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14.03.2008
Council of Europe Commissioner for Human Rights in the National Assembly

On March 14 the Speaker of the National Assembly Mr. Tigran Torosyan received the Council of Europe Commissioner for Human Rights Mr. Thomas Hammarberg. The meeting attended Mrs. Bojana Urumova, Special Representative of CE General Secretary.

Welcoming the guests the NA Speaker expressed regret that according to the tradition of previous meetings, the achievements in the sphere of the protection of human rights will not be discussed, but the painful events, which took place in Armenia. Mr. Torosyan stressed the fact that the Council of Europe Commissioner for Human Rights arrived in Armenia personally to get familiarized with the situation in place, as different agencies present the reality absolutely in a different way. The NA Speaker noted that steps, which fully correspond to the RA Constitution and the European Convention on Human Rights, have been taken in the created situation. It was also noted that the restrictions of the state of emergency have already been eased: the RA President made amendments in three points. The restrictions have only one goal – stabilize the situation and exclude the repetition of such phenomena in the society. Referring to the sounded different foreign statements during these days the RA President assessed these statements not adequate, in particular, when it says that all those arrested should be released and start dialogue with opposition, taking into account Mr. Levon Ter-Petrosyan and his co-thinkers, as first of all, those who should be released, who commit crime or irrespective of their party affiliation, should be arrested, then Mr. Levon Ter-Petrosyan and his co-thinkers are not the only opposition, there are a number of political opposition forces in Armenia, with whom political agreements have been already reached. And those, who do not accept the international observers’ opinion, the judgment of the Constitutional Court, who deny the democratic values and principles, the appeal for dialogue becomes formal.

The Council of Europe Commissioner for Human Rights Mr. Thomas Hammarberg, who was in Armenia in October 2007, noted that the report on the protection of human rights has already been prepared and submitted to RA Government and he arrived in Armenia once again to clarify the issues on recent events. He agreed with RA President that the international structures should be cautious in their assessments as far as possible for not aggravating the situation. In his assessment the society in Armenia is polarized, and the people respond very emotionally to political events. Mr. Hammarberg stressed the abolition of the restrictions of mass media and the creation of the atmosphere of full trust. In his opinion it’s necessary to review the law on Mass Media in the context of their work in the state of emergency.

In response, the NA Speaker noted that Armenia has no law on the State of Emergency on the creation of which we should seriously work, and the law on Mass Media was passed as a result of efficient work with international experts, enjoying their approval. The NA Speaker also noted that, unfortunately, there was no big trust, in particular, towards the mass media before the state of emergency, simply, like other countries, in Armenia the institutes of civil society are not fully formed, there is lack of political culture.

During the meeting the issue of holding a comprehensive investigation on the events, which took place in Armenia was also discussed. And as Mr. Hammerberg assessed, it’s a means accepted in international practice, and it’s necessary to find out those, who are really guilty, and because of them 8 people died, the impartial investigation will shed light on what happened and would inspire confidence in people. In the RA Prosecutor’s Office the investigation of the cases aims to find out the guilt of a concrete person, and the investigation of an independent body will present distinct recommendations in order to avoid similar situations in future. Mr. Hammarberg also finds that concrete procedures should be worked out, in particular, about the steps to be taken by the police during the public disorders in order not to have them from the borders of legality.

The NA Speaker Mr. Tigran Torosyan agreed that there is a necessity of making studies, and perhaps, some time later, when the tension calms down, when the situation gets stabilized, such group can be set up because the non disclosure of the deep problems will cause problems again. Similar group can be set up in the parliament too. In connection with the actions of police it was noted that from 1988 there have been multiple of hundreds of rallies in Armenia but none of them ended like this, and it’s not excluded that some policemen did not act perfectly. But the slaughterers with grenades, explosives, firearms and metallic rods cannot be called demonstrators.

During the meeting the sides touched upon the fact of deprivation of immunity of the four deputies of the National Assembly. At Mr. Hammerberg’s request the NA Speaker informed him about the legislation and the details of the decision passed by the National Assembly.

In the parliament the Council of Europe Commissioner for Human Rights Mr. Thomas Hammarberg had also meetings with the NA factions, which attended Mrs. Bojana Urumova, Special Representative of CE General Secretary.

The delegation headed by the Council of Europe Commissioner for Human Rights Mr. Thomas Hammarberg met the members of Heritage faction Mr. Stepan Safaryan, Mr. Vardan Khachatryan, Mrs. Anahit Bakhshyan and Mrs. Zaruhi Postanjyan.

Mr. Thomas Hammerberg said that they are in Armenia to study the protection of human rights in the conditions of the state of emergency. According to Mr. Hammerberg’s studies, today in Armenia the society is polarized, and it’s necessary to find ways which will connect all parts of the society with each other. Mr. Hammerberg considered necessary to take out the country from the state of emergency, to which the conduct of the international investigation will promote too.

The faction members referred to the problems of the protection of human rights in the conditions of the state of emergency and presented their views. As they assessed, the current situation is the revolt of the people living in long-lasting injustice. It was noted that punishment, political persecution is applied exclusively towards the opposition citizens, the mass media present the situation distorted, illegal arrests and trials are carried out, the people are deprived of the possibility to have a lawyer. They said that the Heritage faction submitted a claim to the administrative court on the investigation of the legality of the announcement of the state of emergency and not achieving a result in Armenia they are intended to claim to the European Court.

The path to the improvement of the situation the Heritage faction sees in holding independent investigation of the post-election situation in the republic and a dialogue with certain conditions.

The secretary of the Country of Law faction Mrs. Heghine Bisharyan and Mr. Mher Shahgeldyan received the delegation headed by the Council of Europe Commissioner for Human Rights Mr. Thomas Hammarberg.

At Mr. Hammarberg’s request the approaches of the faction was presented on the post-election processes created in the country. Mr. Mher Shahgeldyan noted that the political processes should develop in civilized way, and the legal problems should be solved in the legal field, which is important for the democratic development of Armenia. Referring to the state of emergency declared in the country it was noted that steps are taken to ease them.

As Mr. Thomas Hammarberg observed, the society is polarized, and it’s necessary to carry out a thorough and comprehensive investigation on the post-election developments. The faction member Mr. Mher Shahgeldyan answered that in the circles of the society discontent is conditioned by the people’s social situation. Mr. Shahgeldyan finds that real changes are necessary in the republic in the struggle against corruption and in the social-economic sphere. He also stresses the conduct of thorough and transparent investigation on the post-election processes by the law-enforcement bodies.

Mr. Thomas Hammarberg was interested in the dialogue over the formation of the new government between the Country of Law Party and the newly elected president of the Republic of Armenia Mr. Serzh Sargsyan. Mr. Mher Shahgeldyan noted that the RA Prime Minister proposed the Chairman of the Country of Law Party Mr. Artur Baghdasaryan to take part in governing the country, but there haven’t been discussions on the formation of the staff of the government. According to the member of the Country of Law Party, by the proposal of the RA newly elected president, being involved in the coalition and undertaking serious responsibility they will go through democratic reforms.

In the National Assembly the delegation headed by the Council of Europe Commissioner for Human Rights Mr. Thomas Hammarberg met the members of ARF faction.

Mr. Hammerberg noted that the aim of their three-day mission is to assess the inner-political situation in Armenia after presidential elections from the view of the problems of the protection of human rights. It was noted that they don’t have any wish to play a role of a mediator, when it refers to political disagreements. In his word during some meetings an opinion was expressed that the opposition is not fully presented in the parliament, so the political forces, which are not in the parliament, are obliged to go out to the street.

Before referring to the post-election developments, the head of the ARF faction Mr. Hrayr Karapetyan noted that in the 90s, when the ARF was an opposition, assemblies and demonstrations were also organized, and despite of the fact that they, unlike, the movement headed by Mr. Levon Ter-Petrosyan were acting within the framework of law, and they were not giving rods and arms during the assemblies, and the authorities of that time suspended the activity of the party, newspapers were closed, the leaders were arrested, staying in prison for 3-3,5 years. As he is convinced, the roots of today’s events come from the past.

Mr. Karapetyan noted that for providing full activity the ARF had a package of recommendations. It is proposed to give opportunity to the opposition for full activity in the political field, in particular, include an opposition representative in the National Commission on Television and Radio, to provide quotas to the opposition in the head staff of the NA committees, protect legally the opposition interests. Referring to the post-election developments, Mr. Karapetyan noted that the ARF is intended to follow the procedure of the criminal cases in order not to have the problem of settling score. Mrs. Alvard Petrosyan noted that the radical opposition on behalf of the Armenian National Movement/ANM had an opportunity to become civilized parliamentary opposition, but it did not take part in parliamentary elections. She is convinced that Mr. Levon Ter-Petrosyan’s fault is in distorting the entire opposition field. To Mrs. Ruzan Arakelyan’s conviction, the leaders of the radical opposition have gone far from the state way of thinking though they have been heads of the state before.

In the parliament the Council of Europe Commissioner for Human Rights Mr. Thomas Hammarberg also met the members of the Prosperous Armenia Party.

The Council of Europe Commissioner presented that a separate report on the post-election situation of Armenia is planned to prepare. Speaking about the initiative discussed with the President of the republic - to set up a committee and study the situation, Mr. Hammerberg was interested in the ways of helping the international structures in their work, and in general, in making progress in the sphere of human rights.

The members of the Prosperous Armenia faction noted that in restoring the atmosphere of trust in the country they expect and they are ready to receive the support of the international structures. The faction secretary Mr. Aram Safaryan presented the guests that the events of March 1 are the result of sowing hatred and animosity and ignoring their appeals of political consent during the recent two months. As Mr. Avet Adonts characterized, too much politicization of the population on one hand, and the low political culture on the other hand promoted those events. He noted that Mr. Levon Ter-Petrosyan formed a divisive line in the society and declared himself President of those being on the other side of the line still before the elections. Ms. Naira Zohrabyan, as a former opposition journalist, touched upon the issue of freedom of speech. In her opinion the free speech should be separated from hatred campaign. In this context the MP sees the necessity of changing in certain way the law on Mass Media. Mr. Aram Safaryan finds that the investigations of the criminal cases must be carried out open and transparent in order to be understandable for everybody, for which they are punished. Mr. Avet Adonts expressed confidence that all the accusations would be substantiated and added that at least they should not allow to have political prisoners in Armenia.

In the National Assembly the Council of Europe Commissioner for Human Rights Mr. Thomas Hammarberg also met the members of the RPA faction.

In Mr. Hammarberg’s word, the aim of the visit is constructive, and they want to get familiarized with the situation created in the country in order to be able to advise the government. Mr. Hammaerberg did not want to make any statement on the final assessment of the Council of Europe. In his opinion, it is necessary to thoroughly examine the events after the end of the mission, clarify the reality and then make conclusions. Mr. Hammarberg expressed wish to listen to the opinion of the RPA on deprivation of the immunity of the 4 MPs.

The secretary of the RPA faction Mr. Samvel Nikoyan presented the events of pre-election and post-election period saying that in the pre-election period tension and intolerance had already been noticed in the country. Referring to the decree of the RA President on declaration of the state of emergency in Yerevan, Mr. Nikoyan considered it a necessity, noting that after the elections rallies and demonstrations were taking place, which were becoming uncontrollable, mass disorders took place. Referring to the issue of deprivation of the colleagues’ immunity, Mr. Nikoyan noted that they had carried out anti-illegal actions, which the law-enforcement bodies should study. The NA deputies have opportunity with their voting for the fair investigation of the case. Mr. Nikoyan welcomed the steps taken by the president of the country directed to easing the state of emergency and restoring of the press. Referring to the March 13 announcements of the newly elected president Mr. Serzh Sargsyan, he highly assessed the tolerant position of the newly elected president. The RPA faction member Mr. Gagik Minasyan added that during the parliamentary and presidential elections the collected votes of the power and opposition have not been changed. In his opinion, during the recent 8 months  negative attitude has not been formed towards the authorities in the society. Referring to the elctions Mr. Minasyan stressed two circumstances – amendments in the Electoral Code, which contributed to holding more transparent elections. He stressed the making of the video of the electoral process and putting a stamp in the voter’s passport, which excluded the possibility of double voting, and which the opposition considered the most serious possibility of fighting against election riggings.

Mr. Minasyan also referred to the deprivation of the MPs’ immunity, adding that the parliament gave possibility to the law enforcement bodies to clarify the investigation of the case. To Mr. Minasyan’s conviction, to take the country out of this situation is the dialogue of the political forces.




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