Armenia’s Judicial System Struggles with Corruption Amidst Reform Efforts

Despite significant progress in judicial reforms following the Velvet Revolution, corruption remains a pervasive issue in Armenia’s judiciary. Recent surveys and international organizations have highlighted the need for further action to address these concerns.

Trust in the Court System

According to a survey conducted by the International Republicans Institute, only 36% of Armenians trust the court system. Many respondents express doubts about its independence due to external influence and corruption. The judiciary is one of the least trusted institutions in the country, along with the prosecutor’s office and constitutional court.

Judicial Reforms

The government has introduced reforms aimed at addressing these concerns, including the 2019-2023 Strategy for Judicial and Legal Reforms. However, progress has been slow, and international organizations have called for further action to reduce the executive’s influence over judicial appointments and ensure disciplinary proceedings are not used as a form of political retaliation.

Power Struggles

A power struggle reportedly unfolded over appointments to the constitutional court and decisions on corruption cases involving the former regime. In 2019, Armenia’s minister of justice attempted to remove the constitutional court chairman due to his alleged ties to the former president’s defense lawyers and membership in the former ruling party.

Constitutional Amendments

In June 2020, Armenia’s National Assembly instituted a new constitutional amendment removing the 12-year limit for judges sitting on the constitutional court. This move led to the retirement of three judges who were seen as shielding members of the former regime. However, their appeal to the European Court of Human Rights was rejected due to lack of evidence of serious harm.

GRECO’s Concerns

The Council of Europe’s advisory body on legal matters has expressed concern over the executive’s attempts to pressure judges and high-ranking judiciary officials to resign. GRECO, a leading anti-corruption organization, has also noted that further steps are required to reform personnel management procedures and reduce the direct influence of the executive in judicial appointments.

Compliance with Recommendations

While some progress has been made, Armenia’s compliance with GRECO’s recommendations remains “globally unsatisfactory,” according to the organization’s interim report. The new judicial code provides appeals mechanisms for dismissed or refused judicial staff, but a strong mechanism for safeguarding against interference from the executive is still lacking.

Way Forward

Reform efforts continue, but experts say that sustained commitment and action are necessary to address corruption in Armenia’s judiciary and ensure the independence of its institutions. It is essential to reduce the direct influence of the executive in judicial appointments and ensure disciplinary proceedings are not used as a form of political retaliation.

Key Takeaways

• Only 36% of Armenians trust the court system
• The judiciary is one of the least trusted institutions in the country
• International organizations have called for further action to reduce the executive’s influence over judicial appointments
• GRECO has expressed concern over attempts to pressure judges and high-ranking judiciary officials to resign
• Armenia’s compliance with GRECO’s recommendations remains “globally unsatisfactory”