Constitutional Law of The Republic of Armenia on Human Rights Defender
- CHAPTER 1. GENERAL PROVISIONS
- CHAPTER 2. GUARANTEES FOR THE ACTIVITIES OF THE DEFENDER
- CHAPTER 3. PROCEDURE FOR ELECTION OF THE DEFENDER AND TERMINATION OF THE POWERS THEREOF
- CHAPTER 4. PROCEDURE FOR CONSIDERATION OF ISSUES WITHIN THE POWERS OF THE DEFENDER
- CHAPTER 5. ACTIVITIES OF THE DEFENDER IN SEPARATE AREAS
- CHAPTER 6. ANNUAL COMMUNICATION AND REPORTS OF THE DEFENDER, PARTICIPATION OF THE DEFENDER IN THE ACTIVITIES OF STATE AND LOCAL SELF-GOVERNMENT BODIES AND THE COUNCIL UNDER THE DEFENDER
- CHAPTER 7. PECULIARITIES OF STATE SERVICE WITHIN THE STAFF OF THE DEFENDER
- CHAPTER 8. FINAL AND TRANSITIONAL PROVISIONS
CHAPTER 4. PROCEDURE FOR CONSIDERATION OF ISSUES WITHIN THE POWERS OF THE DEFENDER
Article 15. THE DEFENDER’S DECISIONS
1. Based on the findings of the considered complaint, the Defender shall take one of the following
1) to propose to the state or local self-governing body or the official, the decisions or actions (inaction) of whom have been qualified by the Defender as violating human rights and freedoms, to eliminate the committed violations, indicating the possible measures necessary and subject to implementation for the restitution of human and civil rights and freedoms;
2) on the absence of violations of human rights and freedoms, if during the examination of the complaint no violation of human rights and fundamental freedoms by the state and local selfgoverning bodies or officials has been revealed;
3) pursuant to the defined procedure if there were discovered the bases concerning not considering the complaint, or concerning the cease of considering.
4) to bring an action before the court on invalidating in full or partially the normative legal acts of the state and local self-governing bodies or officials that violate human rights and fundamental freedoms and contradict the law and other statutes, if the state and local selfgoverning bodies or officials, who committed the named violation, do not invalidate in full or partially their corresponding legal act within the prescribed period;
5) to recommend that the authorized state agencies execute disciplinary or administrative penalties or file criminal charges against the official whose decisions or actions (inaction) violated human rights and fundamental freedoms and (or) violated the requirements of this Law.
2. Within 5 days after adopting the decision the Defender shall transfer a copy of the decision on the complaint, indicated in paragraph 1 of this Article to the state and local self-governing bodies or the officials whose decision or actions (inaction) have been appealed against.
3. Having received the Defender’s motion indicated in item 1 of this Article the state and local selfgoverning body or the official shall inform the Defender in writing about the measures taken within 20 days after receiving the motion. If required, this deadline may be extended upon the Defender’s consent.
4. The Defender shall transfer to the complainant a copy if his/her decision on the complaint indicated in item 1 of this Article within 5 days after adoption of the decision. The Defender’s decision cannot hinder the person from protecting his/her rights, freedoms and legal interests by other means not prohibited by law.
5. Upon necessity the Defender can submit special reports to the President of the Republic of Armenia and the National Assembly.
6. The Defender shall publish in mass media special information about the state and local selfgoverning body or official who failed to respond to his/her motion or did not comply or only partly complied with the requirements of the motion, together with the responses of the state and local selfgoverning body or their officials to the Defender’s decision and motion if all other means of resolving the issue through state authorities have been exhausted.