Armenia’s Constitutional Court approves asset confiscation law

PanARMENIAN.Net - The Constitutional Court of Armenia has ruled that the Law "On Confiscation of Property of Illicit Origin" is in line with the country’s Constitution. The decision, which follows a motion submitted by at least one-fifth of the members of parliament, is final and came into effect immediately upon publication.

According to the Court's press service, the case was reviewed through written proceedings, and the decision adopted on April 16 has been added to the official court website, in accordance with the procedural rules and deadlines.

The decision states:

"Based on the results of the case examination and guided by Article 167(1), Article 168(1), Article 169(1)(2), and Articles 170(1) and (2) of the Constitution, as well as Articles 63, 64, and 68 of the Constitutional Law 'On the Constitutional Court,' the Court has decided:

1. Clauses 5 and 6 of Article 5(1) of the Law, in conjunction with Article 24(1), comply with the Constitution, interpreted to mean that property acquired after the official assumed their position may be subject to confiscation.
2. Clauses 1 through 4 of Article 5(1), in conjunction with Article 24(1), are constitutional when interpreted to mean that only assets linked to a corresponding crime are subject to seizure.
3. All other contested provisions of the law, within the scope of the petitioner's reasoning, are deemed constitutional based on an abstract review of compliance.
4. As stipulated in Article 170(2) of the Constitution, this decision is final and enters into force upon publication."

The Court thereby confirmed the constitutionality of key provisions of the law, specifying the legal interpretations under which they are valid.

On July 8, 2022, the Constitutional Court had adopted a procedural decision to request an advisory opinion from the Venice Commission regarding this law. The Commission’s response was neither explicitly positive nor negative.