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2007 Assessment

Armenia: Integrity Indicators Scorecard

Armenia: Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
52	In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
53	Is the national ombudsman effective?	34
54	Can citizens access the reports of the ombudsman?	92

Indicator and sub-Indicator Details

In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

52: In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

Score:

YES

Comments:

References: The Law on Ombudsman of the Republic of Armenia www.ombuds.am www.parliament.am

Is the national ombudsman effective?

53a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments:

References: The Law on Ombudsman of the Republic of Armenia www.ombuds.am

53b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments: Because of political changes and Arthur Bagdasaryan, the head of the Board of Trustees of the European Regional Academy of Caucasus, resigning from his post as Parliament speaker, the government decided to deprive the majority of Academy male students of their right of being exempted from army service. In September 3, 2006, after admission exams, from 230 male students only 30 were given privilege to retain that right. The parents of the remaining 200 students addressed the ombudsman in September 2006 requesting to restore their rights. However, true to the political instructions, the ombudsman turned down their solicitation. (See Ditord human rights journal in Armenia, 2006, # 6, October November, pp. 8-11)

References: Interview with Avetik Iskhanyan, chairman of the Helsinki Committee in Armenia on Human rights (August 9, 2007) Media reports

53c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments: The first ombudsman in Armenia, Larisa Alaverdyan, was dismissed in February 2006 by order of the president, as her powers expired based on constitutional changes. In reality, the ombudsman had made a proclamation about the illegal and mass dislocation of the residents in Yerevan. The new ombudsman, Armen Harutyunyan, was appointed on February 16, 2006, However, no ombudsman is guaranteed from removal without relevant justification.

References: Interview with Avetik Iskhanyan, chairman of the Helsinki Committee in Armenia on Human rights (August 9, 2007) Media report (See Ditord, 2007, human rights journal, #6 October-November pp. 3-7)

53d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments:

References: www. ombuds.am Interview with Avetik Iskhanyan, chairman of the Helsinki Committee in Armenia on Human rights (August 9, 2007)

53e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments: According to Ombudsman Armen Harutyunyan, there is no necessity for appointments with citizens. That's why he has held very few appointments with the citizens. (See Ditord, Observer, journal of human rights in Armenia, 2006, #6, October-November,Yerevan, p.6)

References: Interview with Avetik Iskhanyan, chairman of the Helsinki Committee in Armenia on Human rights (August 9, 2007)

Peer Review Comments: I don't see how the reporter's comments are relevant (unless I misunderstood the question).

53f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments:

References: Law on Ombudsman of the Republic of Armenia www.ombuds.am

53g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments: The first ombudsman of Armenia, Larisa Alaverdyan, made two reports. The second ombudsman, Armena Harutyunyan, has made one report.

References: Interview with Avetik Iskhanyan, chairman of the Helsinki Committee in Armenia on Human rights (August 9, 2007) www.ombuds.am

53h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations.

Score:

100

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

Comments: The present ombudsman, Armen Harutyunyan, didn't initiate any investigations.

References: Ombudsman reports www.ombuds.am Interview with Avetik Iskhanyan, chairman of the Helsinki Committee in Armenia on Human rights (August 9, 2007)

53i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

Comments: The Ombudsman Agency in Armenia has no power or mandate to impose penalties on offenders.

References: www.ombuds.am Interview with Avetik Iskhanyan, chairman of the Helsinki Committee in Armenia on Human rights (August 9, 2007)

53j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

$Scoring Criteria :: 100 Score Criteria: Ombudsman\'s reports are taken seriously, with negative findings drawing prompt corrective action. <p>50 Score Criteria: In most cases, ombudsman\'s reports are acted on, though some exceptions may occur for politicalally sensitive issues, or particularly resistant agencies. <p>0 Score Criteria: Ombudsman reports are often ignored, or given superficial attention. Ombudsman reports do not lead to policy changes.$

Comments: In practice as it has happened before, ombudsman reports were not only ignored but the the government criticized the annual report of first Ombudsman Larisa Alaverdyan.(See Ditord, Observer, journal of human rights in Armenia, 2006, October-November, pp. 3-4.) There is no possibility for citizens to access the asset-disclosure records of civil servants and it is natural that there is no any cost for this.

References: See Ditord (Observer) journal of human rights in Armenia, 2006, October-November, pp. 3-6, Interview with Avetik Iskhanyan, chairman of the Helsinki Committee in Armenia on Human rights (August 9, 2007)

53k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

Comments: According the ombudsman's statistics from February 2006 to November, 2508 complaints have been received from citizens; only 155 have been resolved. (See "Ditord " (Observer) journal of human rights in Armenia, #6, 2006, October-November, Yerevan, p. 6.) From January 1 to June 30, 2007, the ombudsmen received more than 1353 complaints. (See www.ombuds.am.)

References: Ombudsman reports www.ombuds.am

Can citizens access the reports of the ombudsman?

54a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

Comments:

References: The Law on Ombudsman of the Republic of Armenia www.ombuds.am

54b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

Comments:

References: Law on Ombudsman of the Republic of Armenia Interview with Avetik Iskhanyan, chairman of the Helsinki Committee in Armenia on Human rights (August 9, 2007)

54c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

Comments: Reports are available for the cost of photocopying.

References: Law on ombudsman www.ombuds.am Interview with Avetik Iskhanyan, chairman of the Helsinki Committee in Armenia on Human rights (August 9, 2007)