(LFP) Outbound Project Report

Title of Project: Revealing current problems and seeking solutions for improvement of access to justice in Armenia Name of LFP Fellow in Charge of Outbound Project: Mr. Arman Poghosyan LFP fellow organization: Chamber of Advocates of RA Name of Reciprocal Visitor: Ms. Kulsum Ameji Executive Summary: The main goal of Armenian LFP Outbound project was to build capacity of the Public Defender’s office and enhance the legal aid system in Armenia by raising knowledge and skills of the Public Defender’s Office into specific areas of management and professional conduct, assess overall situation of legal aid provision in Armenia via interviewing different stakeholders and then raise awareness of different stakeholders regarding issues of legal aid provision in Armenia which thereafter should find place in the recommendations. Participating Organizations:

Chamber of Advocates of RA Public Defender’s office Ministry of Justice Ombudsman of Armenia A. D. Sakharov Armenian Human Rights Centre NGO AYLA NGO Armenian Representative Office of American Bar Association/ROLI Women’s right center NGO

Project Revised Schedule: Arrival date for US Participant: November 2, 2012 Departure date for US Participant: November 10, 2012 Day Activity/Meeting Topic Location & With Whom Time November 2nd, 2012

Activity 1. - Role and place of the

Chamber in furthering access to justice in Armenia

- Pro bono culture at attorneys in Armenia

- Mr. Ruben Sahakyan,

Chairman of the Chamber (3 Zakiyan str., Yerevan)

- Mr. Arman Poghosyan, Adviser to Chairman of

- 10.30

- 11.30

- Introduction to state legal aid system in Armenia: functions and duties of Public Defender’s office

- Workshop on the right to

receive information in criminal procedure (optional)

the Chamber (3 Zakiyan str., Yerevan)

- Mr. Masis Ghazanchyan, Head of Public Defender’s office (8 Koryun str., #5, Yerevan)

- Mr. Aram Khachatryan,

attorney-at-law, (3 Zakiyan str., Yerevan)

- 14.00

- 17.00

November 3th, 2012

- Excursion to old temple of Garni and Geghard

- Ms. Kulsum Ameji, Mr. Arman Poghosyan and Ms. Kristine Sargsyan

- 11.00

November 4th, 2012

- Excursion to Ejmiatsin

- Ms. Kulsum Ameji, Mr. Arman Poghosyan and Ms. Kristine Sargsyan

- 11.00

November 5th, 2012

Activity 1. - Training for the staff of

Public Defender’s office Activity 2.

- Legal aid system in Armenia: current situation and trends

- Ms. Kulsum Ameji, US

Participant (8 Koryun str., #5, Yerevan)

- Mr. Aram Orbelyan, Mr. Yeghishe Kirakosyan, deputies minister of justice (41a Halabyan str., Yerevan)

- 09.30

- 17.00

November 6th, 2012

Activity 2. - Human rights situation in

Armenia: current issues of access to justice in Armenia

- Correlation of access to justice and protection of human rights in Armenia

- Supporting legal aid in Armenia

- Mr. Karen Andreasyan,

Ombudsman of Armenia (56a Pushkin str., Yerevan)

- Mr. Levon Nersisyan, CEO of A. D. Sakharov Armenian Human Rights Centre (1 Sarmen str., Yerevan)

- Mr. Marat Atovmyan, representative of AYLA (7

- 11.00

- 14.00

- 15.30

Nalbandyan str., #2, Yerevan)

November 7th, 2012

Activity 2. - Provision of legal services

and pro bono: mobile legal clinics

- Women’s rights in Armenia: provision of legal services on combating domestic violence issue

- Mr. Ronald Mangum, CEO

of Armenian Representative Office of American Bar Association/ROLI (9 Alex Manookian str., Yerevan)

- Ms. Susanna Vardanyan, CEO of Women’s right center (3 Spendaryan str., Yerevan, 3rd floor, 532281)

- 11.00

- 14.00

November 8th, 2012

Activity 3. - Developing general

assessment of legal aid in Armenia

Activity 4.

- Workshop on access to justice

- Ms. Kulsum Ameji and Mr.

Arman Poghosyan (3 Zakiyan str., Yerevan)

- Ms. Kulsum Ameji, Mr. Garen Nazaryan and all other interested parties (3 Zakiyan str., Yerevan)

- 11.00

- 18.00

November 9th, 2012

Activity 3. - Drafting recommendations

- Ms. Kulsum Ameji and Mr.

Arman Poghosyan (3 Zakiyan str., Yerevan)

- 11.00

Major Events Description:

Role and place of the Chamber in furthering access to justice in Armenia On November 2nd there was organized the first meeting with Mr. Ruben Sahakyan, chairman of the Chamber of Advocates of RA. Mr. Sahakyan has presented the history of the Chamber in a nutshell, having halted over in more detail from the period starting from 2005 when former two Bar Associations of Armenian unified in a one organization. He then has talked on the Public Defender’s office, on the matters that include the

structure, operational capacity, current trends and further developments in the field of free legal aid. There was particularly stressed the profound amendments adopted in RA Law of Advocacy in early of 2012 on the ground of which the scope of the recipients of legal aid should be enlarged from January 2013 when certain, to wit – 11 categories of people, who are eligible for free of charge legal services. In addition there will be increased the categories of cases, apart from only criminal, that will encompass also civil, administrative and constitutional cases. Ms. Ameji was also interested on questions concerning the overall human rights situation and the role of the Chamber in triggering the judicial reforms to which Mr. Sahakyan brought the example of recent strike of the advocates against the practice of the Cassation Court and the developments that followed it. The latter also presented the situation with judicial power, its gains and setbacks. Ms. Ameji asked question on the mechanisms that the Chamber will exploit for keeping the workload of the Public Defender’s office within the reasonable boundaries to which Mr. Sahakyan brought the latest example of negotiations going with the Ministry of Justice for the later amendments in the law that will require from each of active advocates to work for some hours on pro bono basis per year. Mr. Sahakyan also brought some portion of statistics that testify the constant increase of cases that adjudicated by the Public Defender’s office for the late years, stressing that about 1/3 of all criminal cases in Armenia are under procedure of the Public Defender’s office. Introduction to state legal aid system in Armenia: functions and duties of Public Defender’s office On November 2nd there was organized the

meeting with Mr. Masis Ghazanchyan, head of Public Defender’s office. Mr. Ghazanchyan was keen to know whether Ms. Ameji organization is provided free legal aid by the financial assistance of the Federal government and what are the grounds for provision of legal service. Ms. Ameji explained that on the Federal level there have been adopted guides that prescribe the eligibility criteria of the service recipient while Legal Assistance Foundation of Chicago has developed their own check list by which each of the potential client has been screened. They have discussed many issues, particularly, Mr. Ghazanchyan has raised the issue of checking eligibility of service recipients beyond their social groups, as sometimes there are circumstances when social adherence to the group does not prove the financial capacity of the client. Mr. Ghazanchyan was eager to explain in detail all the accomplishments of the Public Defender’s office during the last years, as well as the failures, among which still not sufficient level of quality of regional public defenders, inadequate system of bonuses and awards while compared with that of prosecutors. Ms. Ameji was interested whether there are circumstances when conflict of interest might come forward especially in small regions where there are close community ties. Having mentioned that these situations are brought to minimum for the past several years, Mr. Ghazanchyan has explained how they deal with conflict of interest in case when the public defender ought to present two parties of one dispute. Mr. Ghazanchyan also explained that they can send other regional public defenders to business trip to regions where there is a caseload increase of conflict of interest, besides that regional defenders should go on appeal as they change territorial jurisdiction for that aim which is not efficient. There was also spoken about budget expenditures and audit that the Office is passing for each and every year. Training for the staff of Public Defender’s office

On November 5th there was organized training for the staff of Public Defender’s office which was facilitated by Ms. Kulsum Ameji and Mr. Arman Poghosyan. Ms. Ameji made presentation about US system of legal aid, having halted on PDO and civil legal aid. She particularly presented the shift of their organization from community service to more centralized system where first contact with potential clients is made via intake department of LAF. She took a lots of questions from public

defenders whom interested different questions on wide range of topics varying from salary and bonus system, funding, i.e. whether it is from federal level or other private donors, limitations of cases per advocate, etc. In turn, Ms. Ameji was interested in whether Armenian PDO might come against the State in terms of advocacy, lobbying activities, etc. The question came across because in US the LAF has no right to conduct such activities having in mind that the Foundation is funded from the Federal budget. She also spoke about the Federal Act that regulates the eligibility criteria, as well as practice of withdrawal of LAF when the beneficiary does qualify for the legal aid. Legal aid system in Armenia: current situation and trends

On November 5th there was organized meeting with Mr. Aram Orbelyan and Mr. Yeghishe Kirakosyan, deputies minister of justice. Mr. Orbelyan elaborated on the possible developments in the free legal aid system and particularly the PDO. He spoke about several opportunities such as (1) setting up the system when each of the advocates should either pay some certain amount to the Chamber of Advocates or him/herself provide free legal aid for some time period (or might be case(s)), while the quality of legal aid provided should be subject for strict supervision and disciplinary sanctions, (2) developing grounds for endowment system, (3) funding of other organizations like NGOs capable of decreasing the overload of PDO in terms of free advice, consultancy, etc. Mr. Poghosyan asked him whether the state has some plans concerning regional development of PDO offices, on

which Mr. Orbelyan brought the example of justice halls on that is considered to be one option to encompass all kind of legal and other service providers in one aria. Mr. Poghosyan also asked whether there should be developed, besides of social groups, special eligibility criteria that might be of assistance for PDO when screening the service seeker. The deputy minister answered that those screening mechanisms that prescribed by RA Law on Advocacy enables PDO to perform that task. Mr. Orbelyan also stressed one of the essential requisites for due development of PDO is the Chamber’s willingness to manage the work of PDO in the manner that might raise the quality and effectiveness of the free legal aid provided.

Human rights situation in Armenia: current issues of access to justice in Armenia On November 6th there took place meeting with Mr. Karen Andreasyan, Ombudsman of Armenia Mr. Andreasyan has presented the overall situation with human rights in Armenia, especially stressing the corrupted courts of Armenia that are remained the most problematic areas in the contemporary Armenia. Ombudsman also presented the work of its office in particularly in relation with providing free legal services to population. Here he pointed out the story when he was elected as the Ombudsman to be chaffed for naming the work of Ombudsman’s office a service. Ms. Ameji was nicely surprised by the level with which the services are provided to those seeking and commented on that. Mr. Andreasyan emphasized that with the support of ABA/CEELI they can now provide free legal aid on civil issues to population via the Human Rights House (legal clinic) that is located in the basement of the Ombudsman’s office. The reason of establishing Human Rights House was that they cannot refer citizens to any quality legal service provider in civil cases. In the Human Rights House he mentioned that also legal representation is provided by the advocates who work there. Mr. Poghosyan has asked Ombudsman as to how he sees the establishment of network of NGOs, pro bono advocates and other institutions (a kind of database) that provide civil legal aid whereby also setting mechanisms for referrals on which the Ombudsman expressed his consent. Correlation of access to justice and protection of human rights in Armenia

On November 6th was organized meeting with Mr. Levon Nersisyan, CEO of A. D. Sakharov Armenian Human Rights Centre and other employees of NGO. Mr. Nersisyan has presented the work of their NGO, mentioning that they have three branches in regions of Armenia apart from the capital where they provide also legal assistance on the level of consultancy. Their NGO is not providing services on the representation of clients interests in the courts; thus, they are more advocacy driven NGO in that sense. He mentioned that they

provide advice on migration, educational, social issues, etc. Ms. Ameji met with almost all the staff of NGO who presented what they are doing on the ground there. They have also showed their library which is open for the public where each individual can make himself/herself educated on human rights issues and where he can receive assistance of the employee of NGO. Apart from that Mr. Nersisyan also talked about the human rights situation in Armenia. He also mentioned the challenges that stand out for the Public Defenders office, particularly mentioning the level of quality of advocates that is yet not sufficient. Provision of legal services and pro bono: mobile legal clinics On November 7th there took place meeting with Mr. Ronald Mangum, CEO of Armenian Representative Office of American Bar Association, and other employees of ABA/CEELI. Mr. Mangum has hold presentation on the current project directions that ABA/CEELI is implementing at the moment, the interrelations between those projects and to what effects might this entail, he halted over ordinary course of business that takes on the ground in Armenian and sometimes the discordance of that needs with the strategic plans of donor community, etc. Mr. Mangum in detail presented the work of mobile clinics that ABA/CEELI funding at the moment. He mentioned that only Yerevan clinic (Human Rights House that Ms. Ameji paid visit the day before) is 100% funded by ABA/CEELI, except of the office space that is provided by the Ombudsman’s office, while other two regional clinics funded by 20%. He also mentioned that ABA/CEELI constantly pushing the universities and ministry of education to make both corresponding changes in their law faculty curriculums and set up legal clinics. He stressed in that there is a need to make shifts in the minds of those who are in charge of education to understand the practical side of legal education. Problem that Mr. Mangum also mentioned was related to sustainability of legal clinics. Then Mr. Mangum talked about the systematic issues and challenges that Armenia faces at the moment, one of which is corruption. He proposed a solution for fighting corruption at the judiciary by criminalizing any wire or any other conversation on the case at the procedure of a judge except with the panel judges, that might increase the level of independence of judges. Yet another solution that Mr. Mangum proposed related to establishment of a kind of body that might be composed from members of different background and might be functionally equipped to go on for to receive notice on corruption case.

The lawyers in charge of different projects of ABA/CEELI then presented their programmes. One of them talked about one of systematic issues of disciplining judges. She talked about the ways to educate our judiciaries on the ethical standards and code of conduct particularly using US as a model. Pictures of Other Meetings: Workshop on the right to receive information in criminal procedure; facilitator Mr. Aram Khachatryan, attorney-at-law (November 2nd)

Supporting legal aid in Armenia; meeting with Mr. Marat Atovmyan, representative of AYLA (November 6th)

Women’s rights in Armenia: provision of legal services on combating domestic violence issue; meeting with Ms. Susanna Vardanyan, CEO of Women’s right center (November 7th)

Workshop on access to justice; lecturers Ms. Kulsum Ameji and Mr. Garen Nazaryan (November 8th)

Cultural Events: On November 3rd we have visited old temple of Garni that has Hellenistic routes. The area was first occupied in the 3rd millennium BC along easily defensible terrain at one of the bends of the Azat River. In the 8th century BC the area was conquered by the Urartian King Argishti I. The fortification at Garni was erected probably sometime in the 3rd century BC as a summer residence for the Armenian Orontid and Artaxiad royal dynasties. Later around the 1st century BC the fortress of Garni became the last refuge of King Mithridates of Armenia and where he and his family were assassinated by his son-in-law and nephew Rhadamistus. The fortress was eventually sacked in 1386 by Timur Lenk. In 1679 an earthquake devastated the area destroying the temple.

Thereafter we have headed to old Christian temple of Geghard. The monastery of Geghard (Armenian: meaning spear) is a unique architectural construction in the Kotayk province of Armenia, being partially carved out of the adjacent mountain, surrounded by cliffs. It is listed as a UNESCO World Heritage Site. While the main chapel was built in 1215, the monastery complex was founded in the 4th century by Gregory the Illuminator at the site of a sacred spring inside a cave. The monastery had thus been originally named Ayrivank, meaning "the Monastery of the Cave". The name commonly used for the monastery today, Geghard, or more fully Geghardavank, meaning "the Monastery of the Spear", originates from the spear which had wounded Jesus at the Crucifixion, allegedly brought to Armenia by Apostle Jude, called here Thaddeus, and stored amongst many other relics. Now it is displayed in the Ejmiatsin treasury.

On November 4th we have visited Ejmiatsin which is the center of the Armenian Church. It is where the Catholicos of All Armenians lives, and the location of the Ejmiatsin Cathedral. The cathedral, built in 480, is located in a walled compound with gardens and various structures. The word "Ejmiatsin" means The coming of the only-begotten, and the cathedral was built on the very spot Grigor Luysavorich (St. Gregory the Illuminator) dreamt Jesus Himself descended to from heaven to show him where He wanted the church to be built. The main church structure is pretty large, however the majority of the interior is dedicated to uses other than worship and the area you enter is much smaller than the size of the entire complex. It is a traditional Armenian design with a belfry and a number of rotundas. Most of the exterior is plain until you make it around to the entrance which is intricately carved and very beautiful. You must not leave until you get into the Manoogian Museum. (Entrance through the large arch across from the cathedral entrance) This structure contains numerous cool paintings, souvenirs, religious artifacts, and illuminated manuscripts so insist on seeing it. Another secret is a fire pit beneath the altar. This is where pagans worshipped fire before Christianity. It is in the small museum in the main cathedral, with the entrance to the right of the altar. There are some religious artifacts in display cases, but you usually need to ask to be shown the fire worshipping pit, at which time a small donation is hinted at.

Above the door which descends into the fire pit area is the lance ("Geghard") which is said to have pierced Christ's side. The original structure was added to so much over the years that not much remains now. There was an even earlier church on the same site which was supposed to have been built when Armenia was converted to Christianity. However, Ejmiatsin was yet the oldest church in the USSR.

Assessment of the Results of the Outbound Project: The Outbound project helped to increase the level of knowledge of the staff of Public Defender’s office as regards of various topics, improved level of interactions between legal aid providers, improved understanding of pro bono culture among attorneys, increased cooperation between the civil society organizations and governmental institutions. The Chamber of Advocates of RA has organized on November 8th the workshop for all interested parties during which there was made public the current situation of legal aid in US and discussions were driven as to further developments that need to be done in Armenia for bringing free legal aid system and particularly the Public Defender’s office to that level of US and other mature democracies. Besides, information gathered from interviews and meetings has been assessed by Ms. Ameji and Mr. Poghosyan. For drafting of recommendations there has been assessed the current state of Armenian legal services delivery system that laid the foundation for recommendations that Ms. Ameji proposed to address all aspects of the continuum of delivery of services. These recommendations will surely serve as points of referrals when finalizing work of Strategic plan of the Chamber of Advocates and particularly for its Public Defender’s component. Summary:

To conclude we are able to declare that the visit of Ms. Kulsum Ameji to Armenia was undoubtedly a positive event. This was an outstanding opportunity for us for building communication between our nations either on the grounds of collaboration or inter-personal communications.