ECHR's commitment to consider high court judges' case within short timeframes 'hints chances of conventional violations' - lawyer

10:06 • 10.07.20
Law

The fact that the European Court of Human Rights (ECHR) has committed itself to consider, within the shortest possible timeframes, the motion submitted by the chair and three judges of the Constitutional Court demonstrates that they have observed a real tendency of a serious  conventional violation, according to Robert Hayrapetyan, a lawyer.

In an interview with Tert.am, Hayrapetyan cited an ECHR precedent, which he said not only reacted to a violation of rights but also obliged the state to reinstate the tenure of a constitutional court member. Yet, Hayrapetyan hesitated to predict the scenario of the possible solution now. The lawyer said he doesn't expect all the judges of the Constitutional Court to be reinstated to office, but admitted the predictability of applying the practice by the European court.

"We have to wait for the ECHR's final response to have a clear knowledge of the state's obligation," he said.

Asked to comment on the fact that President Armen Sarkissian has not for now signed into law the bill proposing amendments to the law "On the Constitutional Court", Hayrapetyan said he thinks that the president, in all likelihood, avoids complicity in an affair where is sees a constitutional problem.

"If he realizes that the law has a problem in terms of constitutionality and states that he isn't going to sign it - while failing at the same time to exercise his constitutional obligation to apply to the Constitutional Court - this is yet another reason to state the fact that Armen Sarkissian's inaction makes him an accomplice in the authorities' anti-legal conduct," the lawyer said.

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