If NGOs Not Given Right to Protect Public Interests at Court, They Will Protect Them in Street (Photos)

EcoLur

NGOs should be entitled to protect public interests at court. This is public position expressed at the Center for Constitutional Law on 22 August, where Chairman of Constitutional Court of Armenia Gagik Harutyunyan, Chairman of the Center for Constitutional Law, Adviser Gevorg Danielyan, Teghout Support Group, NGOs and lawyers took part in the discussion. Lawyers Arthur Grigoryan and Hayk Alumyan represented Teghout Support Group.

The problem public raises refers to the Cassation Court ruling (case. no ՎԴ/3275/05/09), which lays down that NGOs are not entitled to sue, if the lawsuit refers to the objectives pursues by NGOS rather than violated personal rights and interests. “Court is the only real mechanism for assertion of rights. But if NGOs are not allowed to sue, they will demonstrate themselves anywhere, for example, in streets,” said Arthur Grigoryan. He described the details of Teghout process, the contradictory and subjective position of the Cassation Court and consequences arising from these bans. Particularly, the Aarhus Convention Compliance Committee admitted that the Government has violated undertaken international commitments on the Aarhus Convention.  Reminder: the Aarhus Convention is a mechanism for so-called green democracy, which prescribes the public right to information on environment, participation in decision-making on environmental matters, and access to justice on environmental matters.

Chairman of Constitutional Court Gagik Harutyunyan and Adviser Gevorg Danielyan considered it possible to give NGOs right to protect public interests in court. We had the impression that the Constitutional Court has worked out an attitude to this issue, but certain proposals will be publicised in the fall of this year.  

August 23, 2012 at 18:14