhi Harutyunyan, the President of the “Protection of Rights without Borders” NGO was a speaker at the mentioned event.
As stated by H. Harutyunyan, the idea of transitional justice originated and circulated since April of 2018, but the implementation of the reforms was delated due to a number of objective reasons, one of which is the formation of the National Assembly and the establishment of the new Government.
“I think, there are already some distinctive boundaries and the public demand is already complete” – mentioned Haykuhi Harutyunyan.
According to Haykuhi Harutyunyan, the decisions made by the European Court of Human Rights against Armenia already fact about the violations, problems and the formal nature of the violations, problems available in the judiciary and justice system respectively. Essentially, the whole combination was to state, that the current Government system of Republic of Armenia, being authoritative, needs division and transition.
“This is the fist time, that such a demand is proposed in Armenia rejecting the previous authoritative regime” – added H. Harutyunyan.
It’s a pity, that large scale discussions by the authorities are not organized. The discussion series on “Transitional Justice” organized by the National Assembly is very welcoming, but the approached of the new Government are not clear and a scope for it is not clarified.
In response to the question of the journalist, whether the implementation of the transitional justice and the vetting procedure will not hinder each other, H. Harutyunyan answered, that the mentioned two procedures complete each other and shall be implemented simultaneously.
According to H. Harutyunayn, the vetting assumes training of public officials and that process assessment of the activity efficiency to exclude the influence of the previous regime.
“Maybe, we centralized only on the judges, but the vetting procedure is relevant also for high-level: in the outcomes of their decision, the life quality, the protection of rights either deteriorates or improves. Through the vetting procedure, the citizens will be enabled to feel that the previous group interests is neutralized and the application of non-legitimate mechanisms, which serve the citizens will start to act exclusively in a line with the law. That means, the whole institutional base shall be freed from that complex autocratic mechanism, which shall be a result of systematic reforms” – mentioned H. Harutyunyan.
As for closing the access of the courts and the failure of the Constitution order, H. Harutyunayn mentioned, that it is very important to take into account that the mentioned actions were carried out.
According to H. Harutyunyan, we are in this situation through which we want to maintain the RA Constitution, rule of law and the protection of human rights.
“However, at the same time whether the legal base available in the current situation and the context is sufficient to ensure the latter. I think, that here originates a discontent and inevitability of making such political announcement, which are not desirable. I don’t think that the establishment of an independent judicial system shall be created through the political, social action towards the court functioning. The society shall have an influence and the court shall be accountable for its activities but the latter shall not be mediated politically. The legal mechanisms, which will furtherly exclude such actions, must be established” – added H. Harutyunyan.