Constitutional Law of The Republic of Armenia on Human Rights Defender

Article 15.     Complaints subject to consideration by the Defender

1.     The Defender shall, in case of a complaint or upon own initiative, consider:

1)     violations of human rights and freedoms enshrined in the Constitution and the laws of the Republic of Armenia by state and local self-government bodies and officials, as well as by organisations exercising the powers delegated thereto by state and local self-government bodies;

2)      issues concerning violations of human rights and freedoms by organisations operating in the field of public service where there is information about mass violations of human rights or freedoms or it is of public importance or it is related to the protection of interests of persons who cannot benefit from legal remedies for protection of their rights and freedoms on their own.

2.       When carrying out consideration on own initiative, the Defender shall enjoy all the powers reserved thereto by this Law, which he or she exercises with regard to the consideration of the complaint.

 

Article 16.  Applying to the Defender

1.   Every natural and legal person shall have the right to apply to the Defender if his or her rights and freedoms are violated by state and local self-government bodies and officials, as well as by organisations in cases prescribed by this Law.

2.    Natural and legal persons may apply to the Defender by lodging a complaint to the Defender or a representative thereof either by post or in person. It is also possible to apply to the Defender with an oral complaint, which shall be reduced to writing by the Defender or the representative thereof.

3.    Natural and legal persons may apply to the Defender both in person and through their representatives.

4.    For the purpose of protecting the rights and freedoms of another person, the representative, legal successor, heir of that person as well as bodies of guardianship and custody for the protection of the rights of children, legally incapacitated or partially incapacitated people may apply to the Defender. Legal representatives, persons authorised as prescribed by law, including attorneys at law may act as a representative. Upon the request of the Defender or the representative thereof, the representative of the person shall be obliged to present the power of attorney, the advocate's licence, whereas the legal successor and the heir shall be obliged to present a document attesting to the fact of being the legal successor or the heir, respectively.

5.    With a written consent of the person, non-governmental organisations may also apply to the Defender for the purpose of protecting his or her rights.

6.    For the purpose of protecting the rights of other persons, no power of attorney or written consent is required for applying to the Defender if it is related to the need for protecting the interests of such persons who cannot benefit from legal remedies for their protection on their own.

7.    State and local self-government bodies may not lodge complaints with the Defender.

8.   Applying to the Defender or intervention by the Defender may not result in any adverse consequences or inequal treatment or threat for the complainant. Any treatment of that kind shall entail liability prescribed by law.

 

Article 17.     Deadlines and requirements for lodging a complaint

1.  A complaint must be lodged with the Defender within a year following the day when the applicant has learnt or should have learnt about the alleged violation of his or her rights and freedoms.

2.   The complaint shall be lodged in writing or orally.

3.   No state duty shall be charged for the complaints being lodged with the Defender.

4.   The complaint must be signed, include the surname, name, place of residence (address) of the person lodging a complaint or the name, location of the legal person and contact information. No other specific form is prescribed for the complaint.

5.    The procedure for lodging an online complaint shall be approved by the Defender.

6.   Contents of oral complaints and data provided for by paragraph 4 of this Article shall be reduced to writing by the Defender or the authorised representative thereof.

7.      A complaint lodged with the Defender shall be deemed as the consent of the person who has lodged the complaint and shall warrant the Defender to receive personal data, necessary for the consideration of the complaint, from state and local self- government bodies, other organisations.

 

Article 18.    Making complaints or contents thereof public

1.   Prior to rendering a final decision by the Defender on the complaint, complaints which are subject to consideration or the contents thereof shall not be made public, except for cases when these have already been made public by the complaintant or other persons.

2.    Data on the applicant or any other person, which have become known to the Defender in the course of his or her activities, may be made public only upon the written consent of persons in question.

 

Article 19.    Decisions rendered with regard to a complaint

1.   Immediately after receiving and registering a complaint, examination of the complaint shall be carried out as prescribed by the Defender, based on which the Defender shall render one of the following decisions:

1)     on accepting the complaint for consideration;

2)     on not considering the complaint;

3)     on presenting to the complaintant possible means for the protection of his or her rights and freedoms;

4)     on referring the complaint for consideration to another body.

2.   The Defender shall send a copy of the decision prescribed by paragraph 1 of this Article to the complaintant promptly but no later than within 30 days upon receipt of the complaint.

3.   In the cases prescribed by paragraph 1 of Article 15 of this Law, the Defender may render a decision on initiating consideration upon own initiative.

4.    Decisions rendered by the Defender on the complaint or on considering it upon own initiative shall not be subject to appeal.

 

 

Article 20.  Accepting the complaint for consideration

 

1.   The Defender shall render a decision on accepting the complaint for consideration where the information contained in the complaint attest to the alleged violation of human rights or freedoms and where the conditions prescribed by this Law for a complaint to be subject to consideration by the Defender are met.

2.  Examination of issues referred to in a complaint must not be carried out by the state or local self-government body or the official thereof or organisation the decision or action (inaction) of which is being appealed.

3.  Together with rendering a decision on accepting the complaint for consideration, the Defender shall notify the complainant that lodging a complaint with the Defender does not suspend the deadlines prescribed for applying to the competent body or court to restore the violated rights and freedoms.

 

Article 21.   Not considering the complaint

1.   The Defender shall render a decision on not considering the complaint where the settlement of the issue referred to in the complaint is beyond the scope of powers of the Defender or where the grounds provided for by this Law for not considering the complaint are present.

2.    The Defender shall have the right to not consider anonymous complaints, as well as complaints lodged after one year following the day the applicant has learnt or should have learnt about the violation of his or her rights and freedoms, except for cases when the Defender considers the reasons for missing the deadline valid. The complaint shall not be considered if it appears that information about the identity of the complainant was false.

3.   The Defender shall have the right to not consider the complaints which do not contain claims or do not attest to alleged violation of human rights or freedoms, or it is not clear from the contents of the complaint which state or local self-government body, organisation or the official or representative thereof has violated the right of the complainant. The complaint shall not be considered and the consideration initiated with regard to the complaint shall be terminated also in case the interested person has filed an action or complaint before the court on the same ground and the same subject matter after having lodged the complaint or there is a final judgment in regard to the same ground and the same subject matter.

4.  The Defender shall not consider the complaint also in case the requirements set forth for complaint, prescribed by this Law, are not observed, or the complainant has applied to the Defender with a request not to take any actions with regard thereto or not to consider it.

5.   When rendering a decision on not considering the complaint, the Defender shall be obliged to explain the complainant the grounds for not considering the complaint, as well as the procedure provided for by law for the consideration of the complaint.

6.  Where after the Defender has rendered a decision on not considering the complaint, the complainant lodges another complaint with more detailed information, and where the Defender finds that the complaint with the new information attests to alleged violation of rights and freedoms, the Defender shall render one of the decisions referred to in Article 19 of this Law.

Article 22.    Presenting to the complainant possible means for the protection of his or her rights and freedoms

1.   The Defender shall render a decision on presenting to the complainant possible means for the protection of his or her rights and freedoms, where the lodged complaint is not subject to consideration, yet the examination of the complaint indicates that it is necessary to provide a detailed explanation to the interested person with respect to the possible means for exercising the rights andfreedoms.

2.   The Defender shall send a copy of the decision to the complainant, presenting in a separate annex to the decision all the possible means for the protection of the rights and freedoms of the complainant, which the person has not resorted yet or may resort to.

 

Article 23.     Referring the complaint for consideration to another body or organisation

1.    Where the issue raised in the complaint is of such nature that it may also be settled by another state or local self-government body, organisation or an official or representative thereof, and where the issue raised in the complaint has not been previously considered by that body or organisation, the Defender may — upon the consent of the complainant — refer it thereto for the purpose of consideration thereto and within reasonable time regularly follow the course of consideration thereof.

2.    In the case referred to in paragraph 1 of this Article, the Defender shall — upon the consent of the complainant — render a decision on referring the complaint for consideration to the public body, local self-government body or organisation or the official thereof within whose powers the disposition of the complaint on the merits falls.

3.   In case of rendering a decision on referring the complaint for consideration to another body or organisation, as prescribed by this Article, the complainant shall be informed in writing, by sending a copy of the decision, on the complaint having been referred for consideration to another body.

 

Article 24.     Powers of the Defender in the course of examination or consideration of a complaint

1.   In the course of examination or consideration of a complaint, the Defender shall, within the scope of his or her powers, be authorised to:

(1)   visit, in an unimpeded manner, any state or local self-government body or organisation, including military units, as well as places of deprivation of liberty;

(2)    request and receive from any state or local self-government body or an official thereof necessary materials, documents, information or clarifications relating to the complaint or to the issue being considered upon own initiative, as well as assistance during visits made to those institutions;

(3)   receive from the competent state or local self-government body or an official thereof, except for courts and judges, clarifications concerning issues arising in the course of consideration;

(4)   visit, in an unimpeded manner, the organisations referred to in Article 15 of this Law in the course of considerations initiated in cases of alleged violation of human rights and freedoms by these organisations, request and receive from competent bodies representing these organisations the necessary information, clarifications, materials and documents relating to the complaint or the issue

(5)  apply to competent bodies or organisations so as to conduct expert examination related to circumstances subject to clarification based on the complaint or in relation to the issue under consideration upon own initiative and receive the opinions drawn up as a result thereof. The financial expenses incurred for conducting the expert examinations and providing the opinions shall be covered by the funds of the State Budget;

(6)   become familiar with those cases on criminal, civil, administrative, disciplinary and other offences, the acts with regard to which have entered into legal force, as well as with the materials with regard to which the initiation of criminal cases has been rejected or criminal proceedings have been discontinued; receive these via electronic or other data carrier;

(7)   apply to the bodies of judicial authorities responsible for analysis of the judicial practice to receive clarifications of consultative nature regarding legal issues arising in the judicial practice as well as for submitting recommendations on the improvement of the judicial practice;

 

2.   Upon the written decision of the Defender, the powers provided for by points 1-6 of paragraph 1 of this Article may be exercised also by persons holding office within the Staff thereto.

3.    Information containing state or other secret guarded by law may be made available, as prescribed by law, for familiarisation by the Defender or the person specifically authorised thereby for that purpose.

4.    The Defender shall not have the right to intervene in judicial proceedings or in the exercise of the powers of judges in a specific case. He or she may request information from the Judicial Department where it is related to the exercise of powers provided for by points 6 and 7 of paragraph 1 of this Article, as well as to drawing up an annual communication or public report, without intervening in the proceedings in a specific case.

 

Article 25.     Relations of the Defender with state and local self-government bodies and organisations in the course of consideration of a complaint or consideration initiated upon own initiative

1.  When examining or considering a complaint, as well as carrying out consideration upon own initiative, the Defender shall be obliged to provide the state or local self-government body, organisation or the official or representative thereof, whose decision or action (inaction) is being appealed, with an opportunity to furnish clarifications on the complaints and results of the examinations conducted, as well as substantiate their positions.

2.  The requests for submitting information or clarifications or materials or documents may be addressed to more than one body. As a result of different clarifications received with regard to the consideration of the complaint, prior to rendering the final decision, the Defender may apply to the bodies referred to in this Article or the representatives thereof, with the provisional results of the consideration.

3.   Based on the results of examination and analysis of the information on human rights and freedoms, the Defender shall have the right to provide clarifications of advisory nature and recommendations to the bodies referred to in this Article and the officials thereof, for the purpose of summarising the results of the examination.

 

Article 26.   Decisions rendered by the Defender as a result of consideration of a complaint or consideration upon own initiative

1.   As a result of consideration of a complaint or consideration initiated upon own initiative, the Defender shall render one of the following decisions:

1)  on existence of a violation of human rights or freedoms, where violation of human rights or freedoms by a state or local self-government body, an official thereof or an organisation has been revealed in the course of consideration of the complaint;

2)   on absence of a violation of human rights or freedoms, where no violation of human rights and freedoms by a state or local self-government body or an official thereof or an organisation has been revealed in the course of consideration of the complaint;

3)   on filing an action before the court on declaring as fully or partially invalid the normative legal acts — contradicting the law and other legal acts — of a state or local self-government body or an official thereof which has violated human rights or freedoms, where the state or local self-government body or the official thereof, having committed the violation, fails to fully or partially declare its relevant legal act as invalid within the prescribed deadline;

4)   on terminating the consideration of the complaint, where grounds provided for by this Law for not considering the complaint or for terminating the consideration have been revealed in the course of consideration of the complaint.

 

2.   In case of rendering the decision referred to in point 1 of paragraph 1 of this Article, the Defender shall suggest the state or local self-government body or the official thereof or the organisation, having committed the violation, to eliminate the violation within a reasonable time, indicating the necessary measures for restoration of the human rights and freedoms.

3.  The Defender shall send a copy of the decision on the complaint, referred to in paragraph 1 of this Article, to the complainant within five days after rendering the decision. The decision of the Defender may not impede the protection by a person of his or her rights and freedoms through other means not prohibited by law.

4.   The Defender shall be obliged to send — within five days after rendering the decision — a copy of the decision on the complaint, referred to in points 1 and 3 of paragraph 1 of this Article, to the state or local self-government body, the official thereof or the organization the decision or action (inaction) of which has been appealed. The state or local self-government body, the official thereof or the organisation which has received the decision of the Defender, referred to in points 1 and 3 of paragraph 1 of this Article, shall be obliged to inform the Defender in writing on the measures undertaken, within the shortest possible time but no later than within 30 days after receiving it.

5.   In the case referred to in point 1 of paragraph 1 of this Article, where there are grounds provided for by law or another legal act, the Defender may recommend the competent state or local self- government body to subject to liability the official upon whose decision or action (inaction) the human rights and freedoms have been violated. In addition to the fact of subjecting to liability, the Defender may propose a type of disciplinary measure. Competent state or local self-government body or public officials shall be obliged to consider recommendations of the Defender and within deadline prescribed by paragraph 4 of Article 26 of this law to inform the Defender. In case a type of disciplinary measure proposed by the Defender is not applied or in case of not subjecting the person to disciplinary responsibility the compenent public official shall be obliged to provide respective justification. In case of revealing violation of human rights and freedoms by an organisation, where there are grounds provided for by law or another legal act, the Defender shall apply to competent administrative bodies with a relevant recommendation to subject to liability.

6.  The Defender may publish through mass media special information on the state or local self-government body, the official thereof or the organisation which has not responded to the recommendation of the Defender or which has failed to implement or has not duly implemented the measures envisaged by the recommendation, together with or without the response provided by the state or local self-government body, the official thereof or the organisation with respect to the recommendation of the Defender.