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The document ceased to be valid since  February 4, 2017 according to article 41 of the Law of the Republic of Armenia of  January 14, 2017 No. ZR-1

LAW OF THE REPUBLIC OF ARMENIA

of November 19, 2003 No. ZR-23

About the defender of human rights

(as amended on 21-06-2014)

Accepted by National Assembly of the Republic of Armenia on October 21, 2003

Article 1. General provisions

This Law establishes procedure for election to position and dismissal of the Defender of human rights, its power, condition and guarantee of activities.

Article 2. Defender of human rights

The defender of human rights (further – the Defender) is impartial and invariable official who performs protection of the human rights and freedoms violated by state bodies and local government bodies and officials, being guided by the fundamental principles of legality, public cohabitation and social justice.

Article 3. Elections of the Defender

1. Any person which reached 25 years having high reputation in society, who is the citizen of the Republic of Armenia for the last five years, constantly living in the Republic of Armenia for the last five years and having the right to choose can be elected to position of the Defender.

2. The defender is elected by National assembly it is, at least, than three fifth from total quantity of voices of deputies, for a period of six years, from among the candidates offered at least than 1\5 deputies of National Assembly.

In case of position assignment the Defender takes the following oath:

"Accepting obligations of the Defender of human rights, I swear, remaining faithful to the Constitution and the laws of the Republic of Armenia, the principles of the hostel and justice, to protect the rights and fundamental freedoms of man and citizen.

I swear to fulfill duties without prejudice, it is most fair and diligent".

3. The defender enters position in day of the termination of term of continuance in office of the previous Defender. If at the time of election of the Defender the position of the Defender is vacant, then the Defender enters position next day after elections.

4. Regular elections of the Defender take place within 40 days before the expiration of powers of the Defender.

Article 4. Restriction of occupation by the Defender other activities

1. The defender cannot be engaged in business activity, hold position in state bodies or local government bodies or in trade organizations, to perform other paid work, except scientific, pedagogical and creative works.

2. The defender cannot be the member of any batch or propose the candidate on elections, participate in election propaganda.

3. The defender shall interrupt the activities which are not meeting the requirements of this Law not later than within 14 days after assumption of office.

Article 5. Independence of the Defender

1. When implementing the powers the Defender is independent, submits only to the Constitution and the laws of the Republic of Armenia, and also the conventional principles and rules of international law.

The defender does not submit to any state body, either local government body, or the official.

2. The defender shall not offer explanations including as the witness, on the substance of the protest or the document which are at him or to provide them for acquaintance differently, than in the cases and procedure provided by the law.

3. Decisions of the Defender are not administrative acts and are not subject to appeal.

Article 6. Termination of powers of the Defender

1. The term of office of the Defender expires six years later after its oath on the same day.

2. Powers of the Defender ahead of schedule stop only if:

1) the conviction against the Defender took legal effect,

2) it lost citizenship of the Republic of Armenia or acquired nationality of other country,

3) no later than in 10 days after representation to them to National assembly of the Republic of Armenia of the statement for addition of the powers, he repeats the resignation,

4) the Defender based on come in legal into force of the court order was recognized as incapacitated, is unknown absent or died,

5) he died.

3. In the presence of the bases provided by part 2 of this Article at the next meeting the Chairman of National assembly does not notify deputies on early termination of powers of the Defender.

4. In case of early termination of powers of the Defender elections of the Defender take place within 1 month after release of position.

Article 6.1. The defender in the sphere of international law

The defender is the independent national mechanism established by the optional protocol "Conventions against tortures and others cruel, inhuman or degrading treatments or punishment".

Article 7. The protests which are subject to consideration by the Defender

1. The defender considers protests on violation by state bodies, local government bodies and their officials of the rights and fundamental human freedoms (including the citizen) provided by the Constitution, the laws of the Republic of Armenia, international treaties of the Republic of Armenia, and also the principles and rules of international law.

The defender has no right to interfere with judicial proceedings. He can demand the data from courts, in connection with ensuring applicability of provisions of Item 1 of Article 10, of the subitem 5 of Item 1 of Article 12 and Item 1 of article 17 of this Law. The defender has the right to make to the applicant recommendations or consultation concerning protest of motivation of the resolution, the decision or the court verdict.

2. The defender does not consider protests on actions of non-state bodies, organizations and their officials.

3. The defender has the right to be present and speak at meetings of the Government of the Republic of Armenia, and also other state bodies if the questions concerning the rights and fundamental human freedoms are discussed and also to submit for consideration at these meetings questions of violation by these or the bodies subordinated to them or officials of the rights and fundamental human freedoms, and also requirements of this Law.

4. The defender has the right to be present at meetings of National Assembly of the Republic of Armenia, to act at them according to the procedure, established by the Law of the Republic of Armenia "Regulations of National Assembly of the Republic of Armenia" when the questions concerning the rights and fundamental human freedoms are discussed.

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