Investigation of the complaint addressed to the Human Rights Defender has shown that the law on amnesty does not contain regulations that will explicitly enforce the grounds for applying the amnesty act and the jurisdiction of the judicial authority responsible for the performance where the judicial act has been appealed to the higher court, but the issue of admissibility of the case has still not been decided by the latter. As a result, the courts of Appeal and Cassation do not have the opportunity to apply amnesty and release a person from punishment.
Accordingly, in one case in the absence of the final judicial act and the person charged with committing the same offense can be fully exempted from punishment and, in the other case, the prescribed punishment can be reduced due to amnesty.
Hence, the Defender has applied to the Constitutional Court, noting that the above mentioned causes a violation of the general equality and prohibition of discrimination before the law, as well as contradicts the constitutional principles of certainty, establishing the necessary organisational procedures and procedures for the effective exercise of the rights and freedoms in the regulation of fundamental rights and freedoms, the inevitability of the essence of the provisions on fundamental rights and freedoms, as well as the constitutional principle of taking into account the practice of bodies based on international human rights treaties in interpreting the provisions defined by the Constitution on fundamental rights and freedoms ratified by Armenia. The conclusions contained in the application are reinforced by analysis of international standards.