ODIHR reviews Armenia’s draft Criminal Procedure Code

The draft Criminal Procedure Code of Armenia generally complies with international standards, although certain provisions could benefit from further consideration, concludes an opinion published by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) on 14 May 2013.

The opinion says that the draft Code, which is aimed at expediting criminal proceedings, safeguarding defendants’ right to a fair trial, protecting victims and witnesses, and providing for participatory rights for victims, contains a number of novel and progressive institutions and procedures. 

The judicial deposition procedure, where the testimony of a party or witness is secured by court before the trial, is one of several novel procedures proposed by the draft Code, and follows recommendations made by the OSCE/ODIHR in its final report on the Trial Monitoring Project in Armenia (April 2008 – July 2009) and previous reviews of specific aspects of Armenia’s criminal procedure law.

The Opinion notes that certain provisions of the draft Code could benefit from further consideration and possible revision, and offers recommendations on how these provisions could be amended to ensure conformity with Armenia’s international obligations. Among the provisions highlighted are those articles of the draft Code regulating the right to a public hearing, the principle of equality of arms, rules on the removal or disqualification of judges, the legal reasoning in handing down decisions on detention and certain rights of the defence. 

The Opinion was prepared in response to a request by the Justice Minister. ODIHR stands ready to provide further assistance to the authorities of Armenia in their legal reform efforts.