Helsinki Citizens’ Assembly-Vanadzor

A study on the right to fair and public trial within a reasonable time in Armenia: REPORT 

In recent years, the measures taken within the context of judicial and legal reforms have not been sufficient to prevent cases of violation of the right to fair and public trial within reasonable time in Armenia. Despite the periodic and radical reforms being carried out in the judicial system, citizens encounter delayed justice, in particular, unjustified delays, ineffective and prolonged examination of cases, non-enforcement of court decisions, non-publication of the final judicial acts, and other interrelated problems. 

The state has a positive obligation to ensure that trials are open to the public, except for the special cases established by the legislation. The publicity of trials is an important precondition for effective judicial protection and for excluding the administration of shadow justice. 

Besides, the presence of monitors and the public in the judicial sessions can enhance the identification of existing problems, as well as encourage the judges to act according to the international requirements of the right to a fair trial. 

Helsinki Citizens’ Assmbly-Vanadzor (HCAV) in order to improve the provision of fair and public trial in a reasonable time in Armenia, within the framework of the project “ Integrity of Justice Reforms” from 2023 to 2024 started monitoring judicial sessions in the courts of first instance of general jurisdiction and the appellate and specialized courts. 

The main purpose of the project “Integrity of Justice Reforms” is to ensure the integrity of the reforms of the judicial system in Armenia and to improve the accountability, transparency, and oversight of the judicial system. 

The monitoring of court sessions was aimed at collecting reliable data on the state of ensuring the right to a public and reasonable trial in courts, which are the most important components of the right to a fair trial, as well as developing the capacities of civil society representatives in conducting monitoring in courts.

This report has the purpose of representing the problems recorded in the judicial system and recommending amendments, which will enhance the improvement of the state of the right to public and fair trial in a reasonable time.