Communication | Doc. 13798 | 01 June 2015
Election of judges to the European Court of Human Rights{In accordance with Article 22 of the European Convention on Human Rights.}
List and curricula vitae of candidates submitted by the Government of Armenia
1. List and curricula vitae of candidates submitted by the Government of Armenia
Letter from Mr Armen Papikyan, Ambassador of Armenia to the Council of Europe, to Mr Wojciech Sawicki, Secretary General of the Parliamentary Assembly, dated 12 May 2015
[…]
I have the pleasure to submit a list of three candidates in alphabetical order for the position of judge in respect of Armenia, their curricula vitae and the description of the procedure by which the candidates were selected.
- Mr Arayik GHAZARYAN
- Ms Liana HAKOBYAN
- Mr Armen HARUTYUNYAN
[…]
Information on national selection procedure for the position of a judge of the European Court of Human Rights
1. Overview
In August 2014, a Presidential decree (No. NH-199-N) (hereinafter “the Decree”) was adopted, which:
By its decisions the Commission prescribed the eligibility criteria of candidates, list of documents for submission, criteria and rules of evaluation of candidates.
The first Competition took place from September 3 (the Commission announced the public call) to October 13, 2014 (the President accepted the Commission’s nominations and by Decree no. NH-543-A approved the list of three candidates).
After consultations, the approved list of candidates was revoked by a Presidential decree (no. NH-2-A) on January 12, 2015.
The second Competition was announced on January 28, 2015, and the procedure is described below.
2. The Commission
The Commission consists of 9 ex officio members:
The Ministry of Justice (hereinafter “the Ministry”) serves as the Secretariat of the Commission. The Commission carries out its tasks through meetings. The quorum required is 5 members.
3. The Eligibility Requirements
3.1. Criteria for Selection
The Decree provides that the candidates must meet the requirement of Article 21 of the European Convention on Human rights, particularly, shall be of high moral character and possess the qualifications required for appointment to high judicial office or be jurisconsults of recognized competence.
In the Republic of Armenia the positions of a judge of the Court of Cassation (as the highest court instance of the system of courts of general jurisdiction) and a member of the RA Constitutional Court (as the highest court instance for matters of constitutional justice) are deemed as high judicial offices.
Pursuant to Article 139 of the RA “Judicial Code” the citizens of the Republic of Armenia who have an academic degree doctor in Law and have been constantly teaching law at higher educational institutions for the recent five years or works at a scientific institution can be included in the promotion list for appointment as a judge of the Court of Cassation. Pursuant to Article 3 of the RA Law “On Constitutional Court” a citizen of the Republic of Armenia who is 35 years of age and has the right to vote and has no citizenship of any other country, has completed a higher legal education or has an academic degree in Constitutional Law, as well as has at least ten years’ work experience in law and a command of the Armenian language, can become a member of the Constitutional Court.
3.2. Eligibility Requirements
The requirements for eligibility:
The Commission created possibilities to enable not only the representatives of the judicial system, but also prosecutors, lawyer, scholars and others, who would meet the minimum formal requirements, to participate in the Competition. The Commission certainly took into account that, to occupy the position of a judge to any European judicial body, judicial experience is in principle required. However, this does not imply that the judicial experience is an absolute requirement, and a lack of such experience should be compensated for by other qualities of the candidate for the post.
The person is not eligible if:
4. The Procedure
The procedure of selection is divided into 6 stages:
4.1. Public Call and Reception of Applications
The public call of applications for the second Competition was announced on January 28, 2015 . The call was published in the Official Gazette of the Republic of Armenia ’’Hayastani Hanrapetutyun’’, was posted in the official websites of the Ministry of Justice (moj.am), Judiciary (court.am), public announcements website (azdarar.am). The call was widely circulated in paper, by internet and social media.
The call particularly included detailed information about the application process, the requirement for the qualification as judge at the ECtHR, including linguistic competences, list of document to be submitted, deadline of submission, criteria of evaluation.
Persons wishing to be nominated as candidates for the position as judge at the ECtHR were invited by the Commission to submit their applications to the Ministry of Justice no later than February 17, 2015. Applicants were invited to submit their applications either in person (handing to the Ministry) or by post (sending to the Ministry). Application in person could be submitted either by the applicant or by his agent (under Power of Attorney).
In total, 15 applications were received from 6 to 17 of February. The received applications were recorded in the registration book. The Ministry posted the photocopy of the registration book in its official website on daily basis, indicating the names of applicants, the date and time of submission and other relevant information.
4.2. Requirements and Documents Consistency Verification (Eligibility Verification)
On 19 February 2015, the Commission carried out the eligibility verification. One applicant (Mrs. Haykanush Parsamyan) did not pass the verification process, as she did not meet one of the positive requirements of eligibility (point 3). The applicant did not challenge this decision.
The Commission invited the rest of the candidates (14) to interviews on 26-27 February 2015. On 20 February, the list of candidates invited to interviews was published.
4.3. Interview
The detailed rules of the candidate’s interview are stipulated in the Commission decision. In particular:
The interviews were carried out on 26-27 February 2015 in the building of the Court of Cassation. Eight candidates were interviewed on February 26, and six candidates – on February 27.
On each interview 7 to 8 members of the Commission were present. The members of the Commission evaluated only those candidates, whose interviews they had fully participated in.
On its meeting of February 19, 2015, the Commission approved the instruments of ensuring transparency and publicity of interviews, namely:
3 NGOs and 8 media had notified for attendance to the interview. Additionally, 1 media, which had not notified properly, was given access to interview. No media or NGO representative was denied an access to the interview. The broadcast hall worked properly throughout the whole interviewing process . Furthermore, the attendees were not denied of the opportunity for audio recording not only in the broadcasting hall, but also in the interview hall.
4.4. Evaluation of Candidates
After the evaluation, the Commission came up with the following figures:
4.5. Comprisal of the Short List of the Winning Candidates
After the evaluation the Commission moved to comprisal of the short-list of the winning candidates. Since first, second and third highest evaluated candidates were of the same gender (males), the Commission unanimously decided to enforce paragraph 27 of the Decree, which sets forth a gender-representation measure. In particular, the highest evaluated representative of under-represented gender (in this case – females) is to be included into the list, replacing the third evaluated candidate.
The highest evaluated female candidate was Mrs. Liana Hakobyan. Thus, she was included into the list by replacing Mr. Vigen Kocharyan.
Accordingly, the Commission comprised the following short-list of the winning candidates:
4.6. Submission of Proposed List of Three Candidates to the President and Its Endorsement
The Commission empowered the Minister of Justice to present the proposed list of candidates to the President of Republic of Armenia in compliance with paragraph 33 of the Decree. On March 3, 2015 the Minister of Justice presented the list of the winning candidates to the President of Armenia. The President accepted the Commission’s nominations and on 7 March, 2015 approved the list by Decree no. NH-232-A.
Evaluation criteria
Requirement (maximum score) |
A – Personal qualities (20) |
B – Professional qualities (55) |
C – Language skills (25) |
||||||||||||||||
A1 |
A2 The fundamental values of the Convention (15) |
B1 Professional knowledge (15) |
B2 Professional skills (10) |
B3 Profes-sional expe-rience (20) |
B4 Profes-sional authority (10) |
C1 Main language skills (20) |
C2 |
||||||||||||
A2-1 |
A2-2 |
A2-3 |
B1-1 |
B1-2 |
B1-3 |
B2-1 |
B2-2 |
B2-3 |
B3-1 |
B3-2 |
B4-1 |
B4-2 |
C1-1 |
C1-2 |
C1-3 |
C1-4 |
|||
Maximum score |
5 |
5 |
5 |
5 |
3 |
5 |
7 |
3 |
3 |
4 |
10 |
10 |
5 |
5 |
5 |
5 |
5 |
5 |
5 |
A1 – Sense of justice
A2 – The perception of and attitude towards the fundamental values of the Convention
A2-1 – Perception of and attitude towards justice
A2-2 – Perception of and attitude towards non-discrimination and equality
A2-3 – Perception of and attitude towards democracy
B1 – Professional knowledge
B1-1 – National law knowledge
B1-2 – International public law knowledge
B1-3 – Knowledge on the Convention and the Court’s jurisprudence
B2 – Professional skills
B2-1 – Ability to think analytically and logically.
B2-2 – Ability to comprehend and react fast and to find productive solutions
B2-3 – Ability to the value-based and systemic thinking
B3 – Professional experience
B3-1 – Additional education on International Public Law and Human Rights, scientific degrees, Human Rights trainings
B2-2 – Teaching experience
B4 – Professional authority
B4-1 – Activity in significant affairs in the field of law, professional contribution to the development of law
B4-2 – Research, Publications, International Conferences
C1 – Main language skills
C1-1 – Ability to comprehend the main language text and explain in Armenian
C1-2 – Ability to read the main language text and translate properly into Armenian
C1-3 – Ability to translate the Armenian text into the main language and writing skills
C1-4 – Ability to communication on legal issues in the main language
C2 – Ability to comprehend the meaning of a geniune text in the second language and describe it in Armenian
Appendix 1 – Arayik GHAZARYAN
(open)CURRICULUM VITAE
I. Personal details
Name, forename: Ghazaryan, Arayik
Sex: Male
Date and place of birth: 25 December 1967 Yerevan, RA
Nationality: Armenian
II. Education: academic and other qualification
- American university of Armenia, Master of Law 06/12/2001
- International Independent University of Ecology and Political Science, Bachelor of Law 06/06/1997
- Yerevan State University, Eastern language and literature 25/06/1992
- University of Oxford, Summer course on Media law (2002)
- British East-West Center (NGO), London, Courses on ECHR
- US Department of State, National Foreign Affairs Training Center. Certificate for Completion of Corresponding Course on Immigration law and Nationality (1997)
III. Relevant professional activities
a. Description of the judicial activities
For judicial activities see the three subparagraphs below under section “Activities and experience in the field of human rights”
1.1. Proceedings at the European Court of Human Rights
1.2. Proceedings at the RA Constitutional Court
1.3. Proceedings at the RA Court of Cassation (reopening of cases)
b. Description of non-judicial legal activities
1. Teaching fundamentals of ECHR and the case law of the ECtHR
1.1. Justice Academy
I teach at the Justice Academy of Armenia on contract basis since March, 2014. I teach the “Fundamentals of ECHR and the case-law of ECtHR”. My students are the prosecutors, candidate prosecutors, judges, candidate judges and judicial servants (judicial assistant). Starting from January 2015, the investigators will also be involved in the training courses.
My scope of work as a lecturer includes also drafting course syllabus and teaching materials such as case studies, MCQs (multiple-choice question tests), Power point presentations, evaluation questionnaires, etc.
Between September 2 and 5, 2014 I took part in the study visit to Strasbourg.
Currently, I work on drafting ECHR training modules for the Academy as a national consultant at the Council of Europe joint program with the Government of Denmark for conducting needs assessment mission to draft report and recommendations to review the Human Rights training modules (including e-learning and distance learning modules) of the Justice Academy of Armenia.
1.2. Prosecutor’s School
From 2008 to 2013 I lectured at the Prosecutor’s school on contractual basis. In this respect I attach herewith copies of my contracts. I taught ECHR and the case-law of ECHtR. I lectured specifically on ECHR articles 2, 3, 5 and 6. My students were the prosecutors, candidate-prosecutors and CSI investigators (Cases of Special Importance). At times prosecutors from the Republic of Nagorno-Karabakh also took part in the educational courses.
During the teaching at the Prosecutor’s school I drafted more than 100 teaching materials, including case studies, MCQs, handouts, evaluation questionnaires. I drafted case scenarios and scripts to more than two dozens of educational films produced in six collections and covering such ECHR areas as prohibition of torture, detention as a preventive measure, operative investigative activities (police surveillance), right to fair trial, typical violations occurring at pretrial stage of the proceedings, the “Sole and Decisive” rule under Article 6, use of force in conducting an arrest, etc. Electronic educational materials as well, such as case studies and MCQs based on articles 3, 5, and 6 were created during this period which were used during the teaching courses or at the time of final exams.
1.3. Judicial School
From 2008 to 2013 I taught at the Judicial School of Armenia. I taught Fundamentals of ECHR and the case-law of the ECtHR, as well as the case-law and decisions of the Constitutional Court of RA. My auditors were judges (from all courts except for the Court of Cassation), including candidate-judges and judicial servants (assistants to judges and court researchers).
My scope of work as a lecturer included also drafting training curriculums and various teaching materials (more than five dozens) such as case studies, MCQs, handouts, Power Point presentations, case-briefs, translations of ECHR decisions and judgments, etc. Those materials covered mainly articles 2, 3, 5 and 6 of the Convention. Besides, I sorted out the Court of Cassations decisions, in which references were made to ECtHR’s case law, and handed them out to trainees for their educational use and for the use in practice. The mentioned educational materials were used both in the course of the studies and in final exams as well.
1.4. Training the community of advocates
From 2003 to 2013 I periodically taught ECHR law for advocates (practicing lawyers) within the framework of various training programs organized by donor organizations (American Bar Association, OSCE, US Justice Department, EC, UN, etc). In this respect I attach the copy of my first contract. As the fact of my activities in relation with teaching the lawyers is widely known, I do not attach all of them. At present I have an invitation from the RA Chamber of Advocates to teach ECHR law at the School of advocates of the RA. I drafted the School of advocates’ first teaching module on human rights. I prepared several dozens of educational materials for advocates, including electronic collections on different human rights areas such as, for example, the electronic map of preventive detention (see at http://armlex.am/?page_id=714).
1.5. Human rights NGOs
From 2003 until present I periodically teach human rights defenders and lawyers from various human rights non-governmental organizations. The main topic of the courses has been the ECHR and the case-law of ECtHR, and other European human rights mechanisms (e.g. Revised European Social Charter). On average, once or twice a week human rights defense organizations invite me to conduct training courses for their employees on ECtHR case-law.
As this fact is widely known among human rights organizations, I do not attach contracts because there are lots of them. I have developed educational materials for such groups as well. For instance, in 2010 I prepared a training module consisting of 32 training sessions (21 thematic areas) for Helsinki Citizens’ Assembly Vanadzor office. I prepared 3 modules on ’’Prohibition of discrimination’’ within the framework of the CoE 12-day Training of Trainers (ToT) programme for advocates and human rights defenders, which the trainees took as a ground for conducting their further courses in their cascade training sessions. These modules are posted at the Council of Europe’s HELP educational portal (see http://help.ppa.coe.int/course/index.php?categoryid=49).
1.6. Teaching abroad
From October 2013 to January 2014 I conducted 12-day training courses in Moldova for local human rights defenders and advocates on prohibition of discrimination under ECHR and Revised European Social Charter. The organizer was the CoE office in Moldova.
In March 2007 I conducted a one-week training course for Ukrainian advocates in Kiev. The main themes were detention as a preventive measure and article 5 of the Convention. The organizer was the American Bar Association.
2. Editor-in-chief of law journal ’’Newsletter of the European Court of Human rights’’
In 2006 I founded a law journal titled ’’The Practice of the European Court of Human Rights’’ (which was renamed later to ’’Newsletter of the European Court of Human rights’’). The journal published ECtHR decisions, case-briefs, CoE recommendations, resolutions, documents of different CoE bodies, opinions, scholarly articles, etc. I attach hereby copies of the first and last pages of some editions of the law journal.
3. Founding member and deputy director of ’’Arni Consult’’ law firm
I am a founding member of “Arni Consult” law firm, where I work as a legal consultant and legal expert. I work on cases where people seek legal protection against natural or legal persons of foreign states (USA, Germany, Russia, Italy). Certain caseload of the law firm raises human rights violations.
4. Legal expert and head of projects at ABA CEELI Armenia
From November, 2004 to November 2007 I worked at ABA CEELI as the head of programs and as an expert on ECHR. I was engaged in the judicial reforms programs which gave me an opportunity to be directly involved in judicial reforms of Armenia in 2004-2007 (e.g. introduction of the doctrine of rule of precedence, development of new judicial institutions, adoption of the Judicial Code, introduction of new procedural doctrines).
5. Assistant to Consul at the US Embassy in Yerevan
In the period from 1992 to 2004 I worked at the embassy as an assistant to US Consul. During that period from 2002-2004 I was engaged also in the judicial reforms programs which was managed by the US embassy and the General Prosecutor’s office of Armenia. As a consular assistant, my duties touched upon various issues concerning public and private international law. I was directly involved in such activities as deportation, extradition, exchange of criminals, visiting foreign citizen under detention, compensation claims against foreign diplomatic mission for damages, seeking legal assistance from foreign state on conduction of investigative actions in the territory of another state within the framework of international mutual assistance treaty ((as well as in the absence of such treaty), international adoption, international child abduction, ratification of documents, and other processes.
IV. Activities And Experience in The Field Of Human Rights
1. Human right protection
1.1. Proceedings at the European Court of Human rights
Since October, 2002 when I filed my first case Meltex Ltd. (no. 37780/02) against Armenia I have been involved in taking human rights cases to the European Court of Human Rights.
In general, I worked on 116 cases and won in 16 cases (my name is not included in 4 of those cases because of some technical problems (see the Court decisions no. 40094/05, 33376/06, 31553/03, 23341/06, 35944/03, 35738/03, 32283/04, 44837/08, 22390/05, 41698, and 31237/03). In addition, 8 cases were communicated and are currently pending before the Court (no. 7984/06, 29736/06, 44841/08, 63701/09, 44765/08, 10607/10, 42588/10, 49012/08). The Chamber declared inadmissible four of the applications (no. 45199/09, 23693/03, 22382/05, 37784/02/ and 37780/02). Four applications were given priority by the Court (44326/13, 44331/13, 44335/13, 44338/13), and one application was communicated under article 39 of the Rule of Court (no. 61737/14). My name is not mentioned in some cases where I acted as a legal adviser at the stage when the case was communicated to the government and I was asked to be involved in order to respond to the observations of the Government and draft the compensation claim. One of such cases is the CHAP Ltd. v. Armenia case (see no. 15485/09). There are approximately twenty of such cases in which I was involved but my name was not included.
The cases that I worked on raised systemic problems such as the practice of administrative detentions, failure of the regulatory body to justify its decisions in broadcasting licensing competitions, the practice of prolonged preventive detentions and detentions without court order, failure by police to carry out effective investigation on discriminatory grounds, violation of presumption of innocence in the decision of discontinuing criminal proceedings, other issues involving fair trial such as the right to examine witnesses at trial, failure to hold public hearing, the concept of ’’criminal charge’’ under article 6, access to court and other issues.
1.2. Proceedings at the Constitutional Court of Armenia
RA Constitutional Court made approximately 30 decisions in the basis of the claims brought by me and my colleague Artak Zeynalyan. My name is included in 13 decisions (see decisions SDV-1121, SDV-1114, SDV-1099, SDV-1074, SDV-1063, SDV-1052, SDV-1010, SDV-990, SDV-984, SDV-918, SDV-872, SDV-871, SDV-866) (my name is not included in all of the decisions for two reasons; first, some of the applications were filed to the Constitutional Court through the Ombudsman, second, I was not present at the hearings and in accordance with the established practice my name was not inserted in the court decision).
Among the above 30 cases, only one was rejected while in the remaining decisions the Constitutional Court either declared unconstitutional the disputed norm or interpreted it under constitutional doctrine which changed the practice or prompted the law makers to amend the laws.
The above decisions raised systemic problems in various areas such as case reopening proceedings after ECtHR or Constitutional Court decisions, lack of substantive grounds for moral damage in the Civil Code, excessive confidentiality in the concept of “State and Official Secret”, grounds of acquittal in criminal procedure, the procedures and substantive grounds of amending or waiving charges by the prosecutor during trial proceedings. All of the mentioned applications were drafted on the basis of the ECtHR case-law.
1.3. Proceedings before the Court of Cassation (case reopening proceedings).
Several applications were brought to the Court of Cassation for reopening of proceedings on the basis of the judgments by ECtHR and the Constitutional Court decisions having constituted as a “new fact”. In almost all of the cases the Court of Cassation instituted case reopening proceedings and in several of them it found the past decisions of the above two courts as a “new fact”. On this ground, the Cassation Court quashed the past decisions of the lower courts and remanded the case to first instance court for de novo new examination.
I submitted such applications with respect to the criminal case no. VB/05/13 (following the ECtHR decision of Grisha Virabyan); criminal case VB/01/13 (on the ground of ECtHR decision of Ararat Muradkhanyan), in which I acted as a legal adviser; 5 civil cases no. ARAR2/0081/02/08, 3-10(TD), 3-7(VD), 3-11(TD) and 3-123(VD) (on the ground of ECtHR and RA Constitutional Court decisions on Meltex Ltd. case); on criminal case no. VB/04/13 (on the ground of ECtHR decision of Artak Gabrielyan. In this case, the applicant Artak Gabrielyan was eventually acquitted by Avan and Nor Norq Court of First Instance); on administrative case EShD/0001/05/10 (on the ground of ECtHR decision of Maxim Gasparyan); on criminal case EQRD/0205/01/08 (on the ground of RA Constitutional Court decision of Aram Bareghamyan); criminal case EKD/0106/01/08 (on the ground of RA Constitutional Court decision of Ashot Manukyan); criminal cases EKD/0025/11/11 and EKD/0033/15/11 (on the ground of RA Constitutional Court decision of Gayane Ashughyan); and on administrative case VD/1314/05/10 (on the ground of RA Constitutional Court decision of Helsinki citizens’ assembly Vanadzor office). In all of the above-mentioned applications the ECtHR case law was cited widely.
2. Activities as an ECHR expert
2.1. National consultant at the Council of Europe joint program with the Government of Denmark for conducting needs assessment mission to draft report and recommendations to review the Human Rights training modules (including e-learning and distance learning modules) of the Justice Academy of Armenia (former school of judges and prosecutors) (March, 2014-present).
2.2. National expert in the CoE program of ’’Strengthening the capacity of RA Court of Cassation with the aim of enhancing the efficacy of application at national level of ECtHR judgments (January, 2014-present).
2.3. National expert in the Eurasia foundation program ’’Towards the Adoption of Discrimination Legislation’’ (September, 2014-present). As an expert I surveyed the adverse effect of not availability of a distinct non-discrimination law in Armenia. The survey was published and currently is the subject of discussions among professional groups.
2.4. International expert and trainer at the joint program of the Council of Europe with the European Union on a 12-day non-discrimination ToT training in Moldova for local trainers (attorneys and human rights activists) (Oct 2013 – January 2014)
2.5. Local expert and trainer at the joint program of the Council of Europe with the European Union on a 12-day non-discrimination ToT training in Armenia for local trainers (attorneys and human rights activists) (Oct 2013 – February 2014), including drafting guideline for attorneys for litigating discrimination cases before national courts.
2.6. EU program ’’From judicial system to independent judicial power’’, within the framework of which monitoring on the execution by Armenia of ECtHR judgment was carried out and it resulted in the preparation of draft laws to enhance the execution of judgments. I acted as an ECtHR expert in the program by ’’Femida’’ NGO (July, 2013-July 2014).
2.7. Expert and head of program ’’Monitoring of the execution by Armenia of ECtHR decisions’’. OSCE office in Armenia (June 2010-June 2013).
2.8. National expert in the CoE program ’’Access to Justice’’- I took part in the preparation of training modules of the newly founded School of advocates. I drafted the human rights module (2010-2011).
2.9. ’’European concept of the rights and obligations of trade unions’’- comparative research. Expert ’’Ecolodemo’’ NGO.
2.10. Strategic litigation to tackle the domestic practice of preventive detentions and ill-treatment under police. I acted as an ECHR expert. Helsinki association NGO (April, 2010-May, 2012).
2.11. Expert and head of the program ’’Human Rights Mentorship Program’’. The aim of the program was to conduct mentoring for human rights defenders with respect to local court cases raising significant public interest. ’’Open society foundation’’ and the ’’Rule of law’’ NGO (2010-2012).
2.12. ’’Freedom of Expression or Defamation? Where is the Balance’’-monitoring of defamation court cases. I acted as ECHR expert. ’’Rule of law’’ NGO (2011-2013)։ See at http://armlex.am/?page_id=2014.
2.13. ECHR expert in the following joint projects by Helsinki Citizens’ Assembly Vanadzor office and the ’’Rule of law’’ NGO:
2.13.1. ’’Use of Force During Arrest’’ (January-May 2011),
2.13.2. ’’Witness protection’’ (July-November 2011),
2.13.3. ’’Right to Life and Domestic Legal Remedies’’ (January-May, 2012),
2.13.4. ’’Penitential law’’ (January-June, 2013),
2.13.5. ’’Assessment of the strategic program of the organization’’ (October, 2010–May, 2011) (see http://hcav.am/wp-content/uploads/2012/07/datakan_gorcer.pdf).
3. Activities as a member of the ’’Information disputes Council’’
In 2011 Information Dispute Council, composed of 5 members, was established by the initiative of the Ombudsman of Armenia. The aim of the initiative was to provide independent professional opinions on defamation court cases. During its 3-year activity the Council has published 37 opinions all of which were based on the decision of the Constitutional Court no SDV-997, the case law of the Court of Cassation and the ECHR, as well as the corresponding decisions of first instance courts. As a Council member I took part in drafting all of the opinions, including the relevant research and survey work. All the decisions are posted in the Council’s website http://www.idcarmenia.am/ and are also published.
In addition to the above, I drafted recently with my colleague a manual titled ’’Defamation and insult’’ based on the ECHR and national case law intended for journalists, lawyers and human rights defenders, which is available online (see at http://issuu.com/lianadoydoyan/docs/book_2014).
4. Activities in the ’’Rule of law’’ NGO
In 2011 I and my two colleagues founded the above-mentioned NGO. The NGO’s activity is summarized in the website http://armlex.am/?page_id=1153. The NGO carries out activities in the following fields:
- Lawmaking practice
- Advocacy
- Strategic litigation
- Legal issues raised through Constitutional Court decisions
- Legal issues raised through ECtHR decisions
- Legal issues raised through applications lodged with domestic courts
- Research on human rights
- Lecturing
The organization and its members are part of the following institutions and organizations:
- South-Caucasian network of human right defenders,
- Human rights House, Yerevan, Armenia
- Information dispute council,
- Scientific and analytical center of the Chamber of Advocates,
- Public council under the Minister of Justice,
- Public council under The Minister of Education and Science
Respondents in judicial cases of our organization are:
- The Republic of Armenia
- The Republic of Azerbaijan
- The Republic of Ukraine
- United States of America
- Italy
- President of RA
- National Assembly
- RA Government
- Central electoral commission of Armenia, The National Committee of Television and Radio
- State organs, including ministries (Ministry of foreign affairs, Ministry of defense), the Special investigative service, Bodies under the Government (Police, National security service, State income committee).
5. The ’’Forum’’ law center (NGO)
On February 2, 2004 I founded the ’’Forum’’ law center with the aim of carrying out human rights advocacy. I stayed in the organization until February, 2009, after which I left the organization. Within the framework of my activities in the organization I carried out a 5-year strategic litigations project with the European Court with the UK based human rights organizations KHRP (Kurdish Human Rights Project) and BHRC (Bar Human Rights Committee). During this period annual seminars on ECHR case law were systematically held in Yerevan and London. The organization brought around 40 cases at the domestic level and to the ECtHR.
6. Mentoring activities with human rights organizations
Mentoring is an essential part of my activity. I and my colleagues cooperate with more than a dozen human right organizations and initiative groups, thus helping and providing guidance to their lawyers in their advocacy activities. We draft sample claims, applications, motions for court proceedings and administrative proceedings before public bodies. We consult them concept solutions in their advocacy activities, as well as organize for them round table discussions and training seminars. Quite often we participate with them in judicial proceedings by sharing our experience on a given matter.
V. Public activities
None.
VI. Other activities
None.
VII. Publication and other works
- “The right to life in Armenia after abolishment of death penalty”. Vanadzor, July 2012. “Helsinki Civil Assembly of Vanadzor” NGO. Also available at http://armlex.am/?page_id=724.
- ’’The Best in the Net’’. An online guide for journalists. Journalists for the future NGO, 2013. Co-author. Also available at http://issuu.com/jffarmenia/docs/thebest_in_thenet.
- Issues of Religious Education at RA Public Schools. Yerevan 2012. Collaboration for democracy NGO. Co-author. Also available at http://www.religions.am/files/1706/pastathter/ps1.pdf.
- The Process of Execution of ECtHR Judgments in Armenia and the Problems and Specifics of Execution. RA Chamber of Advocates. Yerevan ’’Asoghik’’ publishing house 2011. Co-author. See also http://www.advocates.am/news/view/75.html.
- Execution of ECtHR Judgments in Armenia ։ RA Chamber of Advocates. Yerevan ’’Asoghik’’ publishing house 2013։ Co-author ։ Also available http://www.osce.org/hy/yerevan/116425?download=true.
- Monitoring of Judicial Cases on Defamation and Insult, ’’Rule of Law’’ NGO (2011-2013). Co-author. Also available at http://armlex.am/?page_id=2014.
- Problems of Execution by Armenia of Meltex Judgment of ECHR. By Ara Ghazaryan. South Caucasus Law Journal. Vol. 01/2010. See also http://legalresearchplus.com/2010/05/11/south-caucasus-law-journal/.
- “Collection of Opinions by Information Disputes Council” – 2012. OSCE office in Yerevan and Freedom of Information Center of Armenia. Drafted by Ara Ghazaryan, Shushan Doydoyan and Gevorg Hayrapetyan. All the decisions are available at http://www.idcarmenia.am/hy/conclusions.
- CoE Approach to the Rights of Freedom of Expression and Respect for Private Life. Comparative Law Center NGO. Yerevan 2003. Co-author.
- International Norms on Trial in Absentia. Judicial power. RA Association of Judges. ISSN 1829-0744, 1-2/114-115 2009 January-February. Also available online. http://www.judge.am/images/Publications/hunvar-petrvar-2009.pdf.
- ’’The Court of Cassation as a Policy Maker’’. Judicial Power. RA Association of judges. 3/92 March, 2007.
VIII. Languages
Language |
Reading |
Writing |
Speaking |
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---|---|---|---|---|---|---|---|---|---|
very good |
good |
fair |
very good |
good |
fair |
very good |
good |
fair |
|
a. First language: |
|||||||||
– Armenian |
x |
x |
x |
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b. Official languages: |
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– English |
x |
x |
x |
||||||
– French |
x |
x |
x |
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c. Other languages: |
|||||||||
– Russian |
x |
x |
x |
||||||
– Farsi |
x |
x |
x |
IX. In the event that you do not meet the level of language proficiency required for the post of judge in an official language [the second], please confirm your intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, your term of duty if elected a judge on the Court.
I confirm my intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, my term of duty if elected a judge on the Court.
X. Other relevant information
Awards
- On 19/06/2014 I was awarded with ’’Freedom Defender’’ under ’’2014 Universal Rights Award’’ by five organizations (UNO, EU, CoE, British Councils, US Embassy)
- On 18/07/2013 I received annual award ’’For Legal Protection of Freedom of Speech and Media’’ by Yerevan Press club
- On 19/07/2012 I received a Notice of Appreciation” from the RA Prosecutor General’s office for my activity at the Prosecutor’s school as a trainer of ECHR
XI. Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court.
I confirm hereby that I will take up permanent residence in Strasbourg if elected as a judge of the European Court of Human Rights.
Appendix 2 – Liana HAKOBYAN
(open)CURRICULUM VITAE
I. Personal details
Name, forename: Hakobyan, Liana
Sex: female
Date and place of birth: 23 January 1976, Yerevan
Nationality: The Republic of Armenia
II. Education and academic and other qualifications
- 1992-1997 – Yerevan State University, Faculty of International Relations /Diploma with Honour
- 1999-2002 – Yerevan State University, Faculty of Law /Diploma with Honour
- 2010 – Awarded the degree of Doctor of Law /Topic: The Case-Law of the European Court of Human Rights as a source of domestic law of the Member States of the Council of Europe
III. Relevant professional activities
a. Description of judicial activities
Assigned as a judge at the Administrative Court of the Republic of Armenia by Decree of the President of the Republic of Armenia dated from 12.12.2013
b. Description of non-judicial legal activities
- 1996-2003 – Assistant of a Member of the Constitutional Court of the Republic of Armenia
- 2003-2013 – Head of the Legal Department of the Constitutional Court of the Republic of Armenia
c. Description of non-legal professional activities
None.
IV. Activities and experience in the field of human rights
1. Activities concerning the system of human rights’ protection established on the basis of the Convention on protection of human rights and fundamental freedoms
- Participation in publication of the Collection of European Court’s Judgments (1979-2000) (Yerevan 2002). Particularly, translation of several judgments and professional edition of the Collection.
- Participation in publication of the Collections of European Court’s Judgments, organized by the Union of Judges of the RA. Particularly, several volumes of the Collections have been published under my edition and several judgments have been translated by me.
- Participation in publication of the Commentaries to the Convention on protection of human rights and fundamental freedoms (particularly Articles 3, 6, 9, 10, 11 and Article 1 of the First Protocol.
- Participation in radio-seminars organized by the Armenian Association of International law, aimed to provide the society with knowledge on mechanisms of human rights’ protection. Particularly, in several radio-seminars the mechanism of human rights’ protection established on the basis of the European Convention, the features and elements of this mechanizm have been elucidated by me. This undertaking was aimed to assist the population in realization of their right to protection their rights at the European Court.
- Participation in a project organized by the Armenian Association of International Law in support of OSCE Armenian Office, aimed to reveal the state of implementation of the European Convention on protection of human rights and fundamental freedoms and the Case-law of the European Court by the domestic courts.
My scientific activity also concerns to this sphere: In 2010 I have been awarded the degree of Doctor of Law for a scientific research on topic: The Case-Law of the European Court of Human Rights as a source of domestic law of the Member States of the Council of Europe
2. Other activities in human rights’ field
- Participation in publication of “Legal family manual” organized by the Union of Judges of the RA. Particularly, I am the author of the volumes: “Women’s and children’s rights”, “Family Law”.
- Participation in the translation and publication of international treaties on human rights, organized by the Armenian Association of International Law.
- Member of the Commission preparing National Reports provided by 1966 Covenant on Civil and Political Rights /established by the decision of the Prime Minister of the RA/.
V. Public activities
a. Public office
- 2003-2013 – Head of the Legal Department of the Constitutional Court of the Republic of Armenia
- 2013-present – Judge at the Administrative Court of the Republic of Armenia
b. Elected posts
c. Posts held in a political party or movement
VI. Other activities
a. Field
Armenian Association of International Law NGO
b. Duration
1999-2013
c. Functions
Executive Director
VII. Publications and other works
- European Court of Human Rights, Collection of judgments. 3 volumes. Published by the Union of Judges of the RA in support of the Council of Europe (Armenian translation), (Yerevan 2002, 2003, 2004) – responsible editor and translator
- Collection of international treaties on human rights. 4 volumes (Armenian translation) (Yerevan 2001)
- “Several issues of international treaty law” (co-author) (Yerevan 2001)
- Legal family manual. “Women’s and children’s rights”, “Family Law”. (Yerevan 2002)
- Collection of Judgments of European Court of Human Rights (1979-2000) (Yerevan 2002)
- Convention on the Protection of Human Rights and Fundamental freedoms (4 November, 1950) and protocols to the Convention. Commentaries – the Case-law of European Court of Human Rights (Yerevan 2005).
- Commentaries to the RA Constitution (Yerevan 2010) – Commentaries of Articles 42, 47, 58 and 60 of the RA Constitution
- “The criteria for admissibility of applications to the European Court of Human Rights” (Orinatert, 2002 May)
- "The legal force of judgments of the European Court and their legal consequences", (“Orinatert”, Yerevan, 2002 April)
- The Rome Statute of Criminal Court (Armenian translation) (Yerevan, 2000.)
VIII. Languages
Language |
Reading |
Writing |
Speaking |
||||||
---|---|---|---|---|---|---|---|---|---|
very good |
good |
fair |
very good |
good |
fair |
very good |
Good |
Fair |
|
a. First language: |
|||||||||
– Armenian |
X |
X |
X |
||||||
b. Official languages: |
|||||||||
– English |
X |
X |
X |
||||||
– French |
|||||||||
c. Other languages: |
|||||||||
– Russian |
X |
X |
X |
IX. In the event that you do not meet the level of language proficiency required for the post of judge in an official language [the second], please confirm your intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, your term of duty if elected a judge on the Court.
X. Other relevant information
XI. Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court.
I am confirming.
Appendix 3 – Armen HARUTYUNYAN
(open)CURRICULUM VITAE
I. Personal details
Name, forename: Harutyunyan, Armen
Sex: male
Date and place of birth: March 7, 1964; Yerevan, Armenia
Nationality: Armenian
II. Education and academic and other qualifications
- 1996-1997 – Academy of Public Administration, adjunct to the President of Russian Federation. Doctoral Studies. Doctor of Law (equivalent to Senior Juris Doctor)
- 1986-1989 – The Institute of State and Law of Academy of Science of the USSR, Moscow. Post Graduate Study. Candidate of Law (equivalent to PhD)
- 1981-1986 – Yerevan State University, Law Department. Diploma in Law (Magna Cum Laude)
The most important international trainings received:
- 2007, January–March – UK, University of Nottingham, School of Law, Human Rights Law Centre. Chevening Fellowships, Participation in and Completion of the Course on “Implementing Human Rights Conventions”
- 1998, November–December – Paris, France, Paris 12 University, Law Department. Additional study course
- 1997, November–December – Paris, France, Paris 12 University, Law Department. Additional study course
- 1997, July – Budapest, Hungary, Central European University. Additional study course
- 1997, March–May – Moscow, Russian Federation, Moscow State University, Law Department. Additional study course
- 1996, June – Budapest, Hungary, Central European University. Additional study course
- 1996, February – Anger, France, Anger University, Law Department. Additional study course
III. Relevant professional activities
a. Description of judicial activities
- 2004-2005 – Council of Justice of the Republic of Armenia (Constitutional Body). Member of the Council
- 1997-2005 – Constitutional Court of the Republic of Armenia. Legal Advisor (part-time)
b. Description of non-judicial legal activities
- February 2006-February 2011 – Human Rights Defender’s Institution of the Republic of Armenia. Human Rights Defender (Ombudsman) of the Republic of Armenia
- 2002-2011 – European Commission for Democracy Through Law (Venice Commission). Deputy representative of the Republic of Armenia
- 1997-2001 – Commission on Constitutional reforms, adjunct to the President of the Republic of Armenia. Member of the Commission
c. Description of non-legal professional activities
- March 2014-Present – UN Human Rights Monitoring Mission in Ukraine, Office of the UN High Commissioner for Human Rights. Head of the Mission (Temporary Deployment). Description: Monitor and report on the human rights situation in Ukraine
- February 2011-Present – Regional Office for Central Asia of the UN High Commissioner for Human Rights, Bishkek, Kyrgyz Republic. Regional Representative. Description: Advise OHCHR regarding its regional strategy and activities, as well as regional developments which may have human rights policy and operational implications
- 2002-2006 – Public Administration Academy of the Republic of Armenia. Rector (Chancellor)
- 1989-2002 – Yerevan State University, Law Department, Division of Constitutional and International Law. Assistant Professor, Associate Professor, Senior Professor. Courses Developed and Taught: EU Law, Parliamentary Law, Law On Local Self-Government. Courses Taught: Constitutional Law of Foreign Countries, Comparative Constitutional Law, Constitutional Law of the Republic of Armenia
IV. Activities and experience in the field of human rights
- 2011-Present – High-ranking positions in the office of the UN High Commissioner for Human Rights:
- 2014 March-Present – Head of Monitoring Mission in Ukraine. Heading the staff of 39 endowed with the task of monitoring Human Rights situation in Ukraine and developing monthly reports, which are presented to the UN High Commissioner for Human Rights and discussed in UN Security Council
- 2011 February-Present – Head of one of 12 Regional Offices of UN High Commissioner for Human Rights – Regional Office in Central Asia. Preparation and submission of 7 individual complaints to UN Human Rights Committee
- 2006-2011 – The longest serving Ombudsman of the Republic of Armenia so far. In the capacity of the RA Ombudsman:
- 2009, Florence, Italy – Elected as a board member of the European Ombudsman Institute
- 2009 September-2011 February – Member of the Association of French-Speaking Ombudsmen and Mediators, AOMF
- 2010 June-2011 February – Member of Mediterranean Ombudsman Association
- 2010 August-2011 February – Associate member of the Asian Ombudsman Association
- 2010, Interlaken, Switzerland – One of 3 delegates of the European Group of NHRIs to the High Level Conference on the Future of the European Court of Human Rights. Preparation and comments for the Address of the European Group of NHRIs
- 2007 – RA Human Rights Defender Institution received the status «A» – recognition of the highest level of independence
- 2006-2011 – 11 successful claims in the Constitutional Court of the Republic of Armenia (SDO-630 of 18/04/2006; SDO-669 of 22/12/2006; SDO-723 of 15/01/2008; SDO-731 of 29/01/2008; SDO-786 of 23/12/2008; SDO-851 of 14/01/2010; SDO-913 of 14/09/2010; SDO-914 of 14/09/2010; SDO-923 of 09/11/2010; SDO-926 of 23/11/2010; SDO-966 of 03/06/2011). The claims were dealing with the crucial issues of the right to property, freedom of expression etc.
- 2009, December 16-17, Strasbourg, France – Presenter in regional consultations "Enhancing cooperation between the International Human Rights System and the Regional Human Rights Mechanism in Europe”. Topic of the presentation: “NHRIs interaction with the international human rights system and with the regional human rights mechanisms in Europe”
- 2007, October 17-19, Strasbourg, France – Official visit to the Council of Europe institutions
- 2008, February 4-6, Strasbourg, France – Steering Committee Meeting on the Joint Programme of Co-operation between the European Union and the Council of Europe “Fostering a Culture of Human Rights in Ukraine and South Caucasus”
- 2010, November 15-17, Brussels, Belgium – Official visit to Brussels, address to the European Parliament. Topic of the address: Human rights in the countries in transition: on example of Armenia
- 2009, November 24-26, Geneva, Switzerland – Participation in the workshop on “NHRI Role and Cooperation with UN Human Rights Mechanisms: Universal Periodic Review, Treaty-based Reporting and Special Procedures in Europe and CIS”
- 2008, September 16-17, Dublin, Republic of Ireland – Participation in the 5th Round Table of European National Human Rights Institutions and the Council of Europe Commissioner for Human Rights on “Domestic Protection of Human Rights: Strengthening Independent National Structures”
- 2007, April, Athens, Greece – Participation in the Round Table on “Implementing Human Rights and the Rule of Law in Europe: the Cooperation between Ombudsmen, NHRIs and the CoE Commissioner for Human Rights”
- 2006, April, Istanbul, Turkey – Participation in the International Conference “Role of Ombudsmen in Consolidating Democracy”
- 2006, March, Vienna, Austria – Participation in the Supplementary Human Dimension Meeting on Human Rights Defenders and National Human Rights Institutions: Legislative, State and Non-state aspects
- 1998-2000 – Member of the group of experts on analysing the compatibility of Armenian legislation and judicial practice to the European Convention on Human Rights. Ministry of Foreign Affairs of RA with the assistance of experts from Directorate General of Human Rights of the CoE. The report (more than 200 pages) was submitted to the relevant European and Armenian authorities. The report was a prerequisite for Armenia’s accession to the Council of Europe.
- 1998, December, Strasbourg, France, Training in the European Court of Human Rights
- Participation and Reports in International Conferences:
- 2002 December, Louvain-la-Neuve, Belgium – Organized by the office of the Commissioner for Human Rights of Belgium. Human Rights, Culture and Religion
- 2000, March 31-April 1, Yerevan, Armenia – Organised under the auspices of CoE. "European Convention on Human Rights and Legislation of RA. Consequences of ratification of the European Convention on Human Rights in Armenia". Report topic: "On the legal and practical consequences of ratification of European Convention on Human Rights in Armenia"
- 2000, September 8-9, Yerevan, Armenia. Organisers: Constitutional Court of RA and CoE. "Universality and national specialties in the field of protection of human rights: European Convention on Human Rights". Report topic: "The Universality of Human Rights and Cultural Diversities in the system of European Convention on Human Rights"
- 2000, October 6-7, Yerevan, Armenia. Organisers: Constitutional Court of RA and Venice Commission. "Efficiency of the Constitutional Justice in a society in transition (functional, institutional and procedural aspects)". Report topic: "Actual problems of perfection of the Constitutional Justice system in a society in transition (functional aspect)"
- 2000, October 20-21, Yerevan, Armenia. Organised under the auspices of CoE. "European Convention on Human Rights and Legislation of RA. Consequences of ratification of the European Convention on Human Rights in Armenia". Report topics: "Compatibility of Armenian legal system with the requirements of Article 5 of the European Convention on Human Rights", "Compatibility of Armenian legal system with the requirements of Article 9 of the European Convention on Human Rights"
V. Public activities
a. Public office
- 2004-2005 – Council of Justice of the Republic of Armenia (Constitutional Body), Member of the Council
- 2001-2005 – Representative of the President of RA on Constitutional reforms
b. Elected posts
- 2006 – Elected by the National Assembly of RA as the Human Rights Defender of the Republic of Armenia for a period of 6 years by 3/5 of the total number of MP’s (under Art. 83.1 of RA Constitution)
c. Posts held in a political party or movement
None
VI. Other activities
- Member of the Armenian Bar Association of North America, Los Angeles, CA (2007-2011)
- Honourable member of the AFAJA, the French Association of Armenian Advocates and Lawyers, Paris (2008 – 2011)
- President of the European Law Association of the Republic of Armenia (2004 – 2011)
VII. Publications and other works
About 75 publications and other works. The most important titles are:
- Constitutionalism. Problems of Post-Soviet Realism / Monograph. Juridical Publishing House “Norma”, Moscow, Moscow State University, 2013
- Fundamentals of European Union Law (European Union Constitutional Law) / Textbook. “Tigran Mets” Printing House, Yerevan, 2011
- Capitulation of the political system against human rights. “Comparative-constitutional review”, Moscow, N 2 (75) 2010
- The Majority Rule Against Freedom or the Struggle of the Minority Against the Minority: the Crisis of Armenian Constitutionalism. “Comparative-constitutional review”, Moscow, N 3 (76) 2010
- Restriction of fundamental rights and restriction of state power as constitutional compromise between freedom and state (the limits of compromise in post-soviet societies). «Judicial power», Yerevan, N 11-12 / 2007
- Institution of Presidency in Post-Soviet Republics (Constitution and Political Reality) / Monograph. Yerevan, 2006
- Compatibility of Armenian law with the requirements of Article 5 of European Convention on Human Rights. Co-author: Samvel Dilbandyan. Collection of the materials of the international seminar held in Yerevan, 20-21 October 2000
- Compatibility of Armenian law with the requirements of Article 9 of European Convention on Human Rights. Collection of the materials of the international seminar held in Yerevan, 20-21 October 2000.
- Legislation of the RA and European Convention on Human Rights. Legal and practical consequences of ratification of European Convention on Human Rights in Armenia. (On the basis of analysis of articles 6, 10, 11 and 14 of the Convention). Collection of the materials of the international seminar held in Yerevan, 31 March – 1 April 2000.
- Compatibility of Armenian law with the requirements of the European Convention on Human Rights. Co-authors: Samvel Dilbandyan, Ara Gabuzyan. Directorate General of Human Rights of the Council of Europe, Strasbourg, 2000
VIII. Languages
Language |
Reading |
Writing |
Speaking |
||||||
---|---|---|---|---|---|---|---|---|---|
very good |
good |
fair |
very good |
good |
fair |
very good |
good |
fair |
|
a. First language: |
|||||||||
– Armenian |
X |
X |
X |
||||||
b. Official languages: |
|||||||||
– English |
X |
X |
X |
||||||
– French |
X |
X |
X |
||||||
c. Other languages: |
|||||||||
– Russian |
X |
X |
X |
IX. In the event that you do not meet the level of language proficiency required for the post of judge in an official language [the second], please confirm your intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, your term of duty if elected a judge on the Court.
I confirm my intention of following intensive French language classes.
X. Other relevant information
“Golden Cross of Rzeczpospolita” awarded by the President of the Republic of Poland, H.E. B. Komarovskiy for the contribution of the promotion of ombudspersons cooperation in frames of the Eastern European Partnership Programme.
XI. Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court.
I confirm that I will take up permanent residence in Strasbourg, France, if elected a judge of the Court.