By Prof. Osheen Keshishian

The legal system in Armenia probably is the most untrustworthy institution. Many people have worked on the legal system for the past twenty years - to improve them, to bring them to international standards. The Constitution guarantees a just system. The laws exist, but the application of the laws, the enforcement of the laws depends on who the guilty person is or who is the presiding judge and what relations he/she has with the authorities.

Many frivolous decisions have been taken by the courts – and there are hundreds of cases to prove the point.

There was a time when the government insisted that if the salaries of the judges were raised, then the situation will improve and the bribery will be diminished and hopefully decisions will be taken according to the Constitution and the law of the country. A few years ago, a judge decided that the government was wrong and the citizen was right. What happened? The same day the judge was dismissed from his post…

Over   the  years  many  legal  minds,  attorneys  and judges from various countries have visited Armenia to examine and improve the legal system. Judges from California, even a United States Supreme Court Justice has been in Armenia, and other countries have been working on the system, but again, the enforcement   of   the  laws according to the Constitution have been very far from being just. The Armenian Bar Association members of Los Angeles have done their part, they have made suggestions, but again, there hasn’t been any improvement in the application of the law and justice. People argue, that it is a new country and it takes time.

The issue is the even application of the law which unfortunately is not justly practiced in Armenia. There are many countries where the law is not justly enforced, but is that a reason to give a quick verdict in one day, without giving the chance to the “victim” to appeal. Hundreds of cases have been recorded during the past few years, and particularly involving Armenians from the Diaspora

World Bank’s managing director Ngozi Okonjo-Iweala in 2009 warned that  the Armenian government should remove the “oligopolistic” structure of the national economy, bolster the rule of law and show “zero tolerance” towards corruption. Apparently the statement fell on deaf ears.

Armenia’s Minister of Justice Hrayr Tovmasyan told PACE’s co-rapporteur Lord  John Prescott in Yerevan that survey results indicate that still 80% pf the population have distrust towards Armenia’s judicial power and system.

Now, Armenia’s Justice Ministry signed an agreement in March of 2012 with Southwestern Law of Los Angeles and the Armenian Bar Association to start a program and send American lawyers and experts to Armenia to improve the legal system. Definitely it is a good sign, it is another attempt and hopefully it will make a dent in the application of the law. I hope this time will not be wasted and there will be some improvements in the enforcement and application of the law. We will see and hope that there will be positive results.