PACE co-rapporteurs concerned over tension between Armenian prime minister's administration and head of Constitutional Court
Co-rapporteurs of the Parliamentary Assembly of the Council of Europe for the monitoring of Armenia, Andrej Šircelj (Slovenia, EPP/CD) and Kimmo Kiljunen (Finla
The statement is available on the PACE's website, ARKA reports.
“Checks and balances are essential in any democratic system. This implies that all institutional powers must act according to the rule of law, and respect it in their deeds and words, including with regard to the principle of the presumption of innocence. If they fail to interact according to these principles, they undermine and damage each other. We are therefore worried about the long-term damage these tensions, that have reached an unprecedented level, could inflict on the judiciary as a whole, in which trust is already very low,” they said. “So far, the Government and the Parliament have respected legal procedures to resolve the situation. Moreover, the authorities have requested the opinion of the Venice Commission on the mechanism for the early retirement of judges of the Constitutional Court. According to European standards, the Venice Commission underlined that early retirements should be strictly voluntary and that this principle needs to be observed."
The co-rapporteurs said they will closely monitor that the Armenian authorities continue to act in this way, even if the objective of this mechanism, to uphold the spirit of the constitutional amendments of 2015, seems valid. “We have already emphasized the need for political players to refrain from actions and statements that could be perceived as exerting pressure on the judiciary. In addition, we call on all parties to lower tension,” they said. “Finally, these tensions should not overshadow the need for reforms in Armenia, whether it be those in the preparation or those that have already been launched in many areas of interest for the Council of Europe.”
History of Conflict
The confrontation between Armenian Prime Minister Nikol Pashinyan and Hrayr Tovmasyan, the head of the Constitutional Court, escalated on January 25 after the premier's press conference, when the prime minister said that Tovmasyan has offered his professional services to him, but the premier has refused the services. In response, Tovmasyan threatened Pashinyan saying he will sue him if the latter will fail to provide evidence confirming his words or take back his words.
On the next day, Pashinyan showed a photo of an expensive pen on his Facebook page saying that he has received it from Tovmasyan earlier as a gift. The Armenian prime minister also said that Tovmasyan has no right to run the office since he was elected with irregularities.
Tovmasyan then instructed his lawyers to file a suit to court.
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