Recommendations of the LDPF petition incorporated into the draft law

04.10.2024

Several months ago, the Law Development and Protection Foundation filed an electronic petition requesting full publicity of the proceedings in the administrative court. As informed by the Ministry of Justice, the recommendation made in the petition has been included in the package of draft laws on “Making Amendments and Supplements to the Civic Procedure Code of the RA” and “Making Amendments and Supplements to the Administrative Procedure Code of the RA.”

The Foundation raised the issue of the legislative provision which mandates in camera court hearings in high-instance courts following a decision by the Administrative Court to examine the case or part of it in private. According to the LDPF, this provision is illegitimate since it potentially infringes on the right to a fair trial as guaranteed by Article 6 of the European Convention on Human Rights. In these circumstances, higher court examinations are subjected to in camera hearings even when there are no legal grounds for restricting the publicity of the proceedings. For instance, if the reasons for an in camera hearing were resolved—such as through the declassification of state secrets—then holding the hearing in private would lack any legitimate purpose.

The LDPF considers this modification crucial for fostering trust in the courts, aligning with the perspective of the European Court of Human Rights։ “The public character of proceedings before the judicial bodies referred to in Article 6 para. 1 (art. 6-1) protects litigants against the administration of justice in secret with no public scrutiny; it is also one of the means whereby confidence in the courts, superior and inferior, can be maintained. By rendering the administration of justice visible, publicity contributes to the achievement of the aim of Article 6 para. 1 (art. 6-1), namely a fair trial, the guarantee of which is one of the fundamental principles of any democratic society, within the meaning of the Convention” (Riepan v. Austria, § 27; Krestovskiy v. Russia, § 24; Sutter v. Switzerland, § 26.)

Recommendations of the LDPF petition incorporated into the draft law

04.10.2024
Several months ago, the Law Development and Protection Foundation filed an electronic petition requesting full publicity of the proceedings in the administrative court. As informed by the Ministry of Justice, the recommendation made in the petition has been included in the package of draft laws on “Making Amendments and Supplements to the Civic Procedure Code of the RA” and “Making Amendments and Supplements to the Administrative Procedure Code of the RA.”

The Draft of the New Anti-discrimination Law has been Submitted for Public Discussion

02.08.2024
The Draft Law on Ensuring Equality and Protection Against Discrimination (Draft Law) addresses the legislative gaps related to effective protection against discrimination. It defines various forms of discrimination and stipulates the establishment of an Equality Council, adjunct to the Human Rights Defender’s Office, which will include representatives from CSOs and independent professionals. The draft law sets several protection grounds; however it fails to address the legal protection of persons discriminated on the grounds of sexual orientation and gender identity, one of the most sensitive issues. In addition, the draft law does not define possibilities for CSOs to take legal action in courts (‘actio popularis’) to protect the rights of victims of discrimination.

Court has recognized the convict’s right to visit their place of residence in order to see their minor child

12.07.2024
On 2 July, after half a year of appeals, the court granted our beneficiary's claim. It obliged the penitentiary to abolish the violation of the convicted person's right to visit their minor child, i.e., the institution is obliged to ensure that the person has the opportunity to travel to their permanent residence for the period prescribed by law (up to 10 days) to visit the minor child. Davit Gyurjyan, the attorney leading the case, states that the case is of great significance for changing and developing law enforcement practice, as the regulation foreseeing the travel of convicted parents to minor children for up to 10 days is not implemented in practice. Furthermore, the convicted person is only permitted to leave the prison for a short period in exceptional cases, such as death of a close relative or serious illness.

Armenia: New Draft Law on Public Information to Improve Open Data Management and Access

10.04.2024
On February 26, 2024, the Ministry of High-Technology Industry released a draft of a new law “On Public Information” as well as amendments and additions to related laws, for public discussion. According to the government, this law will serve as a basis of implementing open data policy, and in particular, enable public oversight over the performance of state and local self-government bodies. The new draft defines: the conditions and procedure for providing public information; the methods of ensuring access to public information and managing its usage; and how to regulate the collection, processing, use of information, establishment of databases and their management.

The Administrative Court satisfied the claim of the TI Armenia NGO against the Staff of The National Assembly

09.04.2024
The Administrative Court of the RA satisfied the claim of the Transparency International Armenia NGO against the Staff of The National Assembly, recognizing not legitimate the latter’s activity to refuse the participation of the plaintiff’s representative as an observer at the interview stage of the competition for the vacancy of the member of the Corruption Prevention Commission. The TI claimed that its rights to seek and receive information, guaranteed by the RA Constitution, had been violated as its right to conduct observation mission over the contest had been restricted. Genya Petrosyan, Davit Gyurjyan, and Sergey Grigoryan, lawyers and attorneys at the Law Development and Protection Foundation represented the TI in the court.