Committee of Ministers
Comité des Ministres

Strasbourg, 28 October 1997                                                                                        Restricted
CM/Inf(97)54

For the GREL meeting
of 29 October 1997

ARMENIA

Mission report
(2-6 September 1997)

Note from the Directorate of Legal Affairs

Introduction

Within the framework of legal co-operation with the countries of central and eastern Europe, the Director of Legal Affairs recently visited Armenia to open the seminar on "The functioning of the penitentiary system in a democratic society" and the meeting between representatives of the Armenian Prison Authority and western experts in connection with the prison twinning project (see appended programmes).  He also made contact with a number of senior Armenian officials, listed in the appendix, and met the Ambassador of France (the country chairing the Committee of Ministers).

Background to the visit

The visit formed part of the current programme for co-operation with Armenia and followed presentation of the report on the conformity of the Armenian legal system with the Council of Europe's standards, prepared by the eminent jurists, Mr Jerzy Makarczyk, judge in the European Court of Human Rights, and Mr Daniel Svaby, member of the European Commission of Human Rights.  It also came at a time when major legislative and legal reforms were being launched in Armenia.  The Constitution of 5 July 1995 provides the foundations needed for general restructuring of the judicial system.  Some institutions, such as the Constitutional Court and the Judicial Service Commission, have already been established, but these are totally new and need to be strengthened and developed.  On the other hand, the ordinary courts provided for in Article 92 of the Constitution - the courts of first instance, appeal and cassation - have still to be set up.  As for the legislative programme, a number of codes and laws of major importance should soon be adopted.

The President of the Republic recently set up a "State Commission for Legal Reform" to carry out these reforms.  Jointly chaired by the President of the Constitutional Court and the Prime Minister, it comprises representatives of the various ministries, judges, and members of the National Assembly, the Public Prosecutor's Department, the Bar and the University.  It has drawn up a detailed reform programme for 1998, and the schedule for adoption of the basic texts is as follows:

-           Criminal Code (general part)                          November 1997

-           Criminal Code (special part)                           March 1998

-           Code of Criminal Procedure                           March 1998

-           Civil Code (first part)                                     October 1997

-           Civil Code (second part)                                 April 1998

-           Civil Code (third part)                                                May 1998

-           Code of Civil Procedure                                 March 1998

-           Law on Enforcement of Sentences                 April 1998

-           Law on Organisation of the Courts                November 1997

-           Law on the Public Prosecutor's Department   November 1997

-           Law on the Status of Judges                          March 1998

-           Law on the Bar                                                           March 1998

The State Commission has decided to ask the Council of Europe for help with several parts of this programme.

In connection with these reforms, the Bill on Organisation of the Courts is at present being reviewed by a Council of Europe expert.

Similarly, the Council of Europe began providing expert assistance on the Criminal Code, the Code of Criminal Procedure, the Law on the Public Prosecutor's Department and the Law on Enforcement of Sentences early in 1997 and this assistance continues.

Apart from launching the work on reform of the prison system, the visit of the Director of Legal Affairs was intended to evaluate the work at present under way and determine the scope and nature of future co-operation.

Meetings with the Armenian authorities

            Meeting with Mr Alexander Arzoumanian, Minister for Foreign Affairs

At this meeting, Mr Arzoumanian said that Armenia's priority was to join the Council of Europe. He noted that the setting-up of the State Commission for Legal Reform should accelerate the process of legislative and judicial reform, and said that the Commission would co-ordinate activities in this area.

            Meeting with Mr Marat Alexanian, Minister of Justice

Mr Alexanian stressed the importance of transferring responsibility for the prison system from the Ministry of the Interior to the Ministry of Justice.  This move should be made by May 1998 and he insisted that it must not be a merely formal exercise.  He also referred to the reform programme approved by the President of the Republic, particularly concerning organisation of the judicial system and the training of judges, and insisted on the importance of the Council of Europe's co-operation in these areas.

            Meeting with Mr Edward Egorian, Chairman of the National Assembly's Legal Affairs Committee

Mr Egorian paid tribute to the fruitful work already done on the Criminal Code, the Code of Criminal Procedure, the Act on the Public Prosecutor's Department and the Act on Enforcement of Sentences in co-operation with the Council of Europe.  It was vital that this co-operation should continue.  He also emphasised the usefulness of the projected training centre for judges which the Council of Europe could also help to support.

            Meeting with Mr Gagik Haroutiunian, President of the Constitutional Court

Mr Haroutiunian, who chairs the State Commission for Legal Reform with the Prime Minister, stressed the useful part played by the Council of Europe's co-operation programmes in bringing Armenian legislation into line with European standards, ideally before it was adopted.  He also spoke of the Constitutional Court's efforts to inform the public of their constitutional rights.

            Meeting with Mr Micha Pillipossian, President of the Bar

Mr Pillipossian said that adoption of the Law on advocates, the draft version of which should be ready in October 1997, was vital to safeguard the profession's independence.  He particularly emphasised the "equality of arms" principle, the right of advocates to approach the Court of Cassation and the training of advocates, and said that help was badly needed in these areas.

            Meeting with Mr Babken Ararktasian, President of the National Assembly

This meeting was also attended by the Vice-President of the National Assembly and the Chairman of Armenia's delegation to the Council of Europe, Mr Igitian.

Mr Ararktasian admitted that legal reform in Armenia had not kept pace with economic reform.  To put this right, the State Commission for Legal Reform had drawn up a detailed work schedule for 1998; expert international assistance was important here, since one of Armenia's problems in drafting legislation was its lack of specialists in this area.  He also admitted that the electoral system must be improved, and expressed renewed gratitude for the help provided by the Venice Commission.

            Meeting with Mr Henrik Khachatrian, Attorney General

Mr Khachatrian spoke of the major changes made in the Criminal Code and the Act on the Public Prosecutor's Department, on both of which the Council of Europe was providing expert assistance.  The Public Prosecutor's department played a key role within the judicial system; even today, people approached it more often than the courts.  He showed great interest in the Council of Europe's documentation and in human rights training.

            Meeting with Mr Tariel Barsegian, President of the Supreme Court

Mr Barsegian stressed the value of the expert assistance provided by the Council of Europe on the draft Law on Organisation of the Judicial System.  In fact, the Constitution provided that the Supreme Court would continue to exercise its previous powers until the new judicial system was adopted.  He also showed interest in attending the next meeting of Presidents of Supreme Courts, to be held in the Czech Republic from 20 to 23 October.

            Meeting with Mr Serge Sarkisian, Minister of the Interior

At this meeting, Mr Sarkisian agreed to the preparation of an evaluation report on the prison system under the legal co-operation programmes in 1998, and also an expert report on the draft Law on the Police.  He stressed the importance of the seminar on the prison system (see above, "Introduction") and of the Council of Europe's projected work against corruption.

            Meeting with Mr Levon Ter Petrossian, President of the Republic

In the course of a 45-minute meeting, President Ter Petrossian stressed the importance of legal co-operation between the Council of Europe and Armenia.  He also expressed the hope and wish that the 1998 programme of legislative and legal reform would be duly completed, bringing the country's legal system into line with the Constitution and the Council of Europe's standards.  Referring to the death penalty, he said that a moratorium had been in operation since 1988 and that the general part of the Criminal Code, adopted by the National Assembly on a first reading, provided for its abolition.  Pending abolition, he promised that no executions would be carried out during his term of office.

            Meeting with Mr Khosrov Haroutiunian, Special Advisor to the Prime Minister and Secretary to the State Commission on Legal Reforms

Mr Haroutiunian said that one priority, following adoption of the Constitution, was to reform the legal system by passing legislation and training legal professionals.  The Council of Europe's co-operation programmes were particularly important here. 

Evaluation of the visit

The visit showed that the country's leadership was firmly determined to accelerate and extend the democratic reform process and give co-operation between Armenia and the Council of Europe in the legal field very definite and practical forms.  The timeliness of such assistance should be emphasised at a time when important reforms were under way, as should the importance attached to this co-operation by all the authorities talked to.

Help in the two main areas of action, i.e. legislative and institutional reform (Demo-droit) and the training of legal professionals (Themis) would comprise[1].

-           continuation of the expert help provided in the criminal field, expert reviews of the Civil Code and the Code of Civil Procedure, the Law on the Status of Judges and the Law on advocates.  These expert missions might be followed, as appropriate, by meetings between European and Armenian experts on problems which they had pinpointed;

-           re-organisation of the judiciary;

-           reform of the prison system, with an evaluation report as the first stage;

-           training for the legal and judicial professions, relying in the short term on seminars and week-long courses and, in the longer term, the establishment of training structures.

APPENDIX

Programme of the Director of Legal Affairs
Mr Guy De Vel

(Erevan, 3-5 September 1997)

Wednesday, 3 September 1997

10 am              Opening of the seminar on "The functioning of the penitentiary system in a democratic society"

3 pm                Meeting with the Minister of Foreign Affairs,
Mr Alexander ARZOUMANIAN

4.30 pm           Meeting with the Minister of Justice,
Mr Marat ALEXANIAN

5.50 pm           Meeting with the President of the National Assembly's Legal Affairs Committee
Mr Edward EGORIAN

Thursday, 4 September 1997

10.30 am         Meeting with the President of the Constitutional Court,
Mr Gagik HAROUTIUNIAN

12.00               Meeting with the President of the Bar,
Mr Micha PILLIPOSSIAN

1 pm                Meeting with the President of the National Assembly,
Mr Babken ARARKTASIAN

3 pm                Meeting with the Attorney General,
Mr Henrik KHACHATRIAN

4.30 pm           Meeting with the President of the Supreme Court,
Mr Tariel BARSEGIAN

6 pm                Meeting with the Minister of the Interior
Mr Serge SARKISIAN

Friday 5 September 1997

10 am              Opening of the meeting of representatives of the Armenian and western prison systems participating in the prison twinning scheme

11.30 am         Meeting with the President of the Republic,
Mr Levon TER PETROSSIAN

1.30 pm           Meeting with the Ambassador of France in Armenia,
Mr Michel LEGRAN

4 pm                Meeting with the Special Advisor to the Prime Minister and Secretary to the State Commission on Legal Reforms,
Mr Khosrov HAROUTIUNIAN