European rights network questions Armenian legislation

PanARMENIAN.Net - The European Network of National Human Rights Institutions expressed concern over Armenian legislation that it says conflicts with international legal guarantees protecting the independence of the Human Rights Defender, according to the Ombudsperson’s office.

The concerns were outlined in an open letter published by the organization.

The international body stated that legislation regulating the powers of Armenia’s Corruption Prevention Commission does not comply with constitutional and legislative guarantees protecting the Human Rights Defender, nor with relevant international standards.

The network emphasized that Armenia’s Human Rights Defender institution holds “A status” accreditation from the international body responsible for accrediting national human rights institutions. The status confirms compliance with the United Nations Paris Principles, which define international standards for such institutions.

The statement stressed that unjustified interference in the Ombudsperson’s mandate and independence could threaten the rule of law.

Referring to the law “On the Corruption Prevention Commission,” the organization noted that although the Human Rights Defender is not explicitly included among exceptions related to investigations into alleged violations of conduct rules or conflicts of interest, the institution’s independence is nonetheless protected by Armenia’s constitutional and criminal legislation.

The statement pointed to guarantees enshrined in Armenian law, including the Defender’s independence, prohibition of interference in activities, functional immunity, inviolability of the institution’s premises and correspondence, prohibition on demanding explanations or interrogating the Defender, confidentiality of complaints and communications addressed to the Ombudsperson, as well as criminal liability for obstructing the Defender’s work.

The organization stressed that international standards require national human rights institutions to operate independently from political influence, freely address issues within their mandate, and ensure that staff and members are protected from attempts to hinder their independent work.

It also noted that states are obligated to take all necessary measures to protect such institutions from threats of any kind. This includes ensuring special protection for confidential information collected during the exercise of their mandate and preventing unnecessary disclosure.

In light of these concerns, the European network said legislative provisions granting the Corruption Prevention Commission authority to investigate the Human Rights Defender contradict domestic, regional and international standards and could weaken the institution’s international recognition as an independent body fully compliant with the UN Paris Principles.

The statement further emphasized that subjecting the Defender’s activities to external oversight is incompatible with the confidential nature of the institution’s work, while institutional independence remains an essential condition for individuals seeking confidential access to the Ombudsperson.

Based on these concerns, the European Network of National Human Rights Institutions expressed full support for Armenia’s Human Rights Defender and the institution’s efforts to protect and promote human rights. It also called on Armenian authorities to clarify legal guarantees for the Defender’s independence in relation to the Corruption Prevention Commission law and to uphold international standards concerning the independence of national human rights institutions.