ANNUAL REPORT ON THE ACTIVITIES OF THE ARMENIAN YOUNG LAWYERS ASSOCIATION FOR 2012
CONTENT
- ADDRESS OF THE PRESIDENT OF THE ARMENIAN YOUNG LAWYERS ASSOCIATION
- INTRODUCTION
- MISSION AND VALUES
- AYLA TEAM
- COOPERATION
- AYLA PROJECTS AND IMPLEMENTED ACTIVITIES
- SUCCESS STORIES
- STATISTICS OF IMPLEMENTED ACTIVITIES
- FINANCIAL REPROTS ON THE FINANCIAL ASSETS OF THE ARMENIAN YOUNG LAWYERS ASSOCIATION FOR 2012
- AYLA BOARD
- CONTACTS
- ADDRESS OF THE PRESIDENT OF THE ARMENIAN YOUNG LAWYERS ASSOCIATION
Dear Friends, Partners and Associates,
We have the pleasure to introduce to your attention the Annual Report on the activities of the Armenian Young Lawyers Association which cover the period of 2012. It includes information on the current and implemented activities of the organization, its projects and financial reports. Attaching much importance to making the organization’s activities transparent and accessible for the interested individuals and entities, as well as to ensure transparency and reporting for the beneficiaries, members, partners, stakeholders and donor organizations, AYLA publishes and disseminates the Annual Report among all interested parties. The Annual Report is one of the basic principles and the pillar for making the organization’s activities more effective.
In 2012, the organization implemented 4 diverse projects, during which the organization continued providing free legal aid services to the population of the Republic of Armenia through the network of its offices, as well as the Anti-Corruption Centers and Anti-Corruption Reception Centers operating with USAID financial assistance, and especially attaching importance to the support in cases, which involve corruption risks. This year, in addition to free legal services, AYLA provided free barrister’s services as well, which of course, is an invaluable support to the extremely vulnerable groups of the population. The year was notable for the Anti-Corruption Centers as they started to carry out targeted work. Specifically, the ACCs carried out their targeted activities prioritizing the cases which include corruption risks, and simultaneously achieved notable results.
The refugees and Asylum seekers were among the AYLA beneficiaries as well. They were provided free legal and advocacy services as well as free legal representation in the state and law enforcement bodies. At the same time rather extensive work aimed at dissemination of accessible information on the rights among the population was carried out. Hundreds of public awareness meetings were organized and carried out in different rural and urban communities in all marzes of Armenia including the remote villages.
Attaching importance to the struggle against corruption in the Republic of Armenia, AYLA carried out successful activities seeking procedural and system level changes. As we already have mentioned, the organization carried out considerable work aimed at raising the public awareness and for the development of professional skills of the young lawyers. It organized a number of training courses and carried out 2 republican conferences for the law students. Collections of best reports of the republican conferences were published and disseminated. The latter, of course, is very popular among readers. The traditional – 12th “Philip C. Jessup International Law Moot Court Competition” for the law students was organized as well. The year was notable for the young lawyers and advocates too. AYLA organized two-day trainings on the European Court of Human Rights aimed at the development of their professional skills. The trainings were held in Yerevan and Gyumri cities.
The year 2012 was notable for the AYLA, as the organization established its own information website. In May 2012, on the decision of the AYLA Board the information website iravaban.net was established. The website includes the news section, which publishes the legal news that took place in the region and in the world; interviews with reputable experts of the sphere, legal scientists, advocates and young lawyers. The site provides opportunity to the visitors to get acquainted with the developments in the world through the video materials; learn about public opinion on the activities of governmental and local self governmental bodies, law enforcement bodies and the bodies providing public services through the video polls. In addition the site has its author’s program “Power of Law” where different legal problems are discussed with the representatives of spheres.
The last year was also notable for the AYLA from the aspect of cooperation. The organization established practical partner relations with the governmental and local self governmental bodies, law enforcement bodies, as well as with different international organizations through signing letters of agreement with them. It is undeniable that AYLA’s above mentioned achievements and implementation of the ideas are possible only thanks to the direct participation of the AYLA team: the members and the staff, volunteers and stakeholders, partners and beneficiaries, donors and supporters. And we would like to express our deepest gratitude to all of them. I assure you that everyone’s work is appreciated and leads to the desired results, which enables to further our work with great enthusiasm and devotion. At present, the Armenian Young Lawyers Association undertakes definite steps aimed at development of democracy in our republic and consolidation of the legal state. The organization shall further contribute its strength and activities to the protection of the rights and interests of the members of society, as well as to the development of the professional skills and capacity of the lawyers of the new generation.
With regards and best wishes,
Karen Zadoyan,
Advocate,
President of Armenian Young Lawyers Association
- INTRODUCTION
The Armenian Young Lawyers Association was established in 1995 in Yerevan. During 18 years of activities, the organization was highly appreciated and is respected by its beneficiaries, partners and stakeholders, and currently has its definite place in the legal field of the RA.
Since its establishment, the organization determined its vision for the future and a sound mission. Through the devoted work the organization realized its goals and main objectives contributing to the protection of the human rights, development of the young lawyers and establishment of the civil society.
AYLA soon established partnership relations with a number of state, non-governmental, international, and foreign organizations, and started implementation of various projects aimed at implementation of its main strategic directions. Notably in some years since its establishment the organization’s services became accessible nearly all over the republic due to the network of the AYLA offices, which operate in all marzes of the Republic of Armenia. Currently the AYLA has six regional branches that are located in Yerevan, as well as in Shirak, Lori, Syunik, Gegharkunik and Tavush Marzes of the RA. In 2012, with USAID financial support, AYLA continued operating; the Anti-Corruption Centers in Yerevan city, as well as in Aragatsotn (with ACRCs in Talin and Aparan cities), Kotayk, Tavush, Lori, Shirak, Ararat, Vayots Dzor and Syunik Marzes of the Republic.
By the decision of 19 March 2011 meeting of the AYLA Board, the AYLA Professional; Human Rights, European Integration and International Cooperation; Gender and Vulnerable Groups’ Issues Committees were terminated and three new Committees were established: Committee of Legal Education and Information, Committee of Human Rights, European Integration and International Cooperation, and Committee of Good Governance, Anticorruption and Monitoring Issues. AYLA Cultural and Sport Clubs were terminated as well. Instead the AYLA Leisure Club was established. In 2012, these newly established bodies of the AYLA realized a number of activities in compliance with their rules. Information on these activities is incorporated in this Annual Report.
In 2003, having the aim to raise the efficiency of the projects directed to the development of law students, as well as to expand their involvement in AYLA activities and to raise the level of their legal consciousness, AYLA established its Law Students’ Division (LSD). The activities of LSD are aimed to facilitate introduction of the international legal experience and improvement of the quality and efficiency of the legal education in the law schools and law departments of the other institutes in the Republic of Armenia. AYLA possesses a rich legal library, and its services are available for young lawyers, as well as all interested individuals in Yerevan and in marzes. AYLA has elaborated and launched a bilingual official website www.ayla.am to disseminate information on the organization and to ensure the transparency of its activities. In addition, AYLA operates the official bilingual website www.aac.am to inform the public on anti-corruption activities of the Anti-Corruption Centers that currently operate in Armenia.
One of the notable achievements of the AYLA in the reporting year was reconstruction and renovation of the official website of the AYLA and the official website of the National Network of Anti-Corruption Centers, which currently are furnished with the modern and innovative technological solutions.
The main directions of the AYLA activities are protection of human rights, raising the level of legal awareness among the population, struggle against the corruption in Armenia, assistance to the establishment and development of the Advocacy institute in Armenia, promotion of judiciary and legal reforms, as well as development and education of the lawyers of new generation and establishment of the civil society.
III. AYLA MISSION AND VALUES
The Mission of Armenian Young Lawyers Association is to develop a new generation of highly professional lawyers, having a modern outlook and moral values, as well as to promote the establishment of rule of law, and formation of the legal culture in the society.
The values, of the organization are:
- Modern legal culture based upon the heritage of centuries old Armenian values.
- Legally educated society, which is aware of its rights.
- Protected human rights.
- Highly professional lawyers and advocates, possessing a new and modern methodology.
- Powerful and a strong civil society.
- AYLA TEAM
Success that the Armenian Young Lawyers Association has achieved during its activities, is explained with high professionalism of its core team, as well as the individuals that have new ideas, who constantly follow the organization’s values and mission and have their unbiased contribution in the development and sustainability of the AYLA, and step forward with new initiatives and ideas that have essential importance for the future of the organization. The AYLA team consistently carries out activities aimed at the development of the professional qualities and skills of its members to be in conformity with the demands of the modern world, as well as organizes different cultural events. The team realizes the importance of the ideology and values of the structure and always relies on them during the work.
- COOPERATION
Currently, AYLA has established partner relations and cooperates with over a hundred non-governmental, as well as with more than a dozen of international and foreign organizations. The Association organizes different events and has established partner relations with different civil society and international organizations, state bodies including the RA Government, regional, municipal and rural government bodies, the National Assembly, the staff of the President of the Republic of Armenia, the RA Prosecutor General’s Office, as well as with the institutes of judiciary system and other structures. ՆԿԱՐ 1 և անգլում
The Embassy of the United States of America in Armenia was founded in 1992. The Embassy’s assistance programs promote Armenia’s long-term economic development, sound social policies and democratic reform.
The U.S. Embassy is responsible for maintaining day-to-day relations between the U.S. and Armenian governments, and for providing consular services to citizens.
The United States Agency for International Development (USAID) is an independent federal government agency that receives overall foreign policy guidance from the Secretary of State and provides economic, social, development and humanitarian assistance around the world in support of U.S. foreign policy objectives.
For over a decade, USAID has been a leading donor agency in Armenia, managing approximately two-thirds of the total U.S. assistance program. Over this time, USAID/Armenia’s programs have evolved from humanitarian assistance towards promotion of long-term economic development, sound social policies and democratic reform.
USAID/Armenia works with the Armenian public, the Government of Armenia, non-governmental organizations, businesses, and other donors.
The Office of the United Nations High Commissioner for Refugees was established on December 14, 1950 by the United Nations General Assembly. The agency is mandated to lead and co-ordinate international action to protect refugees and resolve refugee problems worldwide. Its primary purpose is to safeguard the rights and well-being of refugees. It strives to ensure that everyone can exercise the right to seek asylum and find safe refuge in another State, with the option to return home voluntarily, integrate locally or to resettle in a third country. It also has a mandate to help stateless people.
In more than six decades, the agency has helped tens of millions of people restart their lives. Today, a staff of some 7,685 people in more than 125 countries continues to help some 33.9 million persons.
The German Foundation for International Legal Cooperation (IRZ Foundation) was established as a registered association in May 1992 on the initiative of the German Federal Ministry of Justice. The establishment was preceded by various inquiries of the transition countries of Central, Eastern and partly also South Eastern Europe asking the Federal Ministry of Justice for assistance in the upcoming reforms.
The IRZ Foundation implements projects in roughly 30 partner countries with more than 45 staff members at its headquarters in Bonn. Furthermore, the IRZ Foundation has been present with a Berlin-based office in the German capital since 2009.
The IRZ Foundation has been supporting its partner countries in the establishment of an independent and well-functioning judicial apparatus, including procedural law foundations, as well as in the harmonization of their national legal system with European Union law.
The Organization for Security and Co-operation in Europe (OSCE) Office in Yerevan started operations on 9 February 2000. The mandate of the Office is broad, covering all aspects of OSCE activities in the politico-military, economic and environmental, as well as human dimensions. The Office contributes to the development of democratic institutions in the country, strengthening civil society and promoting OSCE standards and principles.
Integrity Action independent non-government organization, Great Britain was founded in 2003 in response to challenges facing the anti-corruption movement with the belief that integrity offers one of the largest opportunities for improvements in equitable and sustainable development. “Integrity Action was founded on the conviction that integrity is central to improvements in sustainable and equitable development worldwide. Integrity Action has been instrumental in positioning integrity on the institutional reform agenda and is now established as a principal player in this growing field.
The trustees and senior management of Integrity Action recognize that bribery and corruption is contrary to fundamental values of integrity, transparency and accountability and undermines organizational effectiveness. It also exposes both Integrity Action and the specific individuals involved to criminal sanctions in the UK and elsewhere.
The organization is committed to a policy of zero-tolerance towards bribery in any form, in respect of the whole of its global operations.
Konrad Adenauer Stiftung Yerevan Office: Freedom, justice and solidarity are the basic principles underlying the work of the Konrad-Adenauer-Stiftung (KAS). The KAS is a political foundation, closely associated with the Christian Democratic Union of Germany (CDU). As co-founder of the CDU and the first Chancellor of the Federal Republic of Germany, Konrad Adenauer (1876-1967) united Christian-social, conservative and liberal traditions. In its European and international cooperation efforts KAS work for people to be able to live self-determined lives in freedom and dignity. We make a contribution underpinned by values to helping Germany meet its growing responsibilities throughout the world.
The organization cooperates with governmental institutions, political parties, civil society organizations and handpicked elites, building strong partnerships along the way. In particular the Foundation seeks to intensify political cooperation in the area of development cooperation at the national and international levels on the foundations of our objectives and values. Together with its partners the organization makes a contribution to the creation of an international order that enables every country to develop in freedom and under its own responsibility.
The “LEGAL ALLIANCE” Law Firm was established in 1997 with the aim of providing quality legal services to its clients and becoming a leading firm in the legal market. The Firm has been developed dynamically since its inception and it now meets the demanding legal requirements of top domestic and international commercial firms. “LEGAL ALLIANCE” Law Firm is now a pioneering law firm in Armenia, providing accessible and highly qualified legal services to individuals and business entities. The Law Firm has a network of offices, which operate nationwide and provides access to its services in the RA provinces as well. “LEGAL ALLIANCE” Law Firm is a company providing comprehensive legal services to private individuals as well as businessmen. It works with major multinational corporations and financial institutions, as well as with a broad range of clients including the family and private businesses.
The Law Foundation of Armenia was founded in 2003. The main goals of the Foundation are to assist to the implementation of legal and judicial reforms in the Republic of Armenia, assist to the establishment and development of the advocacy institute in the republic, as well as to improve the professional skills and raise the role of advocates. It also supports to the establishment of the law schools and the law faculties of other institutes of RA, and promotes to the improvement of the quality and efficacy of legal education in the law schools and the law faculties of other institutes.
The International Law Students Association (ILSA) is a non-profit association of students and young lawyers dedicated to the study and promotion of international law. The Association joins the resources of all law schools and strives to make them accessible for all member organizations. Its history is closely linked with its flagship activity, the Philip C. Jessup International Law Moot Court Competition. Since its creation, ILSA has been an important influence in ensuring that future generations of law students learn the significance of international law. Currently through its programs and support, ILSA provides essential educational resources to future generations of lawyers and other international professionals worldwide, which will contribute to the development of world order and international law.
The European Young Bar Association (EYBA) is a non-profit making, multinational young lawyers association founded on 23 May 1993 in Prague. The group now represents the interests of over 200000 young lawyers and is the world’s largest young lawyers group. EYBA was established to encourage links between and to promote the interests and welfare of young lawyers throughout geographical Europe. AYLA joined The European Young Bar Association in 1998.
AYLA constantly consolidates and expands its links with the partners, as well as promotes the establishment of relations between the AYLA and local, foreign and international organizations. The AYLA external relations are one of the assets of the structure. AYLA enjoys confidence among the partner organizations and this is a guarantee for consolidation of the links and establishment of new relationships.
AYLA attaches much importance and appreciates cooperation with Mass Media, and believes that they are indispensable for ensuring the efficiency and transparency of the organizations’ activities, as well as informing the citizens. The Armenian local and republican media impartially cover all the events organized by AYLA.
- AYLA PROJECTS AND REALIZED ACTIVITIES
“Development of the AAC National Network”: AYLA started implementation of USAID supported project in August 2011. AYLA is the USAID Contractor under this grant and AYLA’s partner organizations, “Armavir Development Center” NGO and Gegharkunik Chamber of Commerce and Industry are Sub-Contractors. In the framework of this project AYLA continues operating 9 of overall 11 Anticorruption Centers of the AAC National Network. AYLA operates AACs in Yerevan city, as well as in Aragatsotn (with AARCs in Talin and Aparan), Kotayk, Tavush, Lori, Shirak, Ararat, Vayots Dzor and Syunik Marzes of the Republic.
The citizens were provided opportunity of channels for reporting corruption and directing complaints to GOAM agencies in Yerevan as well as in RA Syunik, Gegharkunik, Lori, Armavir, Kotayk, Aragatsotn, Shirak, Tavush, Vayots Dzor and Ararat Marzes. The beneficiaries received free legal support and counsel to support their corruption claims. Public focus on how the law enforcement bodies, Public Prosecutor and the courts handle corruption cases in Yerevan as well as in RA Syunik, Gegharkunik, Lori, Armavir, Kotayk, Aragatsotn, Shirak, Tavush, Vayots Dzor and Ararat Marzes was intensified. Corrupt activities in GOAM institutions, based on first-person reports of victimization in Yerevan as well as in RA Syunik, Gegharkunik, Lori, Armavir, Kotayk, Aragatsotn, Shirak, Tavush, Vayots Dzor and Ararat Marzes were identified. Working relationships with government officials, state and local government bodies, including the law enforcement bodies and the bodies and organizations that support to implementation of justice, the National Assembly, the Armenian Human Rights Defender, to stimulate corrective actions and system-level reforms to reduce corruption were established. Information and data assembled in AASs that are operated in the framework of project was used as a foundation for development of advocacy campaigns to create and promote greater involvement of youth, adults and the women in the fight against corruption.
Նկարը անգլերենում
“Armenia Against Corruption” project: AYLA started implementation of the project in August 2012. The project in essence is the continuation of the “Development of the AAC National Network” project. In the framework of this project, the Advocacy and Assistance Centers (AAC) were renamed into Anti-Corruption Centers (ACC), and began to carry out more targeted activities, working on daily basis and concentrating on the complaints that include corruption risks and at the same time achieving notable results.
Notably, one of the innovations of this program was organization and implementation of anti-corruption training for the employees of the governmental sector, the civil and community servants in Yerevan and in the RA marzes.
ՆԿԱՐ 2
“Legal Representation of Asylum Seekers”: AYLA started implementation of the United Nations High Commissioner for Refugees Office supported project since 1 July 2011. Refugees and Asylum Seekers were provided legal assistance, and representation services in the RA state and public bodies, enterprises, law enforcement bodies and courts in the framework of the project. They were provided quality legal advice services on their rights and responsibilities in Armenia as well. The project advocate met with the refugees and asylum seekers in the designated area of the project office, respecting the principle of confidentiality and privacy, compiled written requests, applications and other necessary documents and protected their rights in the court.
Trainings on “Protection of Refugees and Stateless Persons” were organized for the law students as well. Նկարը անգլերենում
“Public Monitoring of Notary Offices and Municipal Civil Status Acts Registration Agency Offices of the Republic of Armenia”: is supported by OSCE Yerevan Office. The project was aimed to increase and deepen public interest towards the Civil Status Acts Registration Agency Territorial Offices’ services system and procedures through conducting independent and unbiased monitoring; improve the existing situation of the services to decrease the corruption risks and other negative occurrences; improve capacity and abilities of the civil society non-governmental organizations in monitoring of the corrupt occurrences and elimination of such occurrences. Observation of the work of Civil Status Acts Registration Agency Territorial Offices was carried out. In the framework of this observation the problems that would be studied among the population were specified. Further the observers carried out observation of Civil Status Acts Registration Agency Territorial Offices in Yerevan and in the marzes of the RA. Based on the monitoring results recommendations on procedural and system level improvements of the relevant legislation were compiled and provided to the attention of corresponding competent authorities.
Two-day Seminar on European Convention on Human Rights in Yerevan and in Gyumri
On May 2-3 and on May 4-5, seminar on European Convention on Human Rights took place in Yerevan and in Gyumri respectively.
Considering the role and importance of the European Court of Human Right (ECHR) and its law-making activities, creating precedents, and also the fact that its decisions are widely applied in the court practice of the RA, organization of such seminar was rather important for the Armenian lawyers and attorneys. The Substitute Judge of the Federal Republic of Germany at the European Court of Human Right and an expert on European Law were invited as expert lecturers. The two-day seminars will be a greatly help for the Armenian lawyers to apply to the European Court of Human Rights more accurately. ՆԿԱՐ 3
“The 2012 Philip Jessup International Law Moot Court Competition”
Students from the law schools and law departments of other institutes participated in the 2012 Jessup Competition. The winner of the Armenian National Round, the students’ team of the Russian-Armenian (Slavonic) University took part in the International Round of the 2012 Philip C. Jessup International Law Moot Court Competition in Washington in March 2012.
The winner of the competition, the team of the Russian-Armenian (Slavonic) University, was awarded the Jessup Cup of the Armenian National Round. The name of the winner team was cut on the Cup.
This year The Law Foundation of Armenia, the Armenian Young Lawyers Association and “LEGAL ALLIANCE” Law Firm, were co-organizers of the Competition. The Judicial Department of the Republic of Armenia traditionally assisted to organization of the Competition, and provided court rooms.
In 2012 the National Administrator of the Armenian Rounds of Jessup Competition conducted meetings with the students of the law departments of the RA Universities and institutes in Yerevan and in the Marzes aimed to increase the interest of the students and to attach importance to the Competition. During the meetings the National Administrator introduced to the attention of the students information on the Competition, and provided printed materials. They also referred to the problems that hinder the law students to participate in the Competition and tried to find solutions. Նկարը անգլերենում
Letter of Agreement Signed between Lori Governors Office and the Armenian Young Lawyers Association
Prioritizing the reduction of corruption risks in local government agencies and improvement of good governance, considering the necessity to improve public services delivered by the government (including local government), aspiring to prevent violations of citizen rights and interests and to involve citizens in decision-making process, the Armenian Young Lawyers Association and the Administration of the RA Lori Marz signed the Letter of Cooperation. Mr. Arthur Nalbandyan, Governor of the RA Lori Marz, Mr. Karen Zadoyan, President of the Armenian Young Lawyers Association, and Mr. Stephen Brager, Head of USAID Democracy and Governance Office held speeches at the ceremony. ՆԿԱՐ 4
«Anti-Corruption» Friday Evening with “Mojito” Cocktail
On 16 March 2012, the Armenian Young Lawyers Association, Yerevan AAC initiated and with active participation of the US Alumni Association of Armenia organized an “Anticorruption Friday Evening” with “Mojito” cocktail in CLABORATORIA Club, one of the most popular places among the Yerevan youth. The event was unique and unprecedented in its kind, as it joined a working meeting and leisure time in one evening party.
Representatives from the US Embassy in Armenia, USAID, OSCE Yerevan Office, RA prosecutor’s Office, AYLA, USAAA, AACs, different international organizations, state bodies and the civil society participated in this event. During the whole evening, the participants enjoyed “Mojito” Cocktails prepared by Advocate Karen Zadoyan, the founding member of the Armenian Young Lawyers Association and the US Alumni Association of Armenia, who is the Manager of the “Development of the AAC National Network” Project as well. At the same time they talked about the mechanisms for struggle against the corruption in Armenia and the vision of Armenia free of corruption (Armenia without corruption). Paralelly, Mr. Marat Atovmyan, Director of Yerevan AAC met with the other participants in the next hall of the club and conducted an interactive discussion on strengthening the ideology of the newly established movement “Armenia against Corruption” and its problems under the motto, “Refrain from starting advocacy of moral principles and eradication of corruption, and try to live in compliance with these best intentions.”
The participants put down solutions on solving the problems like “Formation of perception of corruption as a threat for the society,” “Formation of perception of intolerance towards corruption; creation of defiance and hatred towards corruption among the society,” “Formation of the demand of good governance among the society.” The suggested solutions were summarized in the ideas of strengthening the movement.
The choice of the place of the evening party was not casual, because the participants felt them more comfortable and freely expressed their thoughts and ideas in such environment despite of the working atmosphere, and thus made the event more interesting and attractive. ՆԿԱՐ 5, անգլում
Conference “Judicial Reforms in Transformation States”
On 14 June the conference “Judicial Reforms in Transformation States – 20 Years of IRZ Foundation” took place in the jury courtroom of the Regional Court of Bonn before a high-ranking national and international audience of legal experts as a kick-off for the events celebrating the IRZ’s 20th anniversary.
At this conference, the national and international experts exchanged their experiences with international legal advice provided by the IRZ Foundation.
The event was opened by the President of the Regional Court of Bonn, Margarete Gräfin von Schwerin, the Lord Mayor of Bonn, Jürgen Nimptsch, as well as the Director of the IRZ Foundation, Dirk Mirow. The former Federal Minister of Justice, Dr. Klaus Kinkel, and the President of the Federal Court of Justice, Prof. Dr. Tolksdorf were among the speakers.
Mr. Karen Zadoyan, Advocate President of the Armenian Young Lawyers Association was invited and participated in the Conference as well. ՆԿԱՐ 6
Protection and Promotion of Whistleblowers Important Component in Struggle against Corruption “Implementation of UN and Council of Europe Conventions on Corruption in the Republic of Armenia” round table discussion took place on 26 June 2012, in Yerevan.
Mr. Koryun Piloyan, Head of Corruption and Organized Crime Department of Prosecutor General’s Office of the RA, Mr. Edmon Marukyan, member of the National Assembly of the RA, Mr. Arayik Hovhannisyan, Deputy Head of Standing Committee on Territorial Management and Local Self-Government of the National Assembly, other representative from the NA of the RA, the RA Government, Ministry of Finance of the RA, the State Revenue Committee and the Police of the RA, international, foreign and local organizations, the law enforcement organizations of the RA as well as experts and lawyers attended the round table discussion.
In his speech, Mr. Karen Zadoyan, AYLA President, “Development of AAC National Network” Project Manager attached importance to the role and importance of criminalization of illicit enrichment in struggle against corruption, as well as the protection of whistleblowers.
At the end of the discussion Ms Zaruhi Harutyunyan, Expert of Legal Psychology said that psychologists in Sankt Petersburg recommend the officials to have large mirrors in their offices. Psychologists believe that this may have a preventive role in struggle against corruption.
The Armenian Young Lawyers Association (AYLA), Human Right, Legal Aid, European Integration and International Cooperation Committee of the AYLA and Yerevan Advocacy and Assistance Center (AAC) were the organizers of the round table discussion. Նկարը անգլերենում
Two-Day Seminar on Commercial Arbitration
On July 10-11.2012 a two day seminar on Commercial Arbitration took place in Aghveran. The seminar for the lawyers and advocates of the National AAC Network was initiated and organized by the Armenian Young Lawyers Association in cooperation with German Foundation for International Legal Cooperation (IRZ).
Ms Ruth Mosch, Expert/Lawyer from the German Institution of Arbitration, Cologne and Dr. Friedrich Rosenfeld Expert/Lawyer from the law firm Hanefeld, Hamburg conducted the seminar. Mr. Artak Mikaelyan, Arbiter of the Permanent Arbitration Court of the Chamber of Commerce and Industry and Mr. Armen Voskanyan, Secretary General of the Permanent Arbitration Court, Head of the Legal Department of Chamber of Commerce and Industry of the Republic of Armenia, participated in the seminar and spoke about the activities of Arbitration Court in the RA. The seminar was aimed to promote development of Arbitration Court and Alternative Dispute Resolution (ADR) mechanisms in Armenia, as well as to educate the Armenian lawyers and advocates on ADR mechanisms, through establishing corresponding guidebooks, codes of conduct and the order of procedure, which shall enable the representatives of small and medium businesses to solve their disputes through ADR. Նկարը 7
The 10th General Meeting of Armenian Young Lawyers Association
On 4 December 2012, the 10th General Meeting of the Armenian Young Lawyers Association took place in the AYLA Central Office in Yerevan.
The agenda had two points, which referred to the discussion and approval of the report on utilization of the property and the financial assets of the “Armenian Young Lawyers Association’ Non-Governmental Organization for the period of 01.12.2010 – 01.12.2012 and the election of the management of the organization. During the Meeting the AYLA President referred to the main goals, which the organization would have as its target in future. In particular, he mentioned the issues referring to the strengthening of the membership institute, and the AYLA structural and separated subdivisions, as well as the issues of improvement and stirring of the intra-organizational life, and realization of anticorruption activities and establishment and development of links with similar international and foreign organization.
The report on utilization of the property and the financial assets of AYLA for the period of 01.12.2010 – 01.12.2012, was highly appreciated and adopted by the General Meeting. The General Meeting elected Karen Zadoyan to the post of the AYLA President. Members of the AYLA Board were elected as well. Further the participants held a non formal part where they discussed the future problems and activities and spoke about the success and achievements of the past two years. ՆԿար 8 և անգլում
9th Republican Scientific Conference of Law Students “Advocacy: Current State and Prospects for its Development in the Republic of Armenia” – “The Role of Advocacy Institute in the Struggle against Corruption”
On 10 December 2012, the 9th Republican Scientific Conference of Law Students “Advocacy: Current State and Prospects for its Development in the Republic of Armenia” took place. The theme of the Conference was “The Role of Advocacy Institute in Struggle against Corruption.”
The Armenian Young Lawyers Association organized the conference having the aim to foster realization of individual research by the law students, as well as to hear their new ideas, unique solutions and proposed methods for solving the existing gaps.
The Conference had written and oral rounds. 25 students from different law schools had applied for participation in the conference. 19 applicants introduced their reports in time. The authors of the best 6 reports were authorized to take part in the final, oral round.
On 10 December, after the completion of the oral round, the Jury selected the three winners. Mr. Karen Zadoyan, AYLA President who was the Founder of the Scientific Conference, had established a special prize for the innovative ideas. David Asatryan, student of St. Petersburg Institute of Foreign Economic Relations, Economics and Law Yerevan Branch was awarded the prize.
Klara Sargsyan, from Gyumri State Pedagogical Institute was recognized the third. Grigor Mkrtumyan, student of Vanadzor State Pedagogical Institute won the second prize. Misha Movsisyan, a fourth year student of the educational Complex of the Police Academy was recognized the winner and the “Best Oralist” of the Conference. In his report the winner offered to provide the advocate’s license only to professional lawyers and grounded his offer with the rationale that only the person who possesses the legal field can easily manage the case and refrain from corruptive cooperation. Նկարը անգլերենում
“Current Ways of Corruption Appearances and Combating Corruption in the Changing World” the 3rd Scientific Conference for the Law Students
Attaching importance to participation of the youth in the protection of fundamental rights and freedoms of the person and citizen, as well as undertaking preventive measures to curb corruption occurrences in the sphere of state and local self government bodies, on 10 December 2013, the oral round and summarizing of the 3rd Scientific Conference for the law students “Current Ways of Corruption Appearances and Combating Corruption in the Changing World,” on the occasion of – International Anti-Corruption Day.
14 students from the law schools of the Republic introduced their reports to the Jury of the scientific conference. A jury of 2 judges evaluated each paper in the written round and 5 reports were authorized to take part in the final, oral round. Here the jury of 3 judges evaluated the reports.
Lusine Gharagyozyan, student from the European Regional Educational Academy was recognized the winner of the conference. Armen Poghosyan from Economic and Juridical University was recognized the second. Shushanik Avagimyan, from the European Regional Educational Academy was the third. Նկար 9
Establishment of Armenia Against Corruption Movement
In 2012, AYLA initiated and launched Armenia Against Corruption Movement. The mission of the movement is to create a corruption-free Armenia.
Goals of the movement are:
- Support adoption and implementation of anticorruption laws.
- Creation of the image of corruption as public threat.
- Creation of low tolerance for corruption in the society.
- Creation of public demand for good
Movement slogan is: “It is necessary to start with moral principles and campaign for eradication of corruption roots, and strive for best living standards.”
To join the “Armenia Against Corruption” movement, it is necessary to do the following:
- Read and accept the mission and the slogan of the movement,
- Fill out the application by visiting aac.am website
VII. SUCCESS STORIES
In 2012, AYLA implemented “Armenia Against Corruption” and “Development of the AAC National Network” projects with the financial support of USAID, as well as “Legal Representation of Refugees and Asylum Seekers” project funded by the UNHCR Office. The organization achieved many successful examples of the struggle against corruption and the protection of human rights in the framework of the above mentioned projects. This report presents/includes some of the success stories from the great bulk of work carried out during the reporting period.
The success stories were the result of devoted work of the Anti-Corruption Centers and Branches operated by the AYLA. ՆԿԱՐ 10
- Citizen against the Lawlessness of the Agency of Medical and Social Analysis
Yerevan Anti-Corruption Center
On 26 September 2011, Armenuhi Arakelyan, who had permanent second group disability, was invited to the Agency of Medical and Social Analysis for re-examination. Her single son was exempted from the compulsory military service to take care of his parents (father and mother) who had permanent disability group. Armenuhi Arakelyan’s husband, Hrachya Avetisyan, was granted a permanent first group disability in 2008.
According to Hrachya Avetisyan, the Agency of Medical and Social Analysis received a letter from the Military Commissar with requirement to provide precise information on disability group of the people who were included in the lists of disabled. Hrachya Avetisyan’s wife’s name appeared in that list as well and she was invited for re-examination. Before receiving the permanent second group disability, 5 times during the 7 years his wife’s medical expertise was carried out at home. Her health condition did not allow her to go to the hospital.
“The Agency of Medical and Social Analysis does not protect the interests of patients. They considered themselves a punitive body to punish the people, so that a person feels depressed and depending on them, and thus offer something to them, so that they will do something,” Hrachya Avetisyan, beneficiary of Yerevan Anti-Corruption Center said.
After studying Hrachya Avetisyan’s case and the corruption risks that existed in the case, Karen Hovhannisyan, lawyer/advocate of “Armenia Against Corruption” project was involved in the case. Pursuant to Article 6.2 of the RA Law on Social Protection of Disabled People, the re-examination of the people recognized as permanent disabled shall be carried out on the following grounds, first – if the person has submitted false documents; second – if this was done in violation of the provided order; third – when the person or his/her authorized representative have applied for that; fourth – if there is a court decision.
According to Hrachya Avetisyan, his wife’s re-examination lasted no more than 5 (five) minutes, and they were told that the results would be informed to them in written form later. Mrs. Armenuhi felt bad in the corridor of the hospital. Hrachya Avetisyan applied to the members of the medical commission and said that his wife felt bad and she was in stroke of loss of consciousness, and that it was just the time to find out the real state of her health. However, the members of the commission did not do anything, no one even moved from their place.
Later it turned out that Armenuhi Arakelyan’s permanent second group disability was chained into the third group. The Agency of Medical and Social Analysis informed that everything was done legally.
The letter sent in 2011 to Arthur Grigoryan, RA Minister of Labor and Social Affairs and the following meeting with him did not help to restore the infringed rights of the woman. The case was already in the Administrative Court.
As a breach of the order provided by law on their part, they mentioned that the materials that were in Armenuhi Arakelyan’s administrative case, and which were available in 2006, were insufficient to establish a permanent second group disability. In this regard Yerevan ACC disputed the circumstance that in substance Armenuhi Arakelyan had provided the ambulatory record book completely. However they did not copy the ambulatory record book completely. The materials were copied in part and attached to the materials of the administrative proceeding.
As a result of the protection of the citizen’s rights in court, the Administrative Court of the RA met the claim of the Project Advocate Karen Hovhannisyan and the permanent second group disability of the beneficiary was restored. The decision of the Agency of Medical and Social Analysis on providing the third group disability was abolished. The Agency appealed the decision; however the Court returned the appeal of the Agency of Medical and Social Analysis. Նկարը անգլերենում
- Criminal Case on Construction of Tsav HPP initiated
Anti-Corruption Center of Syunik Marz of the RA
Andranik Galayan, Silva Zakaryan, Satenik Galoyan and Lusine Galoyan owned on co-ownership property right upon arable of 0,557 hectares in Tsav community of Syunik marz. The ground for registration of the ownership right was Decision # 4 of 1 March 1991 of Tsav Commission on the Land Reforms and Privatization.
EnergyTsantshin JSC had conducted construction works in a part of this land, and built a part of the head-end of a small hydropower satiation in the mentioned land plot without the consent of the owners.
The head end of Tsav Small HPP was not registered in Kapan regional subdivision of the State Committee of the Real Estate Cadastre adjunct to the RA Government, as part of the occupied land was registered on ownership right in the name of Andranik Galayan, Satenik Galoyan, Lusine Galoyan and Silva Zakaryan.
The study of submitted documents revealed that the case involved corruption risks, as the authorized officials failed to undertake corresponding measures to prevent violation of the citizens’ rights. In addition, EnergyTsantshin JSC, which is a trading company, had abused its authorities. The corruption risk in this case was that during the implementation of construction work of “Tsav” small hydropower station in the period of 20.03.2007 – 30.06.2010, the community administration of Tsav Community and Syunik Section of State Urban Construction department failed to realize due supervision, which resulted in violation of the ownership rights of Andranik Galayan, Satenik Galoyan, Lusine Galoyan and Silva Zakaryan and the citizens suffered and continued to suffer losses.
On 11 November 2012, Syunik Anti-Corruption Center submitted a report on the fact to Syunik Prosecutor’s Office. Based on the statement Syunik Prosecutor’s office had initiated a criminal case under the requirements of Article 315.2 and Article 214 (1) of the RA Criminal Code and directed it to the Investigation department of Syunik marz for pre-investigation.
It should be noted that such actions are considered as corruption offenses pursuant to the Prosecutor-General’s Decree # 82 of 19 November 2008 amended by Decree #12 of 19 March 2013, and Article 315.2 (Unauthorized seizure of state or municipal-owned land, as well as failure to undertake measures provided by law to prevent unauthorized construction of buildings and structures) and Article 241 (Abuse of authority by employees of commercial or other organizations) of the Criminal Code of the RA. ՆԿԱՐ 11
- The Rural Community restored its Property Right over the Livestock Complex
Anti-Corruption Center of Tavush Marz of the RA
In November 2011, Suren Kocharyan, Head of Lusadzor rural community applied to the AAC and informed that R.A. member of the same community had applied to the Court of General Jurisdiction of Tavush Marz of the RA claiming to recognize his property right over the livestock complex located in Lusadzor community. The Court of General Jurisdiction of Tavush marz of the RA upheld the claim by the decision of 08.11.20011, and recognized R.A.’s property right over the livestock complex located in Lusadzor community.
In this case R.A. had referred to the 1992 protocol of Privatization and Improvements Commission of Lusadzor Community and the Court of the First Instance referred to this decision according to which the disputable real estate was privatized to R.A. under the condition where in compliance to the RA Law on Rural and Rural Collective Farms the livestock complex, Which was a fixed asset of Lusadzor community could be privatized to RA only on the decision of Liquidation Committee and not by the decision of the Privatization and Improvements Commission of Lusadzor Community, which was not authorized to take such decision.
In addition the privatization decision Privatization and Improvements Commission on privatizing the fixed asset of Lusadzor Community was not an evidence referring to this case.
On 05.11.2011, the advocate involved in the case by the AAC filed an appeal claim against this decision to the Civil Administrative Court of the RA. The Court admitted the case into proceeding and started investigation.
The Civil Administrative Court of the RA met the appellate claim by its decision of 09.02.2012, and decided to annul and amend the 08.11.2011 decision of the Court of General Jurisdiction of Tavush Marz of the RA.
Նկարը անգլերենում
- The Citizen obtained State Registration of Property Right
Anti-Corruption Center of Lori Marz of the RA
Tatevik Hovhannisyan, resident of Bazum Village of Lori marz applied to Lori ACC in December 2012. Based on the state act #2 on ownership right of the land dated 02.02.1991 of the Commission on Land Reforms and Privatization, Arthur Hovhannisyan was provided ownership right for the land plot of 1,07 hectare in Bazum Community. Arthur Hovhannisyan is Tatevik Hovhannisyan’s husband. The state act was agreed with the head of Bazum Community as well.
Notably the state act was agreed with the Head of Bazum community.
Tatevik Hovhannisyan had applied to the State Committee of the Real Estate Cadastre adjunct to the RA Government with request to privatize the mentioned land plot. However she received a reply, which informed that the procedure of the state registration of the ownership right for the land plot, which was a real estate located in Bazum Community had been suspended based on the requirement of Article 28 of the “Law of the Republic of Armenia on State Registration of the Rights to the Property.” The Article provides the grounds for termination of the procedure of state registration of the right.
As a result of the analyses and undertaken measures of Lori ACC, Lori Division of the State Committee of the Real Estate Cadastre adjunct to the RA Government recorded the state registration of Tatevik Hovhannisyan’s husband’s property rights. ՆԿԱՐ 12
VIII. STATISTICS OF IMPLEMENTED ACTIVITIES
In 2012, the AYLA Central and Regional Offices, and AACs provided the following services in the scope of work of all the implemented projects:
Provision of legal resources
- Provision of modern legal literature
- Provision of computer, fax, e-mail and Internet services
- Provision of RA legislative computer software program
1068 people used the legal resources of AYLA in 2012. 794 people (74.3%) used the legal literature, and 274 people (25.7%) used the Armenian legislative computer software program and the other services (computer, Internet and fax):
Statistics by provision of legal resources
| Type | Number | % | ||
| Legal literature | 794 | 74.3 | ||
| Computer systems | 274 | 25.7 | ||
| Total | 1068 | 100 |
685 people or 64.1% of the users were female and 343 or 32.8% were male, 40 users or 3.7% of the users were juridical persons:
| Gender | Number | % | ||
| Female | 685 | 64.1 | ||
| Male | 343 | 32.1 | ||
| Juridical person | 40 | 3.8 | ||
| Total | 1068 | 100 |
Free legal advice and advocacy services
In 2012, AYLA offices, as well as AACs operated by the organization provided free legal advice services (including compiling written documents, representation in different state and local bodies) and court representation for the representatives of the vulnerable groups of the society. Altogether 5691 people applied for such services. 5618 or 98.7% were physical persons and 73 or 1.3% were juridical persons.
3086 beneficiaries or 54.2% were female and 2535 beneficiaries or 44.5%-% were male. 70 or 1.2% were juridical persons.
Statistics by the type of beneficiaries
| Type | Number | % | ||
| Physical persons | 5618 | 98.7 | ||
| Juridical persons | 73 | 1.3 | ||
| Total | 5691 | 100 |
| Gender | Number | % | ||
| Female | 3086 | 54.2 | ||
| Male | 2535 | 44.6 | ||
| Juridical persons | 70 | 1.2 | ||
| Total | 5691 | 100 |
As it was mentioned above the past year was notable for the Anti-Corruption Centers and the Anti-Corruption Reception Centers on the assumption of the fact that they started more targeted activities. Specifically in their work the Anti-Corruption Centers conducted exclusively targeted activities attaching priority to the cases that include corruption risks and achieved notable results. Thus, the decrease of the number of the free legal and advocacy services provided by the network of AYLA offices is not quite unexpected and is reasoned by the above mentioned fact.
Statistics of the free legal advice and advocacy services
| Spheres of free legal services | Number of beneficiaries per area |
|
Percentage of beneficiaries | |
| Labor | 499 | 8.8 | ||
| Family | 296 | 5.2 | ||
| Social Security | 633 | 11.1 | ||
| Civil Rights | 1668 | 29.3 | ||
| Civil Procedure | 358 | 6.3 | ||
| Administrative | 218 | 3.8 | ||
| Criminal Law | 109 | 1.9 | ||
| Land Ownership | 172 | 3 | ||
| Health | 69 | 1.2 | ||
| Education and Science | 52 | 1 | ||
| Criminal Procedure | 79 | 1.4 | ||
| Cases including corruption risks | 819 | 14.4 | ||
| Other legal issues | 719 | 12.6 | ||
| Total | 5691 |
- FINANCIAL REPORT ON THE FINANCIAL ASSETS OF THE ARMENIAN YOUNG LAWYERS ASSOCIATION FOR 2012
Other Operating Expenditures
AMD ths.
| 2012 | 2011 | ||
| Salaries | 138,068.50 | 115,423 | |
| Materials | – | 0 | |
| Goods | 5,701.25 | 9,042 | |
| Fuel | 3,420.80 | 2,445 | |
| Provided services | 26,441.86 | 9,441 | |
| State duties | 4.00 | 353 | |
| Property Tax | 147.79 | 166 | |
| Rent | 8,228.00 | 9,033 | |
| Postage and Communication | 6,614.57 | 3,854 | |
| Office and other Utilities | 1,955.99 | 1,919 | |
| Bank services | 31.77 | 205 | |
| Annual depreciation and amortization | 11,769.66 | 11,551 | |
| Travel | 858.70 | 220 | |
| Other Operating Expenditures (Audit and Consultancy services) | – | – | |
| Other Operating Expenditures (Conversion) | 1.00 | – | |
| Force Major | 96 | ||
| Advertisement | 424.91 | – | |
| Court Costs | 58.71 | – | |
| Total | 203,727,552 | 163.749 |
- AYLA BOARD
The Board of the Organization is considered to be the governing body of the Organization in-between the General Assemblies. The composition of the Board is determined at the General Meeting of AYLA members, which is held every two years. AYLA held its X General Meeting on 4 December 2012. The General Meeting elected the Board of the organization: ՆԿԱՐ 13, անլգում
| Name | Title | |
| Karen Zadoyan | AYLA President, Head of AYLA Board | |
| David Abgaryan | AYLA Vice-President, Deputy-Head of AYLA Board | |
| Narineh Karapetyan | AYLA Responsible Secretary, Responsible Secretary of AYLA Board | |
| Garik Hayrapetyan | AYLA Board member | |
| Lusineh Abgaryan | AYLA Board member | |
| Liana Harutyunyan | AYLA Board member | |
| Arpine Yeghikyan | AYLA Board member | |
| Marat Atovmyan | AYLA Board member | |
| Robert Grigoryan | AYLA Board member | |
| Syuzanna Soghomonyan | AYLA Board member | |
| Karen Kocharyan | AYLA Board member |
- CONTACTS
|
Central Office 7 Nalbandyan str. Suite 2, Yerevan Telephone: (+374 10) 54 01 99 Fax: (+374 10) 58 02 99 E-mail: [email protected]
|
AYLA Yerevan Branch Yerevan Anti-Corruption Center Zip Code: 0010, Phone: (374 10) 540199 Hotline: 0 8000 11 10 E-mail: [email protected] |
|
Anti-Corruption Center of Aragatsotn Marz 51 V. Petrosyan Str., apt. 2, Ashtarak, Aragatsotn Marz, RA Phone: (374 232) 26757 Hotline: 0 8000 11 22 E-mail: [email protected] |
Anti-Corruption Center of Kotayk Marz 60 Ogostos 23 Str., Hrazdan, Kotayk Marz, RA Phone: (374 223) 22884 Hotline: 08000 11 19 E-mail: kotayk@ aac.am |
|
AYLA Tavush Regional Branch Anti-Corruption Center of Tavush Marz 4 Ankakhutyan Str. apt. 14, Ijevan, Tavush Marz, RA Phone: (374 263) 40865 Fax: (374 263) 40865 Hotline: 0800 01 113 E-mail: [email protected] |
AYLA Shirak Regional Branch Anti-Corruption Center of Shirak Marz Shirak Marz, RA Hotline: 0 8000 11 21 E-mail: shirak@ aac.am |
|
AYLA Lori Regional Branch Anti-Corruption Center of Aragatsotn Marz Lori Marz, RA Hotline: 0 8000 11 12 E-mail: lori@ aac.am |
Anti-Corruption Center of Ararat Marz 2/4 Charents Str., Ararat, Ararat Marz, RA Phone: (374 234) 60477 Hotline: 0 8000 11 17 E-mail: [email protected] |
|
AYLA Syunik Regional Branch Anti-Corruption Center of Syunik Marz Syunik Marz, RA Hotline: 0 8000 11 14 E-mail: [email protected] |
Anti-Corruption Center of Vayots Dzor Marz 18a Narekatsi Str., Yeghegnadzor, Vayots Dzor Marz, RA Phone: (374 281) 2 20 96 Hotline: 0 8000 11 20 E-mail: [email protected] |