Source:

AEPLAC: Criminal Procedure Code of the Republic of Armenia 1998 ("The Armenian-European Policy and Legal Advice Centre (AEPLAC)") [ID 2934]

Document(s): The Armenian-European Policy and Legal Advice Centre (AEPLAC)

06.03.2007 - Source: US Department of State

The law provides for a three tier court system ("Country Report on Human Rights Practices 2006") [ID 20191]

"The law provides for a three‑tier court system, including the highest court (the Court of Cassation), the Court of Appeals, and courts of first instance. Cases originate in courts of first instance; appeals are lodged with the Court of Appeals and the Court of Cassation. There is also a Constitutional Court, which rules on the constitutionality of legislation, approves international agreements, and rules on election‑related questions."

Document(s): Open document

08.03.2006 - Source: US Department of State

Law provides for a 3-tier court system; president exercises dominant influence in appointing and dismissing judges at all levels ("Country Report on Human Rights Practices 2005") [#46111],  [ID 15710]

"The law provides for an independent judiciary. In practice, courts were subject to political pressure from the executive and legislative branches, and corruption was a problem.

The law provides for a three-tier court system, including the highest court, the Court of Cassation, the court of appeals, and courts of first instance. Most cases originate in courts of first instance; appeals are lodged with the court of appeals and the Court of Cassation. The constitutional court rules on the constitutionality of legislation, approves international agreements, and rules on election-related questions. The constitutional court can only accept cases proposed by the president and approved by a two-thirds majority of parliament, and cases on election-related issues brought by parliamentary or presidential candidates. These limitations and the general lack of judicial independence combined to prevent the constitutional court from ensuring compliance with constitutional human rights safeguards.

The president exercises dominant influence in appointing and dismissing judges at all levels."

Document(s): Open document

08.03.2006 - Source: US Department of State

Legal provisions and practice regarding trial procedures ("Country Report on Human Rights Practices 2005") [#46111],  [ID 15740]

"The law requires that all trials be public except when government secrets are at issue. Juries are not used in trials. A single judge issues verdicts in courts of first instance, and a panel of judges presides over the other courts. Defendants have the right and are required to attend their trials unless they have been accused of a minor crime not punishable by imprisonment (a civil versus criminal misdemeanor). They also have access to a lawyer of their own choosing, and the government provided a lawyer at public expense to defendants upon request. More than half of all defendants chose to argue their own case in court due to the perception that public defenders colluded with prosecutors. Defendants may confront witnesses and present evidence and they and their attorneys may examine the government's case in advance of trial. Judges generally granted requests by defendants for additional time to prepare cases. The law provides for the presumption of innocence; in practice this right was not always observed. Prosecutors often did not begin a trial if they believed they would not obtain a guilty verdict—resulting in extended pretrial investigations and lengthy pretrial detention (see section 1.d.). Both defendants and prosecutors have the right to appeal. Prosecutors used confessions obtained under pressure, which some NGOs asserted amounted to torture, as a central part of their case. Defense lawyers may present evidence of torture to overturn improperly obtained confessions, although defendants stated that judges and prosecutors refused to admit such evidence of torture into court proceedings even when the perpetrator could be identified."

Document(s): Open document

28.02.2005 - Source: US Department of State

No military court system ("Country Report on Human Rights Practices 2004") [#29491],  [ID 2923]

"There is no military court system; trials involving military personnel take place in civilian courts, but they are handled by military procurators. Military prosecutors performed the same functions as their civilian counterparts and operated in accordance with the criminal code."

Document(s): Open document

28.02.2005 - Source: US Department of State

Short overview of the court system ("Country Report on Human Rights Practices 2004") [#29491],  [ID 2924]

"The Constitution provides for a three-tier court system. The highest court is the Court of Cassation. There are also two lower-level courts: The Court of Appeals; and courts of the first instance. Most cases originate in courts of first instance; appeals are lodged with the Court of Appeals and the Court of Cassation. The Constitutional Court rules on the conformity of legislation with the Constitution, approves international agreements, and decides election-related questions; however, it can only accept cases proposed by the President, approved by a two-thirds majority of Parliament, and cases on election-related issues brought by candidates who ran for parliament or president. These limitations, combined with the judiciary's lack of independence, prevented the Constitutional Court from ensuring compliance with the human rights safeguards provided by the Constitution.

Under the Constitution, the Council of Justice, which is co-chaired by the President, the Prosecutor General, and the Justice Minister, appoints and disciplines judges for the courts of first instance, Courts of Appeals, and the Court of Cassation. The President appoints the other 14 members of the Justice Council and 4 of the 9 Constitutional Court judges. This authority gives the president dominant influence in appointing and dismissing judges at all levels."

Document(s): Open document

08.05.2003 - Source: International Helsinki Federation for Human Rights

Courts are in bad physical conditions ("Human Rights in the OSCE Region: Armenia") [#12599],  [ID 2925]

"The physical conditions of many courts were completely substandard despite the subsidies granted for reconstruction and the construction of new court houses. For example, the Courts of First Instance of the Center and the Norq-Marash, Achapnyak and Davitashen, Arabkir and Qanaqer-Zeytun regions of Yerevan, as well as those in the towns of Vanadzor and Gumri worked under unacceptable conditions. Court employees even had to charge people for copying or printing out their documents."

Document(s): Open document

18.02.2003 - Source: European Parliament

Court systen ("Informationen zur politischen und wirtschaftlichen Lage Armeniens und zu den Beziehungen zwischen der EU und Armenien") [#13877],  [ID 2930]

"2.3. Judikative

Die Justizhoheit in Armenien steht den Gerichten zu. Die ordentlichen Gerichte sind die Gerichte erster Instanz, die Rechtsmittelgerichte und das Berufungsgericht. Mit der Verfassung wird ein Organ, der Justizrat (Artikel 94 der Verfassung) zur Gewährleistung der Autonomie aller Gerichtsorgane eingesetzt. Der Präsident sitzt dem Justizrat vor. Das Verfassungsgericht setzt sich aus neun Mitgliedern zusammen, von denen fünf von der Nationalversammlung und die restlichen vier vom Präsidenten benannt werden. Aufgabe des Verfassungsgerichts ist es, die Konformität sämtlicher Rechtsvorschriften, Präsidialerlasse und Regierungsbeschlüsse mit der Verfassung zu gewährleisten (Artikel 100 Absatz 1 der Verfassung)."

Document(s): Open document

2003 - Source:

OSCE/ODHIR: Court system ("OSCE/ODHIR: Court system, 2003") [ID 2931]

"Judicial power in Armenia is vested in the courts. The courts of general jurisdiction are the tribunal courts of first instance, the courts of review and the Court of Appeals. The Constitution establishes a body called the Judicial Council (Article 94 of the Constitution) for the purpose of ensuring the autonomy of all judicial bodies. The President heads the Judicial Council. The Minister of Justice and the Chief Prosecutor are the vice-presidents of the Council. The Judicial Council has authority over the entire judicial system. It operates on the basis of a separate act, and with the President as chairman of this body together with his authority to appoint and dismiss judges, creates a system in which the powers of the judiciary are not entirely independent."

Document(s): OSCE/ODHIR: Court system, 2003

2003 - Source:

OSCE/ODHIR: Constitutional Court ("OSCE/ODHIR: Constitutional Court, 2003") [ID 2932]

"The Constitutional Court is comprised of nine members, of whom the National Assembly appoints five and the President appoints the remaining four. The President appoints the president of the Constitutional Court from among the members of the Constitutional Court. The Constitutional Court is responsible for ensuring the conformity of all laws, Presidential decrees and governmental resolutions, with the Constitution (Article 100(1) of the Constitution). The Constitutional Court is not a court of appeal from ordinary courts. Also, ordinary individuals may not file claims with the Constitutional Court. Article 101 of the Constitution prescribes that only MPs, electoral candidates; the President, the National Assembly, and the Government may file a direct appeal with the Constitutional Court."

Document(s): OSCE/ODHIR: Constitutional Court, 2003

10.2002 - Source: Schweizerische Flüchtlingshilfe

Constitutional Court ("Analysen und Hintergründe ") [#10328],  [ID 2933]

"Oberstes Gericht ist das Verfassungsgericht, von dessen neun Mitgliedern der Präsident vier, die Nationalversammlung dagegen die übrigen fünf beruft. Die Berufung erfolgt unwiderruflich und bis zum 70 Lebensjahr, während das Rentenalter aller übrigen Richter bei 65 liegt. Die Verfassungsrichter sollen darüber wachen, dass die Gesetze und Beschlüsse der Nationalversammlung, die Erlasse des Präsidenten sowie die Erlasse der Regierung der Verfassung sowie internationalen Rechtsnormen entsprechen. Im Konfliktfall formuliert das Verfassungsgericht auch unwiderruflichen Beschlüsse über die Ergebnisse von Wahlen und Referenden. Dass das Verfassungsgericht die umstrittenen Präsidentschaftswahlen von 1996 für rechtmässig erklärte, trug erheblich zum Ansehensverlust der obersten Gerichtsinstanz Armeniens bei."

Document(s): Open document

02.2002 - Source: US Agency for International Development

Armenia has a three level system of courts of general jurisdiction: Courts of First Instance, Courts of Appeal and the Court of Cassation, and for the hearing of economic cases, a two-level system ("The court system of the Republic of Armenia") [ID 2926]

"The Courts of first instance have jurisdiction over all civil, criminal and administrative cases. The courts of first instance also resolve problems connected with taking into custody, with permission to search apartments, as well as the restriction of the right to secrecy of correspondence, telephone conversations, postal, telegraphic and other means of communication

The Courts of Appeal are the courts that, on the basis of a valid appeal, hear for a second time, on the merits, the cases previously heard in the courts of first instance.

The Court of Cassation is the court that reviews the verdicts, sentences and decisions of the Courts of First Instance and the Economic Court that have come into legal force, and verdicts, sentences and decisions of the Courts of Appeal, on the basis of appeals to the Court of Cassation against these acts, within the grounds mentioned in the appeals."

Document(s): The court system of the Republic of Armenia

02.2002 - Source: US Agency for International Development

Courts of first instance (" The court system of the Republic of Armenia") [ID 2927]

"The Courts of first instance have jurisdiction over all civil, criminal and administrative cases. The courts of first instance also resolve problems connected with taking into custody, with permission to search apartments, as well as the restriction of the right to secrecy of correspondence, telephone conversations, postal, telegraphic and other means of communication.

A court of first instance exercises other powers provided by law. The trial in the court of first instance is heard by one judge. There are 10 Regional Courts of first instance and 7 community courts of first instance in Yerevan. The seats of a court of first instance are situated in the administrative territory of the corresponding region (community, communities)."

Document(s): The court system of the Republic of Armenia

02.2002 - Source: US Agency for International Development

Courts of appeal (" The court system of the Republic of Armenia") [ID 2928]

"The Courts of Appeal are the courts that, on the basis of a valid appeal, hear for a second time, on the merits, the cases previously heard in the courts of first instance.

The verdict of the Court of Appeal comes into force 15 days after its promulgation. There exist two courts of appeal in the Republic of Armenia: the Court of Appeal for Civil Cases and the Court of Appeal for Criminal and Military Cases.

The Court of Appeal examines the evidence anew. The Court of Appeal is not constrained by the arguments in the appeal for rehearing and can consider the case in its full volume.

The cases in the Court of Appeal are heard by a panel of three judges. The judicial territory of a Court of Appeal is the territory of the Republic of Armenia. The seat of the Courts of Appeal is the city of Yerevan."

Document(s): The court system of the Republic of Armenia

02.2002 - Source: US Agency for International Development

Court of Cassation ("The court system of the Republic of Armenia") [ID 2929]

"The Court of Cassation is the court that reviews the verdicts, sentences and decisions of the Courts of First Instance and the Economic Court that have come into legal force, and verdicts, sentences and decisions of the Courts of Appeal, on the basis of appeals to the Court of Cassation against these acts, within the grounds mentioned in the appeals.

There is one Court of Cassation operating in the Republic of Armenia. The Court of Cassation is headed by a Chairman, and has two chambers: one for civil and economic cases, one for criminal and military cases. Each chamber of the Court of Cassation is comprised of its Chairman and 5 judges. Cases are heard by all the judges of the respective chamber.

The Court of Cassation, based on the results of the case hearing, has the right to leave the verdict of the court unchanged, to reverse it and send the case for a new hearing to the Court of Appeal or Economic Court, to discontinue proceedings, or to leave the claim without consideration.

A decision of the Court of Cassation comes into legal force from the moment of its promulgation and is not subject to appeal."

Document(s): The court system of the Republic of Armenia