Constitution

6. FUNDAMENTAL RIGHTS AND FREEDOMS OF THE HUMAN BEING AND THE CITIZEN (Part 3)

Article 60. Right to Compensation for Damage

Everyone shall have the right to compensation for damage inflicted by unlawful actions or inaction of state and local self-government bodies and officials. The law shall define the amount and the procedure of compensation for damage.

Article 61. Right to Fair Trial

1. Everyone shall have the right to a fair and public hearing of his case within a reasonable period by an independent and impartial court.

2. In the cases and procedure provided by law, the trial or a part thereof may be held in camera by a court decision with the aim of protecting the private life of the procedure participants, the interests of minors or the interests of justice, or morals, the public order, or state security.

Article 62. Right to Receive Legal Aid

1. Everyone shall have the right to receive legal aid. In cases prescribed by law, legal aid shall be provided at the expense of state funds.

2. With the aim of ensuring legal aid, advocacy based on independence, self-government and equality of advocates shall be guaranteed.

Article 63. Right to Be Exempted from the Duty to Testify

No one shall be obliged to testify about him, his spouse, or his close relatives. The law may prescribe other cases of exemption from the duty to testify.

Article 64. The Presumption of Innocence

A person accused of a crime shall be presumed innocent until his guilt is proven in accordance with law.

Article 65. Inadmissibility of Evidence

The use of evidence that is obtained in violation of fundamental rights or undermines the right to a fair trial shall be prohibited.

Article 66. Right of an Accused to Defense

Everyone accused of a crime shall have the following rights:

1) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation.

2) to defend himself or to be defended through a lawyer of his choosing;

3) to have adequate time and facilities to prepare his defense and to communicate with the defender of his choosing.

4) to examine or to have examined the witnesses who have testified against him, to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

5) to be provided with a translator free of charge in case he does not master Armenian.

Article 67. Right Not to Be Convicted Twice for the Same Act

1. No one may be tried twice for the same act.

2. The provisions of Paragraph 1 of this Article shall not prevent the review of a case in accordance with law when new or newly-emerged circumstances have arisen, or when there had been fundamental shortcomings in the proceedings, which could affect the outcome of the proceedings.

Article 68. Right to Appeal in Criminal Cases

Everyone convicted by court for having committed a crime shall have the right to have his conviction or verdict reviewed by a higher judicial instance. The grounds and the procedure of the exercise of this right shall be prescribed by law.

Article 69. Compensation for Wrongful Conviction

When a person has been found guilty in committing a crime by a verdict of the court that has entered into legal force, and subsequently that verdict has been revised on the ground that a new or newly discovered fact proves conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall receive compensation in accordance with law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

Article 70. Right to Request Pardon

Every convict shall have the right to request pardon, including mitigation of the imposed sentence. Details shall be prescribed by law.

Article 71. Principle of Guilt; Principle of Proportionality in Sentencing

1. Guilt shall be the basis for punishing the person who committed a crime.

2. The punishment prescribed by law and the imposed specific sentence type and severity shall be proportionate to the committed crime.

Article 72. Principle of Legality in Defining Crimes

No one shall be convicted for an action or inaction that was not a crime at the time of its commission. A heavier penalty than the one applicable at the time of committing the crime may not be imposed. If, subsequent to the commission of a criminal offence, the law provides for a lighter penalty, then the latter shall be applicable.

Article 73. Retrospective Effect of Laws

1. Laws and other legal acts that aggravate a person’s legal situation shall have no retrospective effect.

2. Legal acts improving a person’s legal situation shall have retrospective effect if such acts so provide.

Article 74. Application of Fundamental Rights and Freedoms in Respect of Legal Persons

The fundamental rights and freedoms shall extend also to legal persons to the extent such rights and freedoms are by their essence applicable to them.

Article 75. Organizational Structures and Procedures for the Exercise of Fundamental Rights and Freedoms

When regulating fundamental rights and freedoms, laws shall define the organizational structures and procedures necessary for their effective exercise.

Article 76. Restrictions of Fundamental Rights and Freedoms in Emergency Situations or during Martial Law

In a state of emergency or during martial law, fundamental rights and freedoms of the human being and the citizen, with the exception of those stipulated by Articles 22–25, 27–29, 34–36, Paragraph 1 of Article 37, Paragraph 1 of Article 40, Articles 46, 54, 59, 61, 63, 65-68, and 70– 72 of the Constitution, may be temporarily suspended or subjected to additional restrictions in the procedure prescribed by law to the extent required by the situation, subject to the international commitments undertaken with respect to derogations from commitments in emergency situations.

Article 77. Prohibition of Abuse of Fundamental Rights and Freedoms

It shall be prohibited to exercise rights and freedoms for the purpose of forcibly overthrowing the constitutional order, or inciting national, racial, or religious hatred, or preaching violence or war.

Article 78. Principle of Proportionality

The means chosen for restricting fundamental rights and freedoms have to be suitable and necessary for the achievement of the aim prescribed by the Constitution. The means chosen for restriction have to be proportionate to the significance of the fundamental right that is restricted.

Article 79. Principle of Certainty

In case of restriction of fundamental rights and freedoms, the preconditions and the scope of restrictions shall be stipulated by law; the latter shall be sufficiently certain for the holders of fundamental rights and the addressees to be able to engage in appropriate conduct.

Article 80. Inviolability of the Essence of Provisions on Fundamental Rights and Freedoms

The essence of provisions on fundamental rights and freedoms enshrined in this Chapter shall be inviolable.

Article 81. Fundamental Rights and Freedoms and the International Legal Practice

1. The practice of bodies operating on the basis of international human rights treaties, to which the Republic of Armenia is a party, shall be taken into account when interpreting the provisions of the Constitution on fundamental rights and freedoms.

2. Restrictions of fundamental rights and freedoms may not exceed the restrictions prescribed by the international treaties of the Republic of Armenia.