Persons holding public position are obliged to act within the limits of their status and demonstrate restraint with regard to a case pending before the court

Persons holding public position are obliged to act within the limits of their status and demonstrate restraint with regard to a case pending before the court

The process related to the judicial proceeding with regard to the events of 1 March 2008 is under the primary attention of the Defender.

 

Given the course of these events, the Defender considers it necessary to note that:

1.The exercise of state power in the country should be guaranteed in accordance with the Constitution and laws, on the basis of separation and balance of the legislative, executive and judicial powers. Each of these authorities should respect the other and be guided only by the mandate assigned to it.

 

2. Effective judicial power requires the full independence of the court and the judge, both from the legislative and the executive powers, from any other body or an official, as well as an absolute prohibition of interference by anyone. The law obliges the court to demonstrate impartial attitude regardless of the nature of the case or any other pressure or attempts to exert pressure.

It is necessary to clearly realize that the case or the issues brought before the judge is always concrete, the solution of which should be given by the court based on the circumstances of that specific case.

All issues should be resolved within the legal framework provided for by law.

 

3. The monitoring of the Human Rights Defender's Office shows that there is a high degree of intolerance, hate speech, threats and even calls for violence in the internet and especially in social networks.

 

4. Persons holding public position and engaged in public activities, are especially obliged to strictly adhere the boundaries of the legal mandate prescribed for them by the Constitution, laws or other legal acts of the country and contribute to the atmosphere of solidarity and mutual respect through their own conduct.

 

I ask all the parties to demonstrate tolerance in order to maintain the normal course of judicial proceedings and solidarity.

 

Arman Tatoyan

The RA Human Rights Defender