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Recommendations from TAIEX Peer Review on Reforms in Judiciary, Penitentiary and Prevention of Torture and IllTreatment in Armenia (6-10 March 2017)
The aim of the Peer Review was to analyse the current situation in the area of judiciary, penitentiary and prevention of torture and ill-treatment in Armenia in relation to the Programme on Legal and Judicial Reforms 2012-2017 and give advice on further development and the new Programme. In line with the goals of the Programme and the accompanying Measures, the Experts have mainly analysed the following:
Judiciary (p. 2 – 9)
 Effectiveness of the judicial system; fair trials; execution of decisions; access to justice and free legal aid – Mr Marinho;
 Update on main legislative changes and gap analysis – Mr Marinho;
 Case management system: reliability, efficiency, transparency – Mr Quintavalle;
 Rules and practices on independence of the judiciary; recruitment and ethics — Mr Haußner;
 Functioning and effectiveness of the Council of Justice, Prosecution Offices and Academy of Justice – Mr Haußner;
 Collection of judicial statistics: sources and reliability; and the right to access to public documents (publication of verdicts etc.) – Mr Quintavalle;
Penitentiary (p. 9 – 11)
 Current legal provisions, in particular on probation – Mr Von der Beck;
 Implementation of CPT recommendations (detention conditions etc.) – Mr Isaksson;
 Alternative sanctions (development, implementation, plans) – Mr Von der Beck;
 Assessment of IT tools and plans for further development – Mr Isaksson;
Prevention of torture and ill-treatment in prisons and police stations (p. 11 – 15)
 Fight against impunity and review of legal safeguards – Mr Hede;
 Implementation of CPT recommendations on ill-treatment in penitentiary institutions and functioning of the National Preventive Mechanism – Mr Hede;
 Pre-trial detention: conditions and safeguards, and CPT recommendations on police establishments – Mr Torres;
 Review of administrative and criminal investigations into allegations — Mr Hede (NPM), Mr Torres (Police); Mr Von der Beck and Mr Isaksson (Prisons), Mr Marinho
(judiciary);
 Rules, practices and training on proportionate use of force by law enforcement, especially during demonstrations – Mr Torres;
Cross-cutting themes (throughout)
 Adoption of the Programme and the Measures, and CPT recommendations;
 Separation of powers (executive, legislative and judicial);
 Cooperation with civil society organisations;
 Zero-tolerance against corruption; effectiveness, transparency and accountability.

Judiciary
 Effectiveness of the judicial system; fair trials; execution of decisions; access to justice and free legal aid and update on main legislative changes and gap analysis; and review of administrative and criminal investigations into allegations of torture and ill-treatment in police and penitentiary establishments (judiciary)
Mr Carlos M. G. de Melo Marinho, Court of Appeal Judge, Senior Expert in European and International Judicial Cooperation and e-Justice, Lisbon, Portugal
RECOMMENDATIONS
Summary
40. There are no remaining doubts or reserves about the good intentions and adequate technical preparation of the young generation of professionals that received us in Yerevan and showed, with enthusiasm, the reforms envisaged. If some limitations can be found associated with the intervention of such young generation, it could only arise from the lack of deep knowledge of the reality to transform (namely of the ‘world’ of the courts, especially its
limitations, methods, real meaning of the numeric workloads, habits and results), absence of access to reliable real time statistics and diagnostic means and lack of bilateral communication with the citizens and addressees of the reforms.
41. However, from the association of several disturbing references caught – some also included in this report – with the optimistic description of the institutions and its performance, got on site, it is not sure if the old powers and mechanisms for its exercise, external strengths, prejudices, dis-rupture with the civil society, low levels of education and poor readiness for the exercise of the citizens rights can assure that the good intentions have effective conditions
to be converted in new synergies that may contribute to the real building of a society functioning under the Rule of Law, to a true Democracy marked by the existence of true checks and balances coming from the separation of the three powers and to a society where the access to independent, fair and effective Justice, free from corruption phenomenons and breaks in face of internal and external pressures will be a reality.
42. The clash between these two conflicting forces seem to impose a permanent follow-up of the reforms, the implementation of technological mechanisms oriented to assure transparency, awareness and internal and external accountability and the division of any financial support in slices and phases, being each new one preceded by the evaluation and attainment of the objectives of the previous.

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