Armenian authorities' anti-constitutional reforms pose serious hazards - human rights advocate

What the current Armenian government did with the constitutional authority is not only anti-constitutional in essence but also largely anti-legal, according to Ruben Melikyan, a human rights activist and a co-founder of the Legal Path NGO.

In an interview with Tert.am, he warned of "extremely serious hazards" stemming from the recently approved constitutional reforms.  

Commenting on the controversial bill, adopted by the National Assembly on June 30, Melikyan noted that President Armen Sarkissian has not yet exercised his authority to submit it to the Constitutional Court (21 days after its passage) to dispute the legitimacy of the measure.

"No other [political] force can from now on rely on the Constitution as a protection guarantee. Chances are that representatives of the current government may be treated in a stricter manner than could be expected at the moment. These authorities actually deprived themselves of constitutional protection with their own hands. In other words, it was the heaviest blow to our constitutionality and referred, first of all, to the legal protection mechanism of those people who took the step relying on short-term calculations," he said in an interview with Tert.am.

Melikyan also dismissed any essential element about the president's conduct (i.e. - inaction). In his words, the decision to sack three judges of the Constitutional Court involved also the law enforcement authorities, particularly the police, which banned one of the judges' entry into the building, "abiding by a "government's order".

Melikyan said he thinks that the proposed regulation was valid for the Armenian authorities even before its official entry into effect.

"It is yet another sign that the ruling political force undermined constitutionality in our country, thereby giving room for more freedom of action for the future. Any political force can now virtually declare that the constitutional order was overthrown in Armenia and take consequent action which will not be beyond a reasonable understanding," he added.

Melikyan compared the president's actions to a process of washing hands of a serious responsibility.  "It was yet another manifestation on his part to circumvent an obligation, while avoiding complicity in the ruling political force['s affair]. What the ruling force did cannot remain without consequences, and it is perfectly understandable to any person sharing and perceiving at least a little bit of the western values.

"So the president understands well that his signature would imply a direct complicity. Yet at the same time, the president failed to take any action to avert the process. Hence the president cannot be said to be totally free of any responsibility for this kind of disgraceful situation," he said, considering the state policymaking style absolutely impermissible.  

Melikyan noted that the government and the president will now have the freedom to name potential members of the Constitutional Court at their own discretion. "My belief is that all the lawyers who will be involved in this process, i.e. - express consent that their candidacy be nominated, will have complicity too, in the overthrowing of the constitutional order," he added.

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