YEREVAN, SEPTEMBER 3, ARMENPRESS. Republic of Armenia Ombudsman presented a conclusion in reference to the chapters dealing with human rights as a result of studying Constitutional Reforms draft. In the conclusion positive and negative changes are presented noncomprehansively. The conclusion of Ombudsman was submitted to the Government

“Armenpress” reports that the office of Human Rights Defender of the Republic of Armenia presented remarks on the second (Fundamental Human and Civil Rights and Freedoms) third (The main objectives of state policy and legislative guarantees in social, economic and cultural spheres) chapters. The remarks are as follows:

Positive changes: A person will have the right to demand compensation for damage inflicted by illegal actions or inactions of state and local government agencies and officials (Draft Article 60).

A person who had been subjected to punishment has the right to receive compensation if it is proved that a miscarriage of justice had been made in the case of the latter and the non-disclosure of the fact was not fully or partially dependant on the person (Draft Article 69).

Anyone will have the Constitutional right to familiarize himself with the activities of state and local government agencies and officials including information and familiarization with documents in case it does not contradict public interests (Draft Article 50).

Judges, prosecutors and investigators will not be allowed to be members of political parties (Draft Article 45) which will become a significant Constitutional guarantee for professional impartiality and independence of the latter when carrying out their duties.

Worrisome changes: The draft does not directly include the right to appeal to a higher instance court against the lawfulness and reasons for depriving him/her of freedom or subjecting to search as well as the provision that no one shall be subjected to search otherwise than in conformity with the procedure prescribed by the law established by the acting Constitution article 16. The draft does not clearly state whether other articles of the draft establishing rights to personal liberty and physical integrity fill this gap and provide Constitutional guarantees to prevent unreasonable searches.

Despite the fact that draft Constitution establishes that minimum salary is fixed by law, however it does not define directly any person’s right to receive not less than the established salary (Draft Article 84).

The draft does not clearly establish the provision of Article 18 of the Constitution that everyone shall be entitled to effective legal remedies to protect his/her rights and freedoms before judicial as well as other public bodies which is an alternative to the legal protection of human rights (Draft Article 49).

The right to preserve his or her national and ethnic identity and the right to preservation and development of their traditions, religion, language and culture is suggested to be regulated by law (Draft Article 54). It is not clearly formulated whether the protection of this right must be realized at persons’ initiative or the state is responsible for taking active steps to provide these rights.