The Role of Precedent Decisions of the Court of Cassation in Shaping Judicial Guarantees of the Right to Liberty: A Comparative Analysis

The article analyses precedent decisions of the Court of Cassation of the Republic of Armenia adopted in 2005–2011 that established key judicial guarantees of the right to liberty and the right to a fair trial: recognition of the “criminal” nature of administrative detention, the availability of bail regardless of the gravity of the charge, the standards of due diligence and reasoning in extending pre-trial detention, the requirement to bring a wanted person promptly before a judge, and the “reasonable suspicion” standard. Using comparative and historical legal methods, the article examines the state of judicial practice before and after each decision. It argues that the positions examined followed a common path — from a European Convention standard to a domestic precedent and then to legislative regulation — and that judicial precedent functions in the Armenian legal system as an independent instrument of legal development. Particular emphasis is placed on the role of Davit Avetisyan in shaping this case law.