Amsterdam & Partners has declared that judicial interference in church governance in Armenia raises serious concerns regarding constitutionality and the rule of law.
The international law firm voiced deep concern over recent developments in Armenia involving judicial and political intrusion into the internal administration of the Armenian Apostolic Church. According to the firm, using the tools of a secular court to review decisions made by the Mother See of Holy Etchmiadzin, particularly regarding clerical disciplinary matters, represents a significant departure from Armenia’s constitutional order and contradicts European legal norms that safeguard the separation of church and state.
At the center of the controversy is the Mother See’s decision to dismiss Bishop Gevorg Saroyan, leader of the Diocese of Masis. Instead of seeking redress through canon law, Saroyan filed a lawsuit in a secular court to contest the Church’s internal decision.
On January 27, the Church formally defrocked him for violating his vow of obedience and submitting an ecclesiastical dispute to a secular court. Despite this, National Assembly Deputy Speaker Ruben Rubinyan publicly declared the Church’s decision “invalid,” insisting that the defrocked cleric “remains a bishop.” Rubinyan also made personal attacks on His Holiness Karekin II, Catholicos of All Armenians, dismissing his spiritual authority and referring to him as an “opposition political figure.”
Amsterdam & Partners emphasized that the core concern lies not in the rhetoric but in the systemic threat: secular courts are being called upon to judge the disciplinary decisions of the Catholicos, who holds the highest spiritual authority in the Armenian Apostolic Church. Such judicial oversight is fundamentally incompatible with Armenia’s 2015 Constitution. Article 17(1) guarantees religious freedom, while Article 17(2) clearly states that “religious organizations are separate from the state.” Article 18(1) further recognizes the Armenian Apostolic Church’s unique mission as a national church, vital to the spiritual life, culture, and identity of the Armenian people. These constitutional guarantees are reinforced by Armenia’s Law on Freedom of Conscience and Religious Organizations, which prohibits state interference in the internal affairs of religious bodies and bars government officials from exercising authority within church structures.
Importantly, Armenian law does not view the Armenian Apostolic Church merely as a symbolic entity but reaffirms its autonomy. Article 2(2) of the relevant legislation recognizes the Church’s self-governance within its ecclesiastical jurisdiction. The decision to defrock a bishop lies at the heart of this authority. Allowing secular courts to overturn or review such decisions would render constitutional protections meaningless.
This principle is neither new nor unique to Armenia. In European legal systems, secular courts consistently refrain from intervening in internal disciplinary or doctrinal issues of religious bodies. Courts in Germany, France, Italy, Spain, and the United Kingdom have repeatedly affirmed that disputes concerning clerical status, ordination, or discipline fall outside the jurisdiction of civil courts, except in narrow cases strictly related to civil rights. The European Court of Human Rights has also ruled that state interference in church governance violates Article 9 of the European Convention on Human Rights, which protects the autonomy of religious communities as a cornerstone of religious freedom.
Against this legal backdrop, any attempt by Armenian courts or political authorities to nullify the ecclesiastical decisions of the Mother See of Holy Etchmiadzin would constitute a blatant violation of Armenia’s Constitution, domestic legislation, and international obligations. As documented in the White Paper published by Amsterdam & Partners, these developments are part of a broader strategy by Prime Minister Nikol Pashinyan’s government to undermine the autonomy of the Armenian Apostolic Church and discredit the Catholicos, in direct opposition to constitutional order and international standards protecting religious freedom.
Amsterdam & Partners calls on Armenia’s state institutions to immediately cease judicial and political interference in the Church’s internal governance, uphold the constitutional separation of church and state, and align governmental conduct with national laws and European democratic standards.
Amsterdam & Partners LLP is an international law firm specializing in political advocacy and human rights. It operates offices in London and Washington, D.C.
