According to Ethics and Disciplinary Commission under General Assembly of Judges, Unnecessary Delays in Case Investigation Give No Grounds for Disciplinary Proceedings
23:29, October 2, 2015 | News, Own news | Right to Fair Trial, Rights of PatientsAs the HCA Vanadzor has already informed, it assumes the protection of Rustam Ghazaryan’s violated rights who was registered at narcological medical facilities in violation of relevant procedures. A claim to restore his violated rights was submitted to the First Instance Court of General Jurisdiction of Avan and Nor Nork administrative districts, Yerevan, RA, which, however, the Court rejected due to the fact that the attached documents for written evidence were not original copies. While the interim court ruling above was annulled by the RA Civil Court of Appeal, R. Ghazaryan and his legal representative, HCA Vanadzor lawyer T. Siradeghyan applied to the RA Council of Justice, to initiate disciplinary proceedings against judge A. Davtyan. In their application, R. Ghazaryan and T. Siradeghyan referred to the RA Code of Judicial Conduct stating that judges shall perform their professional duties in good faith, including take all the necessary measures for due investigation into cases and files within reasonable terms. The applicants found that the unjustified return of the application by judge A. Davtyan failed to comply with his duty to ensure investigation into the case in reasonable terms. In particular, the court actions led to groundless and unnecessary delays in admitting and examining R. Ghazaryan’s claim, which in its turn unduly delayed the restoration of R. Ghazaryan’s alleged violated rights. Upon examining the application in question, the Ethics and Disciplinary Commission under the RA General Assembly of Judges decreed not to initiate any disciplinary proceedings against judge A. Davtyan. The Commission referred to the legal requirement stating that violation of a legal regulation by a judge shall not constitute sufficient grounds to bring him/her to disciplinary responsibility unless it is a grave one. Hence, upon examining the files submitted and summing up the evidence, the Commission found that A. Davtyan, judge at the First Instance Court of General Jurisdiction of Avan and Nor Nork administrative districts, Yerevan, RA, had not committed any significant, undeniable and indisputable violation of substantive and procedural regulations.
See also: hcav.am