In the Court of General Jurisdiction of Syunik Region Monitoring of the Issues of the Access to Free Legal Aid Providing for Conscripts

1. In the Court of General Jurisdiction
of Syunik Region
Monitoring of the Issues of the Access to Free
Legal Aid Providing for Conscripts
Իրավունքների
Տեղեկատվական Կենտրոն
ՀԿ

2. To promote the availability of the provision of
Conscripts' right to free legal aid
THE GOAL OF THE PROJECT IS

3. WITHIN THE FRAMEWORK OF THE PROJECT
IMPLEMENTATION WERE LAID THE FOLLOWING OBJECTIVES

4. • To study the risks of violation of the
rights of the conscripts involved in the
judicial processes in terms of the
efficiency of the provision of legal aid
• To study the current legal frame work
and practice
• To identify systemic problems that hinder
the efficiency of public defenders' work
• To present suggestions aimed at
improving the accessibility and the
provision of free legal aid.

5. The monitoring was carried out in the General
Jurisdiction Court of First Instance of Syunik region
( Kapan and Goris residences)

6. The monitoring was carried out
in 3 stages

7. 1ST STAGE - PREPARATORY , DURING WHICH
WAS STUDIED THE LEGISLATION RELATING
TO THE FIELD , WERE DEVELOPED
QUESTIONNAIRES, OTHER DOCUMENTS, RULES
AND GUIDELINES FOR THE BEHAVIOR OF THE
OBSERVER

8. 2ND STAGE - INFORMATION COLLECTION,
MONITORING OF COURT SESSIONS, DURING WHICH
WERE OBTAINED THE NECESSARY DATA AND
INFORMATION FOR ANALYSIS

9. 3RD STAGE - THE STAGE OF FINALIZING AND
PUBLISHING THE RESULTS OF MONITORING, DURING
WHICH IMPLEMENTED GATHERED DATA WERE
PROCESSING, ANALYSIS, AND PREPARATION OF THE
SUMMARY REPORT.

10. SESSION STATISTICS

11. • From March 15 2016 to August 28, in the First Instance
Court of Syunik region were scheduled 344 trials, out
of which 234 took place, 96 did not take place and the
information was missing about 14 court sessions on the
website datalex.am in the days of monitoring and was
placed later .
• According to the surveys, of 344 trials 321 were
scheduled in Stepanakert
• 8 trials were held in Kapan
• 15 trials in Goris

12. 96, 28%
234, 68%
14, 4%
did not take place
took place
theres no information
THE STATISTIC OF THE SESSIONS

13. article 359
27%
article 358
34%
article 360
8%
article 363
9%
article 364
9%
article 177
13%
From March through August 2016, in 344 lawsuits scheduled In the
General Jurisdiction Court of First Instance of Syunik region, soldiers
were charged according to the RA Criminal Code Article
article 359 article 358 article 360 article 363 article 364 article 177

14. • Criminal Code Article 359. Breach of relations,
prescribed by field manuals, between not
subordinated servicemen.
• Criminal Code Article 360. Insulting a serviceman.
• Criminal Code Article 363. Evasion from military
service by maiming or feigned disease
• Criminal Code Article 364. Refusal from performing
one’s military duties.
• Criminal Code Article 177. Theft.
ARTICLES

15. EXPEDITED COURT HEARINGS
39, 81%
9, 19%
39 / 81% / of the 48 trial
sessions that were
monitored in the Court of
First Instance in Syunik
Marz, were held in the
expedited procedure, and
9 of them were held in
the general order of the
trial.

16. PROBLEMS ARISEN IN THE IMPLEMENTATION OF THE
MONITORING

17. • DataLex the judicial information system was not
always right about the venue, time-related data.
• Some of these lawsuits are not specified a tDataLex
information system.
• in June-July Out of 151 judicial hearing s scheduled
for June through July , 136 took place in
Stepanakert.
• Conducting of outgoing court sessions is a barrier in
terms of public awareness and access to
information

18. • Example 1. Because of war
time events occurred on April
1-4, 2016 on the Armenian -
Azerbaijani border, 25 court
cases scheduled in the First
Instance Court of Syunik
gegion didn’t take place
• Example 2. Out of the 510 court
sessions scheduled for
February through August 2016,
199 were new scheduled cases,
and 311 were repetitive cases
DELAYS IN COURT HEARINGS

19. The Office of the Public Defenders in Syunik region has
a total of 2.25 full time staff including 4 lawyers.
• Kapan – 2 Public Defenders, one - part time, the
other- full time.
• Goris - one Public Defender- part time.
• Sisian- one Public Defender - 0.25 FTE
WORKLOAD AND EFFICIENCY OF THE
PUBLIC DEFENDER

20. 0
4
8
12
16
20
24
28
32
36
40
44
48
yes
no
4
44
sessions
The defendant refused the public defender
ANALYSIS OF DEFENDERS
0
4
8
12
16
20
24
28
32
36
40
44
public
private
29
15
sessions
The defender-?

21. 1
3
5
7
9
11
13
15
17
19
21
23
25
27
29
active
passive
medium
11
13
5
sessions
PUBLIC defender
HOW ACTIVE THE PUBLIC
DEFENDER (PRIVATE) IS
0
3
6
9
12
15
active
passive
medium
9
1
5
sessions
PRIVATE defender

22. 100 people were involved in the survey.
The surveys were conducted in the city of
Goris.
• 34 people dealt with and 66 people
never dealt with the judicial system. 19
people were aware of the functions of
the Public Defender, 25 were partially
aware,
• while 56 people did not know about the
functions of The Public Defender.
• Only 18 respondents knew of the Public
Defender Goris.
SURVEYS AMONG THE POPULATION ABOUT
THE PUBLIC DEFENDER’S FUNCTIONS

23.  Interviews with prosecutors and
public defenders
www.itekngo.com
INTERVIEWS

24. SUGGESTIONS

25. • To expand legislatively the scope of Defendet’s
mandatory participation including the right to free
legal aid for the victim and witnesses that are in the
compulsory military service.
• Legislatively, to provide mechanisms, as a result of
which the public defender who works part-time can
combine this work with another job ensuring the
provision of free legal aid properly and timely.
• Legislatively, to envisage Defender’s mandatory
participation in the pre-investigative and investigative
processes in which are involved soldiers with suspect
status, / Article 69 of the Criminal? Code of RA.

26. • To increase the staff of public defenders in Syunik region.
• In order to reduce the workload and increase the quality
standards of the services of public defenders , to make the
distinction, according to mandatory participation of public
defenders’ that are involved in criminal cases and the work
with the citizen that have the right to free legal help, of
citizens with the right to work.
• Introduce mechanisms for the transparency and public
accountability of public defenders’ work. / Eg , annual report
of public defenders in the region, a public discussion, press
conference.

27. THANK YOU