ENNHRI calls on national authorities to clarify legal safeguards  concerning the independence of the Armenian NHRI

ArmInfo.In a new open letter, the European Network of National Human Rights Institutions (ENNHRI) calls on national authorities to clarify legal safeguards concerning the independence of the Human Rights Defender of Armenia Defender in the context of the legislation of the Commission on the Prevention of Corruption (CPC) to ensure compliance with international standards for national human rights institutions.

According to the Armenian Human Rights Defender's Office, the  international organization noted that the legislation regulating the  powers of the Commission on the Prevention of Corruption (CPC) of  Armenia does not comply with the constitutional and legislative  guarantees for the activities of the Human Rights Defender, nor with  international standards in this area. "ENNHRI emphasized that the  Human Rights Defender of Armenia has been recognised as an A-status  institution since 2006 by the Sub-Committee on Accreditation (SCA) of  the Global Alliance of National Human Rights Institutions (GANHRI).  This demonstrates its full compliance with the UN Paris principles,  standards for NHRIs, as well as its credibility and independence. In  this regard, it was noted that unnecessary interference with the  mandate and independence of the Ombudsman's Office could threaten the  rule of law," the office of the Human Rights Defender noted.

Referring to the Law on the Commission for the Prevention of  Corruption, ENNHRI noted that although the Armenian Ombudsman is not  explicitly mentioned among the exceptions provided by the law, its  authority to investigate alleged violations of the code of conduct  and instances of conflict of interest remains at risk. Furthermore,  it is recalled that the independence of the Armenian Human Rights  Defender's Office is guaranteed by constitutional and criminal law.  "In particular, the legislation of the Republic of Armenia enshrines  guarantees of the Ombudsman's independence, the inadmissibility of  interference in their activities, functional immunity, the  inviolability of the premises and correspondence of the Ombudsman's  office, and criminal liability for obstructing the exercise of the  Ombudsman's powers," the office of the Human Rights Defender  explained.

It is further noted that, according to ENNHRI, international  standards for national human rights institutions require their  independence from political interference and the ability to freely  discuss issues within their competence. Specifically, it emphasizes  that members and staff of such institutions must be protected from  any attempts to interfere with their activities. Furthermore, states  are obligated to take measures to protect the Ombudsman from threats,  which also implies that confidential information collected in the  course of fulfilling their mandate must be accorded privileged  protection and not subject to improper disclosure.

"In light of the above, ENNHRI expressed concern that the legislative  provisions granting the Commission on the Prevention of Corruption  the power to investigate the Ombudsman's activities are inconsistent  with domestic, regional, and international standards. This threatens  to weaken the institution's international recognition as an  independent structure fully compliant with the UN Paris Principles.  The European Network of National Human Rights Institutions also  expressed its full support for the Human Rights Defender of Armenia  in its work to promote and protect human rights. It called on the  Armenian authorities to take steps to clarify the legal guarantees  for the independence of the Human Rights Defender in the context of  the legislation of the Commission on the Prevention of Corruption, in  order to ensure compliance with international standards for national  human rights institutions," the ENHRI office concluded.

The report can be found at the following link:  https://ennhri.org/.../ENNHRI-letter-in-support-of-the.