The chairman and six other members of Armenia’s Constitutional Court continued to meet and make decisions on Friday despite being effectively declared illegitimate by their newly elected colleague Vahe Grigorian.
Grigorian was sworn in on Thursday two days after the Armenian parliament approved his appointment to a vacant seat in the court. In an ensuing speech, he said that under constitutional amendments which took effect last year the Constitutional Court now consists of “judges,” rather than “members,” as was the case until April 2018.
He said that only he and Arman Dilanian, who was elected by the parliament last year, can be considered judges and make decisions. What is more, Grigorian declared that because of Dilanian’s absence from the country he will take over as acting chairman of the Constitutional Court on Friday.
A senior pro-government parliamentarian, Nikolay Baghdasarian, similarly stated that Hrayr Tovmasian, who has headed the court since March 2018, is no longer its chairman. But some opposition lawmakers cited a constitutional provision which they say makes it clear that the court members appointed before 2018 can continue to perform their duties until they turn 65.
Tovmasian, who was previously a senior lawmaker representing the former ruling Republican Party of Armenia, appeared unaffected by Grigorian’s statement as he entered the Constitutional Court building in Yerevan on Friday morning.
“As you can I see, I’m going to work,” Tovmasian told reporters when he was asked about the statement. He declined to comment further.
Armenia -- Hrair Tovmasian, the newly elected head of the Constitutional Court, speaks in the parliament, March 21, 2018.
Felix Tokhian, a veteran member of the court, seemed to defend his legitimacy, saying that “there is no legal dispute.” Two other judges, Alvina Gyulumian and Arevik Poghosian, refused to comment on Grigorian’s claims.
Gyulumian did note, though, that unlike Grigorian, she believes “the Constitutional Court is not in crisis.” She also made clear that she does not intend to resign.
Poghosian said afterwards that the 9-member court held a “working discussion” attended by Grigorian but that it did not address his unexpected declaration because the new judge did not bring it up. “If he does, naturally we are colleagues and we’ll see what he says,” she said.
However, Grigorian, who enjoys the backing of the ruling My Step alliance, told journalists later in the day that he has discussed the matter with Tovmasian and other members of Armenia’s highest court. He said the discussions were “constructive” but did not elaborate.
“After they are over I will answer all questions,” he added. “I find it wrong to make any comments now.”
Grigorian also said that he “he did not participate” in any formal decisions made by the Constitutional Court on Friday.
In particular, the court decided to hold hearings and rule on two appeals lodged by Armenia’s indicted former President Robert Kocharian. The latter has challenged the legality of his arrest and coup charges brought against him last year.
Armenia -- Supporters of Prime Minister Nikol Pashinian block the entrance to the Constitutional Court building in Yerevan, May 20, 2019.
Kocharian was released from custody on May 18 five days after the start of his trial. The decision made by a district court angered many allies and supporters of the Armenian government who hold the ex-president responsible for the 2008 post-election bloodshed in Yerevan. Armenia’s Court of Appeals is scheduled to uphold or overturn it on June 25.
On May 20, Prime Minister Nikol Pashinian promised a sweeping reform of Armenia’s judiciary, saying that it remains linked to “the former corrupt system.” The announcement came as Pashinian’s supporters blocked the entrances to all court buildings in protest.
Asked about the Constitutional Court’s latest decisions on the Kocharian case, Grigorian replied: “It’s a decision of the court. I won’t comment on it. When it’s published we’ll see.”