Constitutional Law of The Republic of Armenia on Human Rights Defender

CHAPTER 3. PROCEDURE FOR ELECTION OF THE DEFENDER AND TERMINATION OF THE POWERS THEREOF

Article 12. Election of the Defender


1.  Everyone having attained the age of 25, enjoying high authority within the public, having higher education, having been a citizen of solely the Republic of Armenia for the preceding four years, permanently residing in the Republic of Armenia for the preceding four years, and having the right of suffrage, as well as having command of the Armenian language may be elected to the office of the Defender.


2. The Defender shall be elected by the National Assembly of the Republic of Armenia, upon recommendation of the competent standing committee of the National Assembly of the Republic of Armenia, by at least three fifths of votes of the total number of the members of the Parliament, for a term of six years.


3. The Defender shall assume office immediately after having been elected by the National Assembly of the Republic of Armenia, by taking the following oath in the presence of the members of the National Assembly of the Republic of Armenia:

"By assuming the office of the Defender, I hereby swear to defend the human rights and freedoms of an individual and a citizen, remaining faithful to the Constitution and the laws of the Republic of Armenia and the principles of justice. I swear to exercise my powers impartially, in good faith and with due diligence."

4. The Defender shall assume his or her office after the oath-taking ceremony at the National Assembly of the Republic of Armenia, on the day following the expiry of the term of office of the previous Defender. Where the office of the Defender is vacant at the moment of electing the Defender, the Defender shall assume his or her duties on the day following the oath-taking ceremony at the National Assembly of the Republic of Armenia.

5. The elections of the Defender shall be held within the time frame set forth in the Constitutional Law of the Republic of Armenia "The Rules of Procedure of the National Assembly".

 

Article 13. Termination of powers of the Defender


1. The powers of the Defender shall terminate upon expiry of the term of his or her office, in cases of loss of citizenship of the Republic of Armenia or acquisition of a citizenship of another state, when a criminal judgment of conviction rendered against him or her becomes final, a judgment on declaring him or her as having no active legal capacity, as missing or dead becomes final, in case of his or her death or resignation.

2. In case of resignation, the powers of the Defender shall terminate if no later than a week after submitting the resignation letter the Defender submits a second resignation letter. In case of early termination of the powers of the Defender on the ground of resignation, the Defender shall publish and present to the National Assembly a brief communication on the activities implemented during the period between the presentation of regular annual report thereof and the date of submitting a letter of resignation.

3. The term of office of the Defender shall be considered as expired on the same day of the sixth year after assuming the office thereby.

4.  The Chairperson of the National Assembly of the Republic of Armenia shall — immediately upon receiving the respective information prescribed by paragraph 1 of this Article, apart from cases of expiry of the term, but no later than on the following day — publish an official communication on early termination of powers of the Defender. In case of resignation, the communication referred to in this paragraph shall be published following the submission of the second resignation letter by the Defender.

5.  Where the powers of the Defender terminate in accordance with paragraphs 1 or 2 of this Article, except when the powers of the Defender terminate on the ground of expiry of the term, the election of the Defender shall be held within a one-month period following the day of publishing the communication as prescribed by paragraph 4 of this Article.

 

Article 14.      Substitution of the Defender


1.  During the temporary absence of the Defender, including when he or she is on leave, official trip or when his or her powers have been terminated, one of the department heads holding discretionary office within the Staff of the Defender shall substitute the Defender upon his or her decision.

2.  In case of impossibility of rendering a decision on substituting the Defender or in case of his or her resignation, the Defender shall be temporarily substituted by the head of a department within the Staff of the Defender who is elder.

3.  During the absence of the Defender, the head of the department substituting the Defender shall exercise the powers of the Defender reserved thereto by this Law, except for powers prescribed by Article 26, paragraphs 5-7 of Article 28, paragraphs 1-4 of Article 29, Articles 31-33, paragraph 4 of Article 35, paragraph4 of Article 36, paragraph 3 of Article 37, points 3-7 and 9 of paragraph 1 of Article 39 of this Law.