Statement on Public Discussion on Application of International Experience of Forming and Operating a Fact-Finding Committee and Possible Conceptual Approaches

On September 27, 2019, the Head of the EU Delegation to Armenia welcomed the adoption of the 2019-2023 Strategy for Judicial Reforms in the Republic of Armenia (hereinafter referred to as “the Strategy”), which fully complies with international experience and the bilateral commitments in this area, envisaged by the EU-Armenia Comprehensive and Extended Partnership Agreement (hereinafter referred to as “CEPA”).

The development of the strategy was carried out under the active cooperation of the government with civil society. The CSO Anti-Corruption Coalition of Armenia (hereinafter referred to as the Coalition) and especially the Armenian Lawyers’ Association (hereinafter referred to as the ALA) which coordinates the Coalition Secretariat played an active role in this cooperation. The ALA and the Coalition member CSOs have undertaken extensive work in the process of developing the Strategy for its adoption. In particular, in the scope of the EU-funded “Commitment to Constructive Dialogue” the successful and failed international experience of various institutions and tools, the Armenian context were examined, and based on them the evidence based proposals for transitional justice and the introduction of its tools in Armenia have been presented.

The Coalition,  whose future vision is to build a happy, harmonious, and corruption-free society, has shown the will and consistency aimed to create the transitional justice system in the country and to make it operational as soon as possible with its whole toolset. In pursuit of that goal the Coalition:

1. On 28 November, 2018 in cooperation with the Government of the Republic of Armenia held a Forum  of civil society and government entitled “The Possibilities of Introducing Mechanisms of Transitional Justice in the RA in the Light of International Experience”.
2. In January 2019, the Coalition established an “Ad Hoc Transitional Justice Committee in Armenia”, one of the main goals of which is to organize fact-finding work within the framework of transitional justice.
3. On 21 February, 2019, the ALA prepared and published the report on “The Applicability of Transitional Justice Mechanisms in the Republic of Armenia in the Light of International Experience” (hereinafter referred to as the Report), which aimed to present the essence of transitional justice and its applicability in Armenia, the current international experience with successful and failed examples in different countries, tools, mechanisms and institutes applied, as well as a comparative-analytical approach to identifying transitional issues in Armenia and the most effective model with least risks applicable to justice in case of execution.
4. During the 24 May, 2019, hearings at the National Assembly, Coordinator of the Coalition Secretariat, President of the ALA Karen Zadoyan acted as the key speaker from the civil society, Chairman of the Governing Board Arkadi Sahakyan, Coalition Governing Board Member Movses Aristakesyan and other Coalition experts delivered speeches on the use of different transitional justice mechanisms.
5. At the October 10, 2019 session, the Government of the Republic of Armenia approved the Strategy, which included part of the Report’s recommendations on the possible introduction of transitional justice in the Republic of Armenia by the period of application, the scope of the cases and the mechanisms of implementation. In particular, the recommendations made in the Criminal Justice Division included the creation of a specialized Court for the Investigation of Corruption and the Truth Search Section – the establishment of a Truth and Reconciliation Commission.

6. On the 10 October, 2019 session, the Government of the Republic of Armenia approved the “Judicial and Legal Reforms’ Strategy of the Republic of Armenia and its Implementation Action Plan for 2019-2023” presented by the Ministry of Justice of the Republic of Armenia(hereinafter referred to as the Strategy), in which the recommendations of the report by the period of application, according to the scope of application and the mechanisms of application were partially incorporated. Specifically, the recommendations in the criminal justice section on the establishment of a specialized court investigating corruption crimes; and Truth and Reconciliation Commission in the section of the truth seeking process.

Prior to the adoption of the Strategy, in line with the Government Program provisions and the commitments enshrined in the EU-Armenia CEPA, the Government’s policy statements on engaging and collaborating in a constructive environment with civil society organizations inspired confidence that the Government would continue to work closely with the CSOs actively involved in the process, including with the Coalition which joins 71 CSOs.

However, as developments have shown, these high-profile political statements in addition to failure to be called to life,  there has been a failure to maintain the evidence based  format of cooperation with key actors in a number of crucial processes since the initial stage of strategy implementation. This policy was manifested in the following actions:

1. The adopted version of the strategy, does not include a group of Coalition recommendations based on the international experience, which concern to the full implementation and operation of all 4 mechanisms of the transitional justice system in Armenia, as well as to the formation of institutional structures to fight corruption, and guaranteeing their institutional independence from the very initial stage.
2. Representatives of the Coalition and the ALA were not invited to participate in the public discussion on “Application of International Experience of Forming and Operating a Fact-Finding Committee and Possible Conceptual Approaches in the scope of the 2019-2023 Strategy for Judicial Reforms” organized on 26 December, 2019, by the “Center of Legislation Development and Legal Researches” of the Ministry of Justice of RA. A statement issued by the Ministry of Justice on the aforementioned public hearing indicated that CSO representatives participated. However, our observation showed that the majority of CSOs participating in the discussion had never been involved in strategy development, or improvement work; and CSOs Community are not aware of their legal knowledge and/or practice.  

The above allows the Coalition to conclude that by their actions, the Armenian political authorities are driving a wedge in cooperation with specialized CSOs with serious contributions to the architecture of anti-corruption policy and transitional justice in the country; instead using mainly loyal to political authorities and politicized CSO representatives as a veil of constructive dialogue.

Based on the above said, the Coalition calls on the political authorities:

• Reaffirming their commitment to the implementation of the values ​​of the velvet revolution, to collaborate with CSOs that have made a significant contribution to the implementation of judicial reform, the fight against corruption and implementation of transitional justice by forming a unified agenda for transitional justice in the country;
• Urgently undertake the development of the concept of transitional justice in Armenia and the development and implementation of an action plan based on it, which will include necessary, realistic and evidence-based measures with all four mechanisms for implementation of transitional justice:  Criminal Prosecutions, Truth-seeking, Reparations, Institutional Reform.

Governing Board of the CSO Anti-Corruption Coalition of Armenia

1.  “NGO Center” Civil Society Development NGO – Arpine Hakobyan,
2. “Armenian Lawyers’ Association” – Karen Zadoyan,
3. “Union of Advanced Technology” – Arkadi Sahakyan,
4. “Center for Economic Rights” – Movses Aritsakesyan,
5. “Armenian Association of Young Doctors”, – Gevorg Grigoryan,
6. “Right and Freedom Center” – Sona Harutyunyan,
7.  “Tukhmanuk Human Rights and Education Center” – Mary Chakhoyan,
8. “Union of Communities of Armenia” – Emin Yeritsyan,
9. “Support for Equal Opportunities Foundation” – Hayk Margaryan.

The statement was accepted as of 30 December, 2019.