The lawyers of judge
Boris Bakhshiyan, the Judge of First Instance Court of General Jurisdiction of
Syunik province, have applied to the Human Rights Defender of Armenia, noting
that an unlawful criminal prosecution is being implemented against their
client, and that his right to personal liberty was endangered.
According to the lawyers,
the issue concerns the decision making process by the judge (their client)
within his competence acting, on a case which is still pending before the judge
as a body conducting criminal proceedings. The lawyers also noted that the
actions of the criminal prosecution body are an encroachment on the
independence of the judge
The Office of the Human
Rights Defender also studied the statement of the Association of Judges of the
Republic of Armenia which expressed its concern regarding the case of Boris
Bakhshiyan.
The Office of the Human
Rights Defender of Armenia also noted that the Supreme Judicial Council of
Armenia upheld the motions of the criminal prosecution body to initiate
criminal prosecution against the judge and to deprive him of his liberty.
Examining the
circumstances of the complaint of Boris Bakhshiyan's lawyers addressed to the
Human Rights Defender of Armenia, and the statements of the Association of
Judges of the Republic of Armenia and the Prosecutor General’s Office of
Armenia, the Human Rights defender considers it important to note that when
considering the issue of prosecuting a judge and especially depriving their
personal liberty at this stage of the criminal proceeding, it is important to
reveal whether the judge was able to evaluate the circumstances of the cases on
his own initiative, and to decide to detain the person in a case where he is
acting as the body conducting the proceedings
Another important
circumstance in this case is the fact that, as the Defender was notified by the
lawyers, the Prosecutor has not appealed the decision of detention made by the
court, for which the judge is being prosecuted.
The Human Rights Defender
has always criticized the abuse of the practice of denetion as a measure of
restraint by the courts, however, this statement refers to a concrete
situation, and the Judge’s competence to make a decision in that situation, and
at the same time, the legality of the criminal prosecution conducted against
the judge by the law enforcement body. This issue has a systemic importance
also from the viewpoint of the independence of the judicial authority.
According to the Human
Rights Defender, an important circumstance that needs to be revealed is the
insistence of the lawyers that the criminal prosecution against Boris
Bakhshiyan is related to his release from detention of a person during another
case. There is a reference to this case in the Association of Judges of the
Republic of Armenia.
Based on the complaints
of the lawyers, a letter will be addressed to the relevant criminal prosecution
body.
Mr. Arman Tatoyan
The Human Rights Defender
of Armenia
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