Judicial acts entailing breaches of right should be quashed
14:27, October 22, 2013 | News | Right to Fair Trial
Section 2 of Article 204.38 of the RA Civil Procedure Code on the proceeding of the judicial act review due to newly revealed circumstances is in line with the RA Constitution with the constitutional-legal contents, pursuant to which, the review of judicial acts on the grounds of newly revealed circumstances should necessarily ipso facto entail the act having applied a anti-constitutional norm and (or) the quashing of a judicial act having caused a breach of Convention right ruling out the opportunity to leave it into legal force.
The opportunity not to change the finalizing section of the reviewed judicial act only relates to the new judicial act reached as a result of new investigation after the abrogation of the judicial act, whereas, the mandatory normative requirement to justify the circumstance of not changing the latter’s finalizing section with substantial arguments serves as a necessary safeguard for human rights protection.
The decision on this, which is final and enters into legal force upon its promulgation, was reached by the Constitutional Court today as a result of the case investigation results on the basis of the application of Helsinki Citizens’ Assembly Vanadzor NGO.
“It seems to me that hereby the Court expressed the common disposition of all parties, both the responding and the plaintiff parties, over this issue”, noted Gagik Harutyunyan, Chairman of the Constitutional Court, who promulgated the finalizing section of the ruling, instilling hope that the latter would “mandatorily be applied in the court’s practice”.
He stressed the CC approaches were thoroughly summarized in the rather voluminous CC ruling, comprised of 21 pages so that no more issues occur in the case-law, along with the disposition over that practice. According to G. Harutyunyan, by recording in particular that mainly the direct exercising of the dispute issue article requirement is evaded and taking into account that no consistence had been displayed with regarding to the exercising of previous rulings, since the main dispositions were expressed in the section of causes, the CC came to conclusion that the finalizing section of its ruling should somewhat be a full stop, therefore, the Court attempted to concretely express its ruling in the finalizing section.
It should be noted that the CC Chairman published noteworthy data in today’s court session organized in oral procedure. As a result of the study of the rulings of the chamber on civil and administrative cases of the RA Cassation Court adopted over all of the cases taken into trial throughout 2006-2013 on the grounds of the newly revealed circumstances, it was revealed that “the common feature for all of the rulings is the following: not take the applications into trial, return”.
According to G. Harutyunyan, in 92,3% cases of 150 rulings the cases were not taken into trial and were returned, whereas, in case of 7,7% a review proceeding was filed and was declined immediately based on the ground that the application data could not serve as new circumstances for the citizen.