Very often a part of them
undertakes a prosecutor’s role

The
Public Defenders’ Office (PDO) was established in 2006 in Armenia to provide
socially unprotected groups with free legal assistance, to guarantee the norms
and regulations stipulated by law. Some time ago, the office worked
efficiently, handling cases submitted to the office with less staff. Currently,
the office has more lawyers, but is highly overloaded.  

Hrayr
Tovmasyan, Minister of Justice and Masis Ghazanchyan, Head of PDO mentioned
that the extremely high workload affect negatively the quality of service of
public defenders.

The
number of cases at the PDO increased twice in comparison to 2008. In addition, the
amendments to the “Law on Advocacy” come into force in January next year and enlarge
the list of services that public defenders have to provide.

“Currently,
public defenders are enormously overburdened. They are not able, physically or
psychologically, to handle so many cases at high quality, which they could do
otherwise,” says Masis Ghazanchyan, Head of PDO.

Since
September 2012, the number of public defenders increased by 18 lawyers and now
54 lawyers work as public defenders in marzes and capital of Armenia.

“This
will significantly help in handling the workload of criminal cases. But we
expect a great inflow of civil cases starting January 2013, and with even the
recently obtained workforce we will not be able to provide timely and high quality
service,” believes Mr Ghazanchyan. He states that the newly hired public
defenders are specialists in criminal law, but hopes that the staffing plan
will include additional 22 lawyers next year.

Legal amendments enlarge the list of cases to be
provided by PDO

The amendments to the “Law on
Advocacy” of RA were adopted on 8 December, 2011.

Zhora
Khachatryan, Senior Advisor to the Chair of the Chamber of Advocates, states that
before the law stipulated provision of free legal service to vulnerable social
groups in criminal cases. “Only limited number of cases within the civil law
was guaranteed with free legal service, such as payment of aliments,
compensation in case of death of a bread winner in family, in case of injury or
other harm to health. Next year the list will significantly increase. Also, the
number of addresses are going to be increased: socially unprotected groups,
handicapped, single pensioners, parentless children and other will be entitled
to free legal service of public defenders,” says Mr Khachatryan.

They
are not satisfied with the quality of service but they do not have another
choice

OSCE/ODIHR
expressed concern over the quality of service provided by public defenders in
Armenia in its report “Trial Monitoring Project”, published in March 2010. In
37% of cases the work of public defenders was considered as unsatisfactory. “In
these cases, the monitors reported that they found public defenders generally
passive. Some appeared to be ill-informed about the charges against their
clients and the facts of their cases. They did not always submit motions to
request presentation of evidence, examination of new witnesses…,” reads the
report.

Masis
Ghazanchyan, Head of PDO says that their office and the Chairman of Chamber
of Advocates regularly check the cases managed by public defenders, examine the
complaints and when shortcomings and violations are observed they are not left
unattended.

Masis
Ghazanchyan emphasizes that he is not satisfied with the work attitude of some
lawyers in regions. “We have a recruitment problem in many marzes, we often face
the situation when we have to hire this or that person as public defender otherwise
we will be left without a public offender in that marz,” he says. He spoke
highly of public defenders in Yerevan and Lori marz but complained that in
other marzes there is “no quality, adherence or energy.”

“Recently
I proposed that a number of public defenders be replaced, for their work
operation reminds more of prosecutors’ than public defenders’” says Masis
Ghazanchyan, and adds that he would replace about 60%-70% of current cadre in
marzes if they had better options. However, the salary of public defenders does
not attract good lawyers.  He added that
the low level of legal culture is alarmingly low: “in some marzes the trial
reminds of kolkhoz’ meetings, and this applies to prosecutors, judges and
lawyers”.

Lawyers
are concerned

Louiza
Haroutyunyan, lawyer of Public Defenders’ Office in Ararat does not complain about
the workload: “Now the number of cases are fairly distributed in the office.” Davit
Parsadanyan, public defender in Tavush marz, is of the same opinion.

At
the same time, lawyer Henrik Baghdasaryan considers the workload of public
defenders in Yerevan tremendous.  “We try
to manage, but we work in extremely overloaded conditions. I have in my hand
now more than 20 cases and have to go for a vacation next month,” he says. The
public defender has worked in the PDO since its establishment and is convinced that
at least the old cadre work “with heart and ensures quality”.  “Nevertheless, our monthly salary equals to
other lawyers’ hourly payment. In addition, we pay ourselves for the transport
costs to reach far corners of the city, as the office does not provide us with
the transport means,” notes Mr Baghdasaryan.  

In
conversation with us all public defenders unanimously stated that with the
amendments coming in force it will be not possible to provide high quality
service. In their opinion, at least 20 more lawyers specialized in civil law
will be required.

Gayane
Arakelyan