Investigation of a torture case has been recognized
ineffective and judgments of lower courts are quashed by the Cassation Court of
Armenia, inter alia, based on the jurisprudence of the Armenian Human Rights
Defender as National Preventive Mechanism.
It is evident that the
jurisprudence of the Human Rights Defender is used in the judicial system
of our country, and this time it was done by the Criminal Chamber of the Court
of Cassation. Our jurisprudence is widely used by our advocate
colleagues as well.
This is an international best experience.
It is an indicator of the legal
authority and efficiency of Ombudsman [Human Rights Defender] of any country when
their jurisprudence is implemented in judicial system and affects the outcomes
in concrete cases. With this, the Human Rights Defender fully fulfills his
constitutional mission to promote the improvement of the legal system.
This time the Criminal Chamber of the
Court of Cassation quashed (ԵԱՔԴ/0172/11/17) and amended the decisions of the
Court of First Instance and the Court of Appeal, and obliged the body
conducting the criminal proceedings to restore the applicants' rights. This judicial
act was published recently.
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