Judicial interference in church governance in Armenia raises serious  constitutional and legal concerns - Amsterdam and Partners

ArmInfo.The law firm Amsterdam and Partners LLP expresses serious concern regarding recent developments in Armenia related to judicial and political  interference in the internal governance of the Armenian Apostolic Holy Church (AACC).

The law firm's statement emphasizes that the use of a secular court  to review ecclesiastical decisions of the Mother See of Etchmiadzin,  particularly in matters of church discipline, represents a profound  deviation from the constitutional order of Armenia and from  established European legal norms governing the separation of church  and state.

"This case arose from the removal of Bishop Gevorg Saroyan from his  position as head of the Masyatsotn Diocese by the See of Holy  Etchmiadzin. Instead of pursuing the legal remedies provided by  Church canon law, Bishop Saroyan initiated proceedings in a secular  court, challenging the Church's internal decision. On January 27, the  Church officially defrocked him for violating his vow of obedience  and for referring a sacred ecclesiastical dispute to a secular court.  Despite this, Vice-President of the Armenian Parliament Ruben  Rubinyan publicly declared the Church's decision "invalid," declared  that the defrocked cleric "remains a bishop," and launched personal  attacks against His Holiness Catholicos Karekin II, downplaying his  spiritual authority and calling him an "opposition politician,"  Amsterdam & Partners recalled.

It is emphasized that the most serious problem is not rhetorical, but  institutional: a secular court was asked to rule on disciplinary  cases against the Catholicos, the highest spiritual authority of the  Armenian Apostolic Holy Church. Such judicial review is fundamentally  incompatible with the 2015 Constitution of the Republic of Armenia.  Article 17(1) guarantees freedom of religion, and Article 17(2)  explicitly provides that "religious organizations shall be separated  from the state." Article 18(1) goes further, recognizing and  protecting the exclusive mission of the Armenian Apostolic Holy  Church as the national church, playing a central role in the  spiritual life, culture, and national identity of the Armenian  people.  "These provisions are reinforced by the Armenian Law on  Freedom of Conscience and Religious Organizations, which prohibits  state interference in the internal affairs of religious organizations  and explicitly prohibits state bodies or officials from exercising  authority over church structures. It is important to note that  Armenian legislation does not merely symbolically recognize the  Armenian Apostolic Holy Church; it affirms its self-governance," the  law firm emphasized.

Amsterdam & Partners notes that the decision to defrock a bishop lies  at the very core of this sacred authority. Allowing secular courts to  overturn or review such decisions would deprive these constitutional  guarantees of any practical meaning. "This principle is neither new  nor unique to Armenia. In European constitutional systems, secular  courts have consistently refrained from considering internal matters  of religious discipline and doctrine. The courts of Germany, France,  Italy, Spain, and the United Kingdom have repeatedly affirmed that  disputes concerning the status of clergy, ordination, or discipline  fall outside the jurisdiction of civil courts, except in narrowly  defined cases concerning purely civil rights. The European Court of  Human Rights has also ruled that state interference in the internal  governance of churches violates Article 9 of the European Convention  on Human Rights, which protects the autonomy of religious communities  as an integral element of freedom of religion," the statement  continues.

In this vein, it is emphasized that, against this legal backdrop, any  attempt by Armenian courts or political authorities to invalidate the  ecclesiastical decisions of Holy Etchmiadzin constitutes a blatant  violation of the Armenian Constitution, Armenia's domestic  legislation, and its binding international obligations.

Amsterdam & Partners LLP expressed their conviction that the  Investigative Committee of Armenia's initiation of criminal  proceedings against the Armenian Apostolic Church and the Catholicos  is part of a broader pattern of behavior by Prime Minister Nikol  Pashinyan's government aimed at undermining the autonomy of the  Armenian Apostolic Church and the authority of the Catholicos, which  directly contradicts Armenia's constitutional framework and  international obligations guaranteeing freedom of religion or belief.  "The law firm Amsterdam & Partners LLP will raise these issues at the  upcoming International Religious Freedom Summit, scheduled for  February 2-3, where the firm will call on Armenian state institutions  to immediately cease judicial and political interference in the  internal governance of the Armenian Apostolic Church, respect the  constitutional separation of church and state, and bring state  practices into line with both Armenian law and European democratic  standards," the firm concluded.

On January 29, it was reported that the Investigative Committee of  Armenia had opened a criminal investigation into the failure to  enforce a court decision, following an order by His Holiness Karekin  II, Catholicos of All Armenians, on the advice of the Supreme  Spiritual Council, to defrock the former head of the Masyatsotn  Diocese of the See of Holy Etchmiadzin, Gevorg Saroyan.