{"id":5323,"date":"2020-01-10T17:10:03","date_gmt":"2020-01-10T13:10:03","guid":{"rendered":"https:\/\/armla.am\/en\/?p=5323"},"modified":"2020-01-11T17:58:06","modified_gmt":"2020-01-11T13:58:06","slug":"statement-on-public-discussion-on-application-of-international-experience-of-forming-and-operating-a-fact-finding-committee-and-possible-conceptual-approaches","status":"publish","type":"post","link":"https:\/\/armla.am\/en\/5323.html","title":{"rendered":"Statement on Public Discussion on Application of International Experience of Forming and Operating a Fact-Finding Committee and Possible Conceptual Approaches"},"content":{"rendered":"

On September 27, 2019, the Head of the EU Delegation to Armenia welcomed the adoption of the 2019-2023 Strategy for Judicial Reforms in the Republic of Armenia (hereinafter referred to as “the Strategy”), which fully complies with international experience and the bilateral commitments in this area, envisaged by the EU-Armenia Comprehensive and Extended Partnership Agreement (hereinafter referred to as “CEPA”).<\/p>\n

The development of the strategy was carried out under the active cooperation of the government with civil society.\u00a0The CSO Anti-Corruption Coalition of Armenia (hereinafter referred to as the Coalition) and especially the Armenian Lawyers\u2019 Association (hereinafter referred to as the ALA) which coordinates the Coalition Secretariat played an active role in this cooperation.\u00a0The ALA and the Coalition member CSOs have undertaken extensive work in the process of developing the Strategy for its adoption.\u00a0In particular, in the scope of the EU-funded \u201cCommitment to Constructive Dialogue\u201d the successful and failed international experience of various institutions and tools, the Armenian context were examined, and based on them the evidence based proposals for transitional justice and the introduction of its tools in Armenia have been presented.<\/p>\n

The Coalition,\u00a0 whose future vision is to build a happy, harmonious, and corruption-free society<\/strong>, has shown the will and consistency aimed to create the transitional justice system in the country and to make it operational as soon as possible with its whole toolset. In pursuit of that goal the Coalition:<\/p>\n

    \n
  1. On 28 November, 2018 in cooperation with the Government of the Republic of Armenia held a Forum\u00a0<\/a> of civil society and government entitled\u00a0\u201cThe Possibilities of Introducing Mechanisms of Transitional Justice in the RA in the Light of International Experience\u201d<\/strong>.<\/li>\n
  2. In January 2019, the Coalition established an \u201cAd Hoc Transitional Justice Committee in Armenia\u201d, one of the main goals of which is to organize fact-finding work within the framework of transitional justice.<\/li>\n
  3. On 21 February, 2019, the ALA prepared and published the report<\/a> <\/strong>on\u00a0“The Applicability of Transitional Justice Mechanisms in the Republic of Armenia in the Light of International Experience”\u00a0<\/strong>(hereinafter referred to as the Report), which aimed to present the essence of transitional justice and its applicability in Armenia, the current international experience with successful and failed examples in different countries, tools, mechanisms and institutes applied, as well as a comparative-analytical approach to identifying transitional issues in Armenia and the most effective model with least risks applicable to justice in case of execution.<\/li>\n
  4. During the 24 May, 2019,\u00a0hearings\u00a0at the\u00a0National Assembly<\/strong>, Coordinator\u00a0of the\u00a0Coalition Secretariat, President of the ALA Karen Zadoyan acted as the key speaker<\/a> from the civil society, Chairman of the Governing Board Arkadi Sahakyan<\/a>, Coalition Governing Board Member Movses Aristakesyan<\/a> and other Coalition experts delivered speeches on the use of different transitional justice mechanisms.<\/li>\n
  5. At the October 10, 2019 session, the Government of the Republic of Armenia approved the Strategy, which included part of the Report’s recommendations on the possible introduction of transitional justice in the Republic of Armenia by the period of application, the scope of the cases and the mechanisms of implementation.\u00a0In particular, the recommendations made in the Criminal Justice Division included\u00a0the creation of a specialized Court for the Investigation of Corruption<\/strong>\u00a0and the Truth Search Section – the establishment of a\u00a0Truth and Reconciliation Commission<\/strong>.<\/li>\n<\/ol>\n
      \n
    1. On the 10 October, 2019 session, the Government of the Republic of Armenia approved the\u00a0\u201cJudicial and Legal Reforms\u2019 Strategy of the Republic of Armenia and its Implementation Action Plan for 2019-2023\u201d<\/strong> presented by the Ministry of Justice of\u00a0the Republic of Armenia(hereinafter referred to as the Strategy<\/strong>), in which the recommendations of the report by the period of application, according to the scope of application and the mechanisms of application were partially incorporated. Specifically, the recommendations in the criminal justice section on the establishment of a specialized court investigating corruption crimes<\/strong>; and Truth and Reconciliation Commission in the section of the truth seeking process<\/strong>.<\/li>\n<\/ol>\n

      Prior to\u00a0the adoption of the\u00a0Strategy, in line with the Government Program provisions and the\u00a0commitments enshrined in the<\/strong>\u00a0EU-Armenia CEPA, the<\/strong>\u00a0Government’s\u00a0policy statements\u00a0on engaging and collaborating in a constructive environment with civil society organizations\u00a0inspired confidence\u00a0that the Government would continue to work closely with the CSOs actively involved in the process, including with the Coalition which joins\u00a071 CSOs.<\/strong><\/p>\n

      However, as developments have shown,\u00a0these high-profile political statements in addition to failure to be called to life, \u00a0there has been a failure to maintain the evidence based \u00a0format of cooperation with key actors in a number of crucial processes since the initial stage of strategy implementation.\u00a0This policy was manifested\u00a0in the\u00a0following actions:<\/strong><\/p>\n

        \n
      1. The adopted version of the strategy, does not include a group of Coalition recommendations based on the international experience, which concern to the full implementation and operation of all 4 mechanisms of the transitional justice system in Armenia, as well as to the formation of institutional structures to fight corruption, and guaranteeing their institutional independence from the very initial stage.<\/strong><\/li>\n
      2. Representatives of the Coalition and the ALA were not invited to participate in the public discussion on \u201c<\/strong>Application of International Experience of Forming and Operating a Fact-Finding Committee and Possible Conceptual Approaches in the scope of the 2019-2023 Strategy for Judicial Reforms\u201d organized on<\/strong> 26 December, 2019, by the \u201cCenter of Legislation Development and Legal Researches\u201d of the Ministry of Justice of RA. A\u00a0statement<\/a>\u00a0issued by the Ministry of Justice on the aforementioned public hearing\u00a0indicated that CSO representatives participated.\u00a0However, our observation showed that the majority of CSOs participating in the discussion had never been involved in strategy development, or improvement work; and CSOs Community are not aware of their legal knowledge and\/or practice.\u00a0\u00a0<\/strong><\/li>\n<\/ol>\n

        The above allows the Coalition to conclude that by their actions, the Armenian political authorities are driving a wedge in cooperation with specialized CSOs with serious contributions to the architecture of anti-corruption policy and transitional justice in the country; instead using mainly loyal to political authorities and politicized CSO representatives as a veil of constructive dialogue.<\/strong><\/p>\n

        Based on the above said, the Coalition calls on the political authorities:<\/p>\n

          \n
        • Reaffirming their commitment to the implementation of the values <\/strong>\u200b\u200b<\/strong>of the velvet revolution, to collaborate with CSOs that have made a significant contribution to the implementation of judicial reform, the fight against corruption and implementation of transitional justice by forming a unified agenda for transitional justice in the country;<\/strong><\/li>\n
        • Urgently undertake the development of the concept of transitional justice in Armenia and the development and implementation of an action plan based on it, which will include necessary, realistic and evidence-based measures with all four mechanisms for implementation of transitional justice:<\/strong>\u00a0 Criminal Prosecutions, Truth-seeking, Reparations, Institutional Reform.<\/li>\n<\/ul>\n

          Governing Board of the CSO Anti-Corruption Coalition of Armenia<\/strong><\/p>\n

            \n
          1. \u00a0\u201cNGO Center\u201d Civil Society Development NGO – Arpine Hakobyan,<\/li>\n
          2. \u201cArmenian Lawyers\u2019 Association\u201d – Karen Zadoyan,<\/li>\n
          3. \u201cUnion of Advanced Technology\u201d – Arkadi Sahakyan,<\/li>\n
          4. \u201cCenter for Economic Rights\u201d – Movses Aritsakesyan,<\/li>\n
          5. \u201cArmenian Association of Young Doctors\u201d, – Gevorg Grigoryan,<\/li>\n
          6. \u201cRight and Freedom Center\u201d – Sona Harutyunyan,<\/li>\n
          7. \u00a0\u201cTukhmanuk Human Rights and Education Center\u201d – Mary Chakhoyan,<\/li>\n
          8. \u201cUnion of Communities of Armenia\u201d – Emin Yeritsyan,<\/li>\n
          9. \u201cSupport for Equal Opportunities Foundation\u201d – Hayk Margaryan.<\/li>\n<\/ol>\n

            The statement was accepted as of 30 December, 2019.<\/em><\/p>\n

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