Eurasianet: Pashinyan's moves against justice system cast doubt on the sincerity of his intentions

01/07/2019 15:17

Eurasianet: Pashinyan's moves against justice system cast doubt on the sincerity of his intentions


Eaurasia.net has published an extended article about reforms in Armenia's justice system and vetting to be introduced in the sector.

The full article is bellow:

As Armenia’s new government wrestles with how to move past a quarter-century of ill-governance and unaccountability, a popular international legal concept has become a buzzword: transitional justice.

Prime Minister Nikol Pashinyan has regularly deployed the term to describe his vision of reforming the judicial system. On May 24, parliament hosted public hearings to discuss the scope and applicability of transitional justice.

For advocates of transitional justice, the concept offers a means of creating a clean slate upon which to craft a better and more legitimate system of governance. It also may offer a way to reform the country’s institutions.

That struggle has been brought to the fore in recent battles between Pashinyan and the judicial system that have seen the prime minister attack senior judges as products of the former government.

But there remain questions over how the concept might be applied in Armenia. Long-time advocates of transitional justice argue that the proposed measures are too little, too late.

The concept can be a slippery one. The International Center for Transitional Justice, or ICTJ, a New York-based organization promoting the concept, says on its website that the phrase “refers to the ways countries emerging from periods of conflict and repression address large-scale or systematic human rights violations so numerous and so serious that the normal justice system will not be able to provide an adequate response.” It has been used in contexts like South Africa’s post-apartheid Truth and Reconciliation Commission and the lustration processes of security services in former Warsaw Pact states.

Ruben Carranza, a senior ICTJ expert, has been working with Armenia’s new authorities since shortly after they came to power last spring. Transitional justice in Armenia “can build the foundation for accountability and sustain it beyond the initial period of euphoria,” he said last year.

What that lofty aims can mean in practice in Armenia has remained unclear, and the authorities have yet to propose any specific legislation. But lawmakers are drafting on a working paper that will guide the process, said Maria Karapetyan, a member of parliament from the ruling coalition and a leading figure in the push for transitional justice, told Eurasianet.

One potential subject for transitional justice could be the highly contested politics of the 1990s.

“We cannot afford to reopen all the election ballots since 1991 to know if the elections were truly stolen,” Karapetyan said.

But Karapetyan said she envisions the process taking the form of a “memory commission” of sorts.

“Because we are dealing with competing narratives,” she said.

Other targets could be non-combat deaths in the military (259 in the period between 2010 and 2016, alone) and illegal confiscations of property by the government. The most prominent example of the latter is the forced displacement of hundreds of residents living in central Yerevan to clear space for the construction of the showcase Northern Avenue project.

The primary goal, Karapetyan said, “is the restoration of rights that have been violated en masse.”

What that restoration would entail is still under consideration, though some form of government payout and possibly civil forfeiture are on the table, she said.

There is one area that transitional justice won’t touch, she said: lustration of the security services.

“Lustration might have made sense when we were transitioning out of the Soviet Union and into an independent Armenia. But we don’t have that sort of a rupture,” Karapetyan said.

Parliament is expected to take the lead rather than the government, primarily with an eye to ensuring the success of Pashinyan’s so-called “economic revolution” and a favorable investment climate, Karapetyan said.

“For an economic revolution you need to have stability … Transitional justice assumes a certain shaking of the system, a certain instability,” she said. “You don’t want to scare away investors.”

While Pashinyan will not be involved in implementing a transitional justice system, he has embraced the idea. He has tended to frame it in narrower terms, however, as a means to reform the current judiciary, which is dominated by appointees of the previous order.

Pashinyan was especially incensed when a judge agreed to grant bail to Robert Kocharyan – a former president and the prime minister’s political nemesis – as he awaits trial on charges related to the breakup of violent protests in 2008. He cited transitional justice as a means of dealing with the problem.

Transitional justice, he said, was a “vital agenda for our country … to have a truly guaranteed independent judicial system in Armenia.”

Pashinyan called for “vetting” of current judges, a standard practice in transitional justice systems in other countries.

“The public should have complete information about their political connections and genealogy, property status, as well as about their personal and professional qualities manifested during the previous period,” he said.

A recent poll of Armenians’ trust in various institutions put the courts near the bottom of the list. That makes reform likely popular. And this could also have an institutional spillover effect.

“When the judiciary is independent, all of the other structures know that should they commit a violation or a crime, if it gets to court, they will be punished,” Karapetyan said.

Other moves taken by Pashinyan against the justice system have cast doubt on the sincerity of his intentions. After Kocharyan was let out on bail, he called on supporters to protest outside court buildings, an act that was widely criticized as political interference in the justice system. And the newest appointee to the Constitutional Court is a longtime political ally of the incumbent authorities who employed an unorthodox power grab to try to become the head of the court.

Some supporters of vetting and transitional justice, though, think that the process has not gone nearly far enough.

“Either they don’t understand themselves as revolutionaries, or maybe they see themselves as ‘velvet revolutionaries,’” said Artur Sakunts, head of the Helsinki Citizens’ Assembly Vanadzor office, in an interview with Eurasianet. “We must have vetting of every single state body from the police, to the military, to the national security service, to the schools and universities,” he said.

Sakunts expressed concern the process will not go deep enough.

“The body of law, the constitution, the structures built by and for authoritarianism cannot build a democracy,” he said.

Larisa Minasyan, director of Open Society Foundations-Armenia, told Eurasianet that the hearings held so far have been a good start but that they needed to be broadened, not only in scope but at the level of public engagement, as well. (OSF-Armenia has been supporting the process, including by bringing some of the transitional justice experts to Armenia.)

“In the past 15 years, the trust towards institutions, not only the judiciary, but all institutions, stands so low that any such process, whether it's vetting, or vetting and something more, would not restore public trust ... if it’s not a process built on education and consensus,” she said.

[Disclaimer: Eurasianet receives funding from the Open Society Foundations, among other donors. OSF is part of the Soros Foundations network. The Open Society Foundations-Armenia is a separate entity in the Soros network.]

Minasyan is adamant that transitional justice must be comprehensive and offer redress for the many violations of human rights that occurred under the previous government. Doing that is imperative, she said.


In case you have found a mistake in the text, please send a message to the editor by selecting the mistake and pressing Ctrl-Enter.

Newsfeed

14/03/2024 18:12 New technologies at the core of rural infrastructure development 13/03/2024 16:32 The number of Team mobile subscribers is over 1 million 13/03/2024 13:01 “RED”: fixed and mobile services in one package for customers valuing convenience and quality 11/03/2024 14:51 Global Finance Recognizes Ameriabank's Leadership in Sustainable Finance in Armenia 06/03/2024 14:07 Byblos Bank Armenia named CaseKey title sponsor again 05/03/2024 13:36 Doing Digital Forum Returns Featuring Brett King as Keynote Speaker 01/03/2024 18:42 "The Innovator's Dilemma": Byblos Bank Armenia supports publication of Armenian edition 29/02/2024 16:45 “Personal Assistant” program changes popular mindset in regions 27/02/2024 18:12 Viva-MTS: 30-day internet-package for the many destinations within “VOYAGE” service 22/02/2024 17:53 The kindergarten of Armavir village is already being supplied with solar photovoltaic panels 19/02/2024 16:53 Viva-MTS, a company cultivating reading traditions 19/02/2024 12:48 Ameriabank set to join BOGG, a London Stock Exchange (LSE) listed financial group as a standalone entity 14/02/2024 14:53 Years of hard work and a sustainable approach to infrastructure development in regions 07/02/2024 14:49 Virtual PBX: Smart tool for corporate clients 02/02/2024 18:26 Viva-MTS named one of the ten most attractive employers 26/01/2024 18:15 Ameriabank is the Largest Taxpayer Among Armenian Banks 25/01/2024 17:03 Viva-MTS and “SOURCE” Foundation's “Personal Assistant” program is achieving the desired result in Syunik 24/01/2024 19:14 The shareholder of Viva-MTS has changed: The company will reach new achievements 23/01/2024 12:56 Byblos Bank Armenia to sponsor CaseKey team’s participation in Budapest’s CUBE 2024 22/01/2024 14:27 53% increase in Internet traffic in the Viva-MTS network. New Year's Eve and the first day compared to the same period last year 18/01/2024 18:30 “Viva University”: a long-term investment in youth empowerment 29/12/2023 15:49 Viva-MTS: investments that ensure sustainable development using innovative solutions 28/12/2023 14:46 The Christmas Miracle in Shirak Region - Ameriabank Santas Visited Children from Artsakh 22/12/2023 11:43 12 participants of “Get Started” program will explore the startup ecosystem 20/12/2023 20:38 Byblos Bank Armenia donates New Year gift funds to Soldier's Home 14/12/2023 15:51 Daily solutions for Viva-MTS clients based on artificial intelligence and deep neural networks 13/12/2023 16:24 How Ameriabank continued to deliver success amid the volatility of the global markets 13/12/2023 10:15 Mikael Vardanyan donated the maternity hospital of the Surb Grigor Lusavorich Medical Center the modern medical equipment amounting 116 million drams (Video) 11/12/2023 15:53 Viva-MTS: business for business. Virtual PBX has become an effective management tool for corporate subscribers 09/12/2023 20:46 “We rule out the return of citizens of the Republic of Artsakh to the jurisdiction of Azerbaijan”: Tհe appeal of the political and civil organizations of the Artsakh to the International community 08/12/2023 14:01 «Wi-Fi Calling». call through Wi-Fi network from Armenia or abroad in frames of the tariff plan 30/11/2023 15:25 Changes in the terms of provisioning “M2M Tracker Plus” package of services 28/11/2023 18:34 A new phase of the educational program “Viva University” has started 27/11/2023 10:56 Armen Avetisian, Viva-MTS General Director, had an open-door lecture at YSU 20/11/2023 16:40 Viva-MTS and “SOURCE” foundation will support four families in Syunik through the program “Personal Assistant” 17/11/2023 17:36 Ameriabank Named the Best Bank for Digital Solutions in Armenia for 2023 16/11/2023 19:43 Best offer: Postpaid “UNLIM” – unlimited Internet for only 4500 AMD 15/11/2023 09:19 Byblos Bank Armenia Celebrates Education at CaseKey 2023 Gala 06/11/2023 16:18 30 years on stage: The partnership between Viva-MTS and “Paros” Chamber Choir continues 01/11/2023 17:12 Thinking “green” is a lifestyle․ Viva-MTS and "My Forest Armenia" continue the environmental partnership 01/11/2023 11:47 Red Flag Alert for Genocide - Azerbaijan in Armenia 31/10/2023 16:12 Now more than 500 thousand Viva-MTS subscribers use the VoLTE service 28/10/2023 10:44 Five times more internet in MTS Russia network 24/10/2023 16:53 “Recharge+”: now for up to AMD 3000 20/10/2023 11:05 Amundi-Acba made the first direct investment in the equities of an Armenian company 18/10/2023 14:53 Viva-MTS is the General Partner of the State Award of Republic of Armenia for Global Contribution to Humanity through High-Tech 16/10/2023 14:46 “UNLIM” tariff plan also available for postpaid subscribers 13/10/2023 12:35 Solar energy in Viva-MTS mobile stations: saving resources and oxygen 04/10/2023 18:06 Technological support to farmers: Electric fences in the border village of Vahan 27/09/2023 10:25 Financial support in the amount of 123 million drams from Karen Vardanyan to the families having many children, evicted as a result of the 44-day war (Video) 18/09/2023 14:15 President Samvel Shahramanyan has appointed Artur Harutyunyan as State Minister 07/09/2023 23:24 Ex-Ambassador Mikayel Minasyan: “Will Armenia face a war or not?” 31/08/2023 18:28 Ex-Ambassador Mikayel Minasyan has provided an analysis of the Armenian issue 30/08/2023 19:30 S&P Upgrades Ameriabank to 'BB-', Outlook Stable 26/08/2023 13:52 Ex-Ambassador Mikayel Minasyan calls for unconditional consolidation to preserve national identity and save Stepanakert 26/08/2023 13:51 Ex-Ambassador Mikayel Minasyan: “The situation still has a diplomatic resolution” 25/08/2023 12:29 Freedom Broker Introduces Full Brokerage Services for Individuals, Pioneering the Market in Armenia 15/08/2023 12:36 Ameriabank Wins in 3 Nominations of Global Finance World’s Best Digital Bank Awards 2023 01/08/2023 13:55 «Viva University»: Starting inception for university students 01/08/2023 09:57 “I do not know how to interpret the persecution of talented and creative people who have served Armenia all their lives” Defender of Armen and Sergey Smbatyans 19/07/2023 16:16 Amundi-Acba made a huge investment in the RA economy 19/07/2023 10:30 Electric Fences are a new replacement for scarecrows: modern technologies made available to villages by Viva-MTS 14/07/2023 11:39 Viva-MTS presents a podcast series on a variety of themes 13/07/2023 16:45 20,000 trees were mulched in Lori with the support of Viva-MTS Partnership to increase forest cover in Armenia 11/07/2023 11:42 A modern infrastructure system has been launched in border village of Koti 04/07/2023 18:39 Ameriabank Receives 4 Sustainable Finance Awards from Global Finance 01/07/2023 10:52 Viva-MTS turns 18: The best is yet to come 30/06/2023 20:18 Shell brand is already in Armenia. The first fuel stations were put into operation 29/06/2023 15:51 Moody's changes Ameriabank's outlook to stable; affirms Ba3 rating 28/06/2023 16:00 The latest volume of the book series "The Armenians of the World” " is dedicated to Armenian philanthropists of the world 27/06/2023 16:22 Mobile “Electric fences” in Yeghegis community have become an “obstacle” for bears 22/06/2023 13:16 Viva-MTS: Harmless interaction between "Electric Fences" and bears 22/06/2023 11:35 Governor of the State of Kansas Laura Kelly visited Tsitsernakaberd memorial 22/06/2023 10:57 Flynas started operating flights on the route Riyadh-Yerevan-Riyadh 16/06/2023 11:42 MyInvest. Ameriabank has Launched an Online Investment Platform 15/06/2023 13:04 Four projects of infrastructure development in border village Koghb 13/06/2023 15:36 Practical business skills in focus of CaseKey 2023–Byblos Bank Armenia partnership 12/06/2023 12:03 International experience and new football skills: Milan Academy Junior Camp wraps up in Yerevan 09/06/2023 13:55 Viva-MTS’ digital B2B services show steady growth 06/06/2023 12:33 Viva-MTS expands and strengthens the entire mobile infrastructure along with the development of the 5G network 05/06/2023 11:31 Partnership for Environmental Protection and Community Development 03/06/2023 11:56 15 schoolchildren face Gabriel Sargissian in open-air simultaneous display (Video) 02/06/2023 15:53 Team Telecom Armenia is undertaking its initial public offering (IPO) 01/06/2023 10:43 We hope that some of these Armenian children will become professional football players. Claudio Zola 01/06/2023 10:18 On the occasion of June 1st Karen Vardanyan provided 115 million drams to the parentless children of Yerevan 31/05/2023 19:15 Team Group of Companies has acquired 30% of Georgian SkyTel 29/05/2023 13:34 Fly Arna launches new direct flights connecting Yerevan to Kuwait 25/05/2023 14:33 Regional Call Center of Viva-MTS opens in Vanadzor 23/05/2023 17:48 15 YSU students will receive Byblos Bank Armenia scholarships and tuition reimbursement 23/05/2023 11:49 “Unlim”: New prepaid tariff plan by Viva-MTS 17/05/2023 15:37 “The path to creating this brandy was an endless aspiration to excellence for us, and I feel that we succeeded” - Olivier Chapt 17/05/2023 14:17 Border village Berdavan is almost completely illuminated 03/05/2023 14:02 The second batch of electric fences has been introduced in Vayots Dzor 28/04/2023 13:28 Poqr Vedi will save around 1 million AMD a year 27/04/2023 16:46 President Harutyunyan received Colonel-General Alexander Lentsov, the newly appointed commander of the Russian peacekeeping troops 27/04/2023 15:57 Milan Academy Junior Camp to take place in Armenia with leading companies coming together to support young people from regions 25/04/2023 15:41 The introduction of electric fences program was implemented in region of Ararat 18/04/2023 15:43 Production of natural vegetable oils was established in Spitak 17/04/2023 13:32 "The Woman...": Viva-MTS project dedicated to women's month 10/04/2023 15:37 Another modern infrastructure system has been installed in a rural region of Armenia