Rule of Law Initiative Programs - Armenia

Criminal Law Reform

The criminal justice system in Armenia remains imbalanced, with few professional resources available to defense lawyers. The Rule of Law Initiative's Criminal Law Reform program in Armenia seeks to support the professional development of advocates, provide institution building guidance to the country's first Public Defender Office and, increase knowledge and encourage compliance with international human rights norms, with a special focus on pre-trial detention issues. 

Armenian Public Defenders receive an ABA training on legal analysis and writing using the IRAC system.

Public Defender Office: In the Republic of Armenia, there has historically been no effective system for free legal defense.  Typically, defense lawyers in criminal cases for the indigent have been appointed by investigators or prosecutors, with whom they have a close relationship, negating the possibility of an adequate defense.  In 2005, Armenia legislated a national Public Defender Agency that came into force on January 1, 2006, providing legal aid for all criminal cases and some civil cases (personal injury and alimony). The Public Defender Agency, which is a sub-unit of the Armenian Bar Association (the Chamber of Advocates), employs 30 public defenders throughout the country. It has recently passed its operational charter and manual. The Rule of Law Initiative's participation was key to the creation of this organization, and the criminal law program continues to provide capacity building and organizational development assistance to this organization.

Legal Training: The criminal law program has historically provided professional trainings to defense lawyers and criminal defense lawyers, which are an underserved legal demographic with little access to professional services and support.  Historically, trial advocacy skills and substantive issues as ECHR law have been addressed during these trainings.  During 2006, the criminal program provided trainings on the amended criminal code and criminal procedure code, case strategy and the ECHR, trainings for young advocates and ex parte ethics for advocates.  

 

Judicial Reform

The ABA seeks to enhance the independence, competence and accountability of judges in Armenia and to develop resources necessary for the transparent administration of justice.  The November 2005 constitutional referendum instituted sweeping changes that were intended to increase human rights protections, to improve the balance of power among the executive, legislative and judicial branches of government and to create a more independent judiciary.  The ABA works to provide the judiciary with the skills and information it needs to perform in this new environment.

Chief justices from the Armenian and Georgian supreme courts meet during April 2006 to discuss their efforts at judicial reform.

The judicial reform program provides technical assistance to the Court of Cassation in the application of case precedence, which is a new concept in the Armenian legal system. This change will increase transparency and accountability by requiring written decisions that articulate the courts' reasoning. Together with the British East-West Centre, the ABA created a Case Law Manual for the judiciary that covers US, UK, EU and Armenian law, and conducted trainings for the judiciary on precedence. Additionally, the Rule of Law Initiative worked with the Court of Cassation to develop new court rules and procedures to reflect the sweeping changes that the new law will have on the court system. The judicial reform program continues to assist with trainings for the Judiciary on precedence to provide judges with the skills and information necessary to hand down fair and legally accurate decisions in the new system.  All members of the judiciary have participated in these trainings.

In December 2005, Armenia adopted a new Code of Judicial Ethics. The Code, which is based on the Bangalore Principles of Judicial Conduct, is the culmination of nearly two years of work by the Association of Judges of the Republic of Armenia and the ABA. All Armenian judges had an opportunity to review and comment on drafts of the Code, and members of the AJRA are finalizing a commentary, which will provide practical guidance and ensure uniform implementation of the Code.

 

Legal Education Reform

Staff from the ABA partner legal clinics participate in a moot court competition at the close of the 'winter school' training.

The ABA's legal education reform program focuses on establishing and improving university-based legal clinics while also reforming Armenia's legal curriculum to strengthen the practical lawyering skills of young legal professionals. The legal education reform program also develops public education materials in order to raise awareness on issues such as gender equality and children's rights.

In the Spring of 2007, the ABA continued to support legal clinics at the State University of Gavar, University of Gyumri, and the Mkhitar Gosh Armenian-Russian University.  Starting in the Fall semesters of 2006, clinical work at each of these Universities now counts for academic credit, and University financial and institutional support has improved.

In October 2006, all clinical staff attended a Rule of Law Initiative institution building workshop, which focused on ensuring high-quality clinical services, promoting the role that the clinics play within the legal system and the university education system,

"Alphabet of Law" cartoon. PSA aired in 2006.

and enhancing networking between the clinics.  To achieve this, the ABA provided a series of practical, interactive exercises and information to provide the clinicians with the ability to better regulate clinic activities, ensure appropriate financial and technical conditions in the clinics, promote interaction between clinics and pro bono centers and increase public awareness of clinical services. 

In 2006, the ABA premiered three new Alphabet of Law public service announcements (PSAs), which present basic rule of law concepts to children through the medium of television cartoons.  The most recent PSAs focused on bullying, the importance of paying taxes and the European Union.  The PSAs are widely shown on TV stations throughout Armenia and are used by the Rule of Law Initiative's street law partners in their lessons throughout Armenian schools. Click here to see all PSAs on-line.

In order to enhance public awareness of the importance of voting in the upcoming parliamentary election in May 2007 and Armenia's presidential election in 2008, the Rule of Law Initiative is set to air four new televised public service announcements that focus on voting issues. The spots, the latest in the Rule of Law Initiative's popular Alphabet of Law animated public education series aimed at children, are sponsored by the United Nations Development Project (UNDP).  Please follow this link to read  more on the ABA Rule Of Law Initiative's New Alphabet Of Law Election Spots In Armenia.

 

Legal Profession Reform

Members of the Chamber of Advocates elect a new board for the Chamber at the second annual meeting of the Chamber.

The ABA's legal profession reform program focuses on creating independent and sustainable associations of lawyers, developing public advocacy initiatives, and enhancing the professional development of lawyers and the resources available to them.

In 2006, the Rule of Law Initiative worked with the national Chamber of Advocates to create and implement the first Advocate Qualification Exam in over 5 years, a huge step forward for ensuring the professional level of legal professionals and the legal system.  The exam itself was observed by national and international monitors during both the written and oral portions of the exam, and resulted in the issuance of 160 new licenses for advocates.

The ABA continues to work with the Chamber to develop their capacity to provide member services to attorneys, with a special focus on ethics and continuing legal education (CLE).  Most recently, the legal profession reform program has worked with the Chamber to provide specialized trainings for those young advocates who recently passed the bar in order to provide them with the skills necessary to work within a new, precedent driven legal system.

 

Other Programs

Spring 2007 Parliamentary Elections

Armenian lawyers who provided pro bono legal advise on elections day participate in a training on the new Armenian Elections Code.

Armenia’s Parliamentary elections, held on May 12, were the first in the history of independent Armenia that international observers recognized as free and compliant with most international standards. Prior to and during the elections, the ABA worked with national and international organizations to raise citizen's awareness of their electoral rights and to promote adherence to the rule of law during the elections to ensure a fair, transparent electoral process.  Activities included the creation of an NGO Advocacy Network, provision of legal aid and legal advice to citizens throughout the election period, and trainings for judges and lawyers on the Armenian electoral code. A national toll-free hotline number was made available to all Armenia citizens in need of legal assistance on election-related issues and problems. A colorful and far-reaching promotional campaign - featuring yellow and green hats, posters, flyers and stickers - was implemented to raise awareness about the availability of the Rule of Law Initaitive's free legal services.

Fifteen "ambulances," each manned by three civic activists and one lawyer, were in action on election day. Coordinated by lawyers at the hotline headquarters, the ambulances operated in Yerevan and other regions and were sent to follow up on calls from citizens who needed on-the-spot legal assistance. The hotline received 129 calls in the pre-election period and 113 calls on the day of the election. Lawyers at the hotline providing legal consultations and assistance to callers, many of whom requested clarification on voting procedures, aid in restoring their voter rights, and assistance in filing complaints.

In order to enhance public awareness of the importance of voting in the upcoming parliamentary election in May 2007 and Armenia's presidential election in 2008, the Rule of Law Initiative is set to air four new televised public service announcements that focus on voting issues. The spots, the latest in the Rule of Law Initiative's popular Alphabet of Law animated public education series aimed at children, are sponsored by the United Nations Development Project (UNDP).  Please follow this link to read  more on the ABA Rule Of Law Initiative's New Alphabet Of Law Election Spots In Armenia.

For more information, contact the Armenia office at ceeli@abaceeli.am.