Loyalty vs. impartiality: The government’s move undermines judicial independence

04.12.2024

 

 

By Tatev Baghdasaryan

 

 

Alexander Sirunyan, the ruling party’s nominee for a non-judge position on the Supreme Judicial Council (SJC), has recently become one of the most controversial figures in Armenian public life. His nomination has sparked widespread criticism and raised serious concerns about the potential impact on the independence and integrity of the judiciary.

The SJC is constitutionally tasked with ensuring the independence of courts and judges. However, Sirunyan’s nomination has caused alarm due to his membership in the ruling “Civil Contract” party and his vocal support for Prime Minister Nikol Pashinyan. There are serious concerns that his appointment would further erode the separation of powers and further politicize the judiciary, which should function as an impartial arbiter in a democratic society. As highlighted in last week’s Democracy Watch article, the resignation of Karen Andreasyan, the previous Chairman of the SJC, under pressure from the Prime Minister, already cast doubt on the political independence of the council. Now, Sirunyan’s nomination intensifies these concerns, raising the specter of judicial bias and political infiltration at the highest levels.

To understand the controversy surrounding Sirunyan’s candidacy, one only needs to examine his past public behavior. Although he recently deleted content from his Facebook account—likely in preparation for his nomination—archived screenshots reveal a troubling record of offensive and divisive statements.

Sirunyan has repeatedly used profanity and vulgar language on social media, often targeting his political opponents. This earned him a disciplinary case from Armenia’s Chamber of Advocates in 2019. Beyond mere incivility, his statements reflect a deeper issue: open hostility toward vulnerable groups, including Armenians displaced from Nagorno-Karabakh. In several posts, Sirunyan made derogatory remarks about Karabakh Armenians, exhibiting a troubling form of xenophobia. This rhetoric not only perpetuates harmful stereotypes but also deepens societal divisions at a time when unity is critically needed.

In one widely circulated screenshot, Sirunyan targets a Karabakh Armenian protester for participating in an opposition rally, using profane language and perpetuating harmful stereotypes. His remarks include highly offensive language aimed at demeaning both the protester and his wife, alongside accusations of exploiting state resources—a harmful narrative implicitly extended to Karabakh Armenians as a whole. These statements reveal not only a troubling lack of empathy but also a disturbing willingness to vilify a vulnerable group.

In another instance, Sirunyan uses aggressive language to defend the Prime Minister’s family, even issuing threats and launching vulgar attacks on those who targeted the Prime Minister’s son. This behavior not only exposes his combative and coarse demeanor but also reveals an unwavering loyalty to the Prime Minister and his family. Such actions raise significant concerns about his ability to maintain impartiality in a judicial position.

You can view the troubling screenshots through this link. Please be advised that they contain offensive and profane content.

A group of independent civil society organizations issued a statement urging the ruling party to withdraw Sirunyan’s nomination. The statement emphasizes that this nomination represents a concerning trend of prioritizing political expediency in judicial appointments. It warns that such practices undermine the judiciary’s core principle of depoliticization, jeopardize the High Judicial Council’s reputation, erode public trust, and diminish operational efficiency, ultimately threatening the independence of the entire judicial system.

Sirunyan’s nomination highlights a dual concern in Armenia’s democratic trajectory: the systemic appointment of ruling party loyalists to independent institutions and the inconsistency with the government’s stated goal of integrating Karabakh Armenian refugees. Selecting an individual with a history of spreading hatred and stereotypes against this vulnerable community risks normalizing such behavior, undermining both social cohesion and trust in democratic institutions.

 

 

Democracy Watch is a joint initiative by CivilNet and the Regional Center for Democracy and Security, a Yerevan-based think tank.

 

This material has been funded by UK International Development from the UK government; however, the views expressed do not necessarily reflect the UK government’s official policies.