NON-GOVERNMENTAL ORGANIZATION
Human Rights Defenders Against the Conduction of Trial in Absence of Defendant
Today four human rights NGOs issued the following statement
5.02.2009
On February 3 RA Government presented to the National Assembly a package on amendments and restatements of some of the laws on RA judicial system. Particularly, according to one of the proposed amendments, if a defendant expresses non-respectful attitude towards the court, the court has a right to send him out from the courtroom and continue the trial in his absence.
Not even considering the fact that “non-respectful attitude towards the court” can be interpreted and enforced with bias attitude, the right of a person to be tried in his presence is one of the main principles of fair trial and is guaranteed by a number of international conventions ratified by the Republic of Armenia, including UN Covenant on Civil and Political Rights, where it is clearly stated that everyone charged with a criminal offense shall be entitled to be tried in his presence, and to defend himself in person1.
We, non-governmental organizations, the cosigners, taking into consideration the above mentioned issue, think that the proposed provision is not allowed and we call upon the National Assembly to avoid adoption of this amendment.
Civil Society Institute
Arman Danielyan
Helsinki Committee of Armenia
Avetik Ishkhanyan
Helsinki Citizens’ Assembly Vanadzor
Arthur Sakunts
Against violation of law
Michael Aramyan
1International Covenant on Civil and Political Rights, Article 14
