Back Judges and prosecutors discussed various dimensions of criminal proceedings in absentia and confiscation of property of illicit origin

Judges and prosecutors discussed various dimensions of criminal proceedings in absentia and confiscation of property of illicit origin

A series of professional discussions unfolded last week, addressing crucial legal aspects related to criminal proceedings in absentia and the confiscation of property of illicit origin under the Project ‘’Support to the Justice Reform in Armenia.’’ In total, 90 specialists from the Court of Cassation, the Prosecutor General's Office, and the Constitutional Court participated in these events.

Judges and staff members of the Court of Cassation, as well as prosecutors and staff members of the Prosecutor’s Office, delved into the details of criminal proceedings in absentia. The discussions were framed within the standards set by the Council of Europe, drawing from the case law of the European Court of Human Rights and best practices of member states.

Simultaneously, justices and staff members of the Constitutional Court explored the complex subject of the confiscation of property of illicit origin. The discussions centered on understanding and applying international standards, including a detailed analysis of the Council of Europe Convention on Laundering, Search, Seizure, and Confiscation of the Proceeds of Crime (2020). The professional dialogue also highlighted the alignment with the European Convention on Human Rights to ensure that confiscation measures respect fundamental human rights principles.

Prominent Barrister Mr Jeremy McBride, an expert in human rights safeguards, led the training sessions, providing insights into the nuanced application of legal principles, particularly in the context of human rights safeguards in criminal proceedings.

These events mark a critical step towards reinforcing the Armenian legal system. The expertise shared by Mr McBride and the active participation of legal professionals reflect a commitment to upholding justice, rule of law and human rights in Armenia.

The events are part of the joint European Union and Council of Europe programme “Partnership for Good Governance”, co-funded by the European Union and the Council of Europe, and implemented by the Council of Europe.

 Background:

The “Partnership for Good Governance” (PGG) is a joint initiative of the European Union and the Council of Europe for strengthening good governance in the Eastern Partnership region.

PGG provides tailor-made support to Eastern Partnership countries to bring their legislation and practice closer to European standards in the fields of human rights, rule of law and democracy. It supports, in particular, Eastern Partnership countries’ domestic reforms to strengthen justice, counter economic crime, promote equality and non-discrimination, advance women’s access to justice and combat violence against women.

 

YEREVAN, ARMENIA 7-9 DECEMBER 2023
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About the project

The project "Support to the justice reform in Armenia" aims to ensure that citizens of Armenia enjoy their rights in line with the European standards and benefit from accountable and professional justice system. It supports Armenian authorities to further advance the reform of the judicial system by strengthening its independence, accountability and professionalism. It also aims to aid Armenian authorities ensure effective implementation of the new criminal justice legislation in line with European human rights standards.

The project is implemented within the third Phase of the joint programme of the European Union and the Council of Europe “Partnership for Good Governance” running from 2023 until 2027. It builds on the results of the previous phases of the Partnership for Good Governance in the field of strengthening justice (Phase I 2015-2018 and Phase II 2019-2023).

How does the project work?

  • Through a combination of tailored policy/legislative, capacity-building and awareness raising actions

Who benefits from the project?

  • Ministry of Justice
  • Constitutional Court
  • Court of Cassation
  • General Assembly of Judges
  • Association of Judges
  • Justice Academy
  • Supreme Judicial Council
  • General Prosecutor’s Office
  • Human Rights Defender’s Office
  • Office of the Representative of Armenia on International Legal Matters
  • Civil society organisations
  • The general public, including persons seeking the protection of their rights in courts

What do we expect to achieve?

  • National authorities have the necessary capacity and tools to implement the Judicial and Legal Reforms Strategy for 2022-2026 in line with European standards and best practices.
  • National authorities align legal framework and policies on judicial independence, impartiality and accountability with CoE standards.
  • Judicial self-governing bodies’ and courts' capacity is enhanced to act in a professional, transparent and accountable manner.
  • Capacity of the criminal justice stakeholders is strengthened to ensure effective implementation of new criminal justice legislation through harmonised policies, institutional and legal frameworks, and implementation practices.


 

What is the Partnership for Good Governance?

The “Partnership for Good Governance” (PGG) is a joint initiative of the European Union and the Council of Europe for strengthening good governance in the Eastern Partnership region*. The "Partnership for Good Governance" provides tailor-made support to Eastern Partnership countries to bring their legislation and practice closer to European standards in the fields of human rights, rule of law and democracy. It supports, in particular, Eastern Partnership countries’ domestic reforms to strengthen justice, counter economic crime, promote equality and non-discrimination, advance women’s access to justice and combat violence against women.

* While the Partnership for Good Governance does not include activities with the participation of the Belarusian authorities, activities may be organised with the representatives of Belarusian civil society and democratic forces as appropriate in line with the European Council Conclusions of February 2022 and the Decision of the Council of Europe Ministers’ Deputies of March 2022.