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Integrity Scorecard

2007 Assessment

Armenia: Integrity Indicators Scorecard

Armenia: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
33	Are judges appointed fairly?	92
34	Can members of the judiciary be held accountable for their actions?	67
35	Are there regulations governing conflicts of interest for the national-level judiciary?	36
36	Can citizens access the asset disclosure records of members of the national-level judiciary?	75

Indicator and sub-Indicator Details

Are judges appointed fairly?

33a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments:

33b: In practice, there are certain professional criteria required for the selection of national-level judges.

Score:

100

Comments: As many as 13 members are elected by the general meeting of the judges for a five-year period. Two lawyer-experts are appointed by the president and two by the Parliament, but the dependence of the judicial power on the president remains unchanged.

33c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments:

References: The Law on Status of Judges of the Republic of Armenia www.arsline.am

Can members of the judiciary be held accountable for their actions?

34a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments:

References: The Constitution of the Republic of Armenia www.arlis am www.parliament.am

34b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments:

References: Interview with former Vice Prosecutor of Yerevan City Rafik Pogosyan (August 1, 2007)

34c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments: The Council of Justice is the only disciplinary agency for the national-level judicial system.

References: Interview with Zaruhi Postanjyan, lawyer advocate, member of recently elected Armenian Parliament, member of Jarangutyu political party (August 16, 2007, at the office of Transparency International)

34d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments: In law, the judical disciplinary agency in Armenia is protected from political interference. However, in practice, all Judicial systems, as well as the Council of Justice, depend on the political ambitions of the president and government.

Peer Review Comments: The reporter seemed to have missed the "in law" part of the question. The constitution is clear about judicial independence.

34e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. <p>50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments: The Council of Justice rarely conducts investigations, which is mainly dictated by the government, president or pro-government parties.

34f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments: When necessary, the Council of Justice can imposes penalties. However, it should have the informal approval of the president or other executive governmental bodies. The assistant to the First Instance Court of Lori region, Martun Mkoyan, had taken bribes from nine citizens and sold nine fraud judgments related to the export of the cars. (See Aravot daily newspaper, July 17, 2007, p. 5)

Are there regulations governing conflicts of interest for the national-level judiciary?

35a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments:

35b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments:

References: The Law on Governmental Officials of the Republic of Armenia www.arlis.am

35c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments: There are no legal regulations on this case.

35d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

Comments: There are no restrictions on national-level judges entering the private sector after leaving the government.

References: Interview with Zaruhi Postanjyan, lawyer advocate, member of recently elected Armenian Parliament, member of Jarangutyun political party (August 16, 2007, at the office of Transparency International) Interview with the executive director of Foundation for Small and Medium Businesses, Narine Mailyan (August 7, 2007, at his office)

35e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments: There are no regulations restricting private-sector employement for national-level judges.

References: Interviews with Zaruhi Postanjyan, lawyer advocate, member of recently elected Armenian Parliament, member of Jarangutyu political party (August 16, 2007, at the office of Transparency International) Interview with the executive director of Foundation for Small and Medium Businesses, Narine Mailyan (August 7, 2007, at his office)

35f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments: According to the UNDP and Transparency International survey of 1,500 randomly selected households covering all regions of Armenia and Yerevan city, on the question "How would you evaluate the level of corruption in the following state institution?": - 44.9% of respondents consider the Courts of First Instance very corrupted - 42,1% think that the Courts of Review are very corrupted - 41,5% mentioned the Court of Cassation as the most corrupted state institution (See Corruption Perception in Armenia in 2006, Yerevan, 2007, p.13)

35g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments: National-level judiciary asset disclosures are audited, but the audits are limited.

Can citizens access the asset disclosure records of members of the national-level judiciary?

36a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments:

References: The Law on Declaration Income and Property of the Republic of Armenia www.arlis.am

36b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments: In practice, it is very difficult for common citizens to access judicial asset records. It is easier for journalists and reporters. However, the government officials should provide to everyone this information, according to the law and Constitution of the Republic of Armenia. The Council of Justice is the only disciplinary agency for the national judicial system. The Armenian Constitution defines the formation of a Board of Justice: nine of the 13 are elected by the general meeting of the judges for a five-year period; two candidate lawyers are appointed by the president, and two by Parliament. However, the judicial system of Armenia greatly depends on the president of Armenia and his executive power. (See "Chorrord Ishkanutyun" daily newspaper, August 3, 2007, p.1)

36c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments: If governmental bodies allowed access to the judicial asset disclosure records, which is most difficult thing, the records could be available for the cost of photocopying, or at the small cost of sending by mail.