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19.06.2009
National Assembly Adopts the Proposal of the President of the Republic of Armenia, on Declaring Amnesty

On June 19, on the initiative of the President of the Republic of Armenia, an extraordinary session of the National Assembly was convened. There was only one issue on its agenda, i. e. the President’s proposal on Declaring Amnesty.

Mr. Gevorg Danielayn, Minister of Justice of the Republic of Armenia, presented the conditions and concept of the amnesty to the parliamentarians. The main speaker first noticed that the presented document was in compliance with the six decisions of the amnesty, adopted before. According to the Minister of Justice of the Republic of Armenia, this proposal of amnesty differs from all others, besides it includes many innovations. The speaker noted the very item, through which it is foreseen to release from punishment the persons who committed crimes, related to the events on March 1-2 in Yerevan. This explicitly covers those persons, who were not convinced to prison sentences of more than five years. This draft also foresees the amnesty opportunity for persons, currently under investigation if they voluntarily appear before the court before July 31, 2009. The Minister noticed that the amnesty would first refer to the disabled of the first or second groups, persons above 60, the teenagers, not yet 18, not being imprisoned before. Also other cases would be taken into consideration.

Fourteen Members of Parliament were registered for questions.

Answering the questions, Mr. Gevorg Danielyan said that the president’s amnesty proposal would refer to nearly 2000 persons, 500 of whom would be fully released from punishment. According to the Minister the number of persons who committed crimes, related to the events on March 1-2 in Yerevan, enjoying amnesty will not exceed 100. Many of the questions were directed to concrete cases. The speaker clarified that the amnesty decision would particularly refer to the Members of Parliament, related to the events on March 1-2 in Yerevan, with the exception of Mr. Sasun Mikayelyan. The article of the Criminal Code referring to him is not subject to amnesty.

Members of Parliament proposed to set up a working group to control the activity of amnesty.

Mr. Davit Harutyunyan, Chairman of the Standing Committee on State and Legal Affairs of the National Assembly, presented the conclusion of the leading committee on the amnesty. According to Mr. Davit Harutyunyan the amnesty initiation could release the present tension and set up a basis for cooperation. Nevertheless, on behalf of the committee, Mr. Harutyunyan made some proposals.

Mr. Hovik Abrahamyan, President of the National Assembly of the Republic of Armenia, made an extraordinary speech.

“Dear Compatriots,

Let me say that in the present created situation the amnesty is a very important step. There is nothing to hide. Today it is of both humanitarian and political importance. It could also become a new impetus for the development.

Yes, there are many views, related to amnesty. First I want to stress that there are no term restrictions for similar political decisions. They should be applied at necessity and that necessity, as you know, is already matured.

It is necessary not only to slur over the problems, but also to fully examine them and give unbiased assessment, and which is more important, to find relevant solutions. Those solutions cannot be convincing, if not applying the application of main principles of amnesty.

We all together should be convinced that every one is deserving of what he/she gets, and if the committed crime is not characteristic to the certain person, and it is for the first time and was caused by the circumstances and accidentally happened, then taking into consideration his/her behavior in prison, he/she should be given another chance. Eventually there are single mothers and fathers, feeding families and representatives of other social groups, who could be released and help them to be integrated to the society.

The Society very often comprehends this amnesty as getting rid of the punishment, but the amnesty also reduces of the punishment not realized for those persons, who received punishment of more then 3-5 years, and it refers to those cases when the articles are subject to amnesty. By the draft the punishment, related to the events on March 1-2 in Yerevan, is proposed to be reduced by 1/3, if imprisonment terms, defined for them is more than 5 years.

I propose that the President of the Republic of Armenia display a humanitarian approach towards those persons and to arrange the punishment to be reduced by ½ instead of 1/3.

Of course not everybody will be pleased with amnesty. Of course there are also persons, who are principally against the amnesty. But I should remind them that the amnesty should not be mixed up with not substantiated forgiveness, which causes new crimes.

In reality the amnesty is a step emerging from Christianity, that it is a humanitarian impetus to all society.

There are countries, where amnesty is considered as purely a political step, directed to the solution of many inner issues and the reduction of tension in the country. In a number of countries amnesty is also directed to relieve state economic burden. There are also other examples when the amnesty leads to successful solutions of social, psychological and other issues. I believe that the proposed amnesty in our country includes all those issues and political as well as economic and social- psychological, but as for me the most important is the formation of civil solidarity, without which the reforms in the country would never become the property of the people.

Eventually the amnesty displayed the active participation of all the circles of our state. I would like to touch upon the circumstance that this is a very exclusive case when all the wings of the state as well as the newly established public council had their tangible investment in the development of the facts, principles and core concepts of the amnesty. Thus a basis of a new culture for unanimously solving serious issues was set up in our country, which I think will have a great role during the solution of the all-future issues.

I am confident that the amnesty, proposed by the President of the Republic of Armenia and declared by the National Assembly, is a substantial step, realized just in time.

Dear Colleagues,

Yes, you really have to stop at a certain instant and start from a new page. Today we are given an opportunity to heal the wounds of March 1-2. I agree with the opinion that we all are guilty in the events of March 1-2. But talking frankly for me it is not clear who are more guilty, those who are imprisoned or those who are in freedom, but provoked the people and left them at the last moment, leaving them alone before the law and law enforcement bodies.

I think we’ll think a lot on March 1-2 yet. We have a lot to learn from those events, but also can start from a new page. We all are obliged to do it.

And today, before the voting, let us think on what the President of the Republic said.

“Remember, that we have a lot to do, remember that we have the mission to protect and create.

Remember this and repeat once again for everyone.

- We do not divide people into others and ourselves

- We do not create barriers, do not spread hatred, and do not consider ourselves above all.”

But we are well aware that it is time to rise above divisions that weaken the capacity of the nation. We have passed a long way, full of hardships and trials for this present.The time has come, based on present events, to build our future.”

Let us remember this appeal and stay united. I am convinced that this step is a display of a strong will and fair mind.

Thanks.”

A number of MPs presented their views on amnesty.

Ms. Anahit Bakhshyan presented the view of the Heritage faction. She said that the Members of Parliament of the faction presented their views, but once again, on behalf of the faction, they say that as for them the presented draft will not promote the overcoming of the political crisis. Ms. Bakhshyan once again proposed to clarify the list of the persons, in relation to the events of March 1-2, 2008, and release all of them. According to the faction it will be one of the steps of opening dialogue with the society.

Presenting the view of the Rule of Law faction, Mr. Hovhannes Margaryan, in the aspect of morality and humanitarian, highly praised the proposal of the President of the Republic of Armenia on amnesty, which, according to him will release the tension and will become a good model for tolerance.

Mr. Armen Rustamyan presented the view of the ARF faction. According to him the necessity of amnesty is obvious, a political and an unprecedented step is in process, the core issues of which is to release the tension, caused by the events of March 1-2. This step should have been taken earlier. According to him the document creates an atmosphere of tolerance and dialogue.

According to Mr. Aram Safaryan the view on the issue in debate was positive, as a political, legal and humane document is presented, which is a good example for public tolerance. One of the requirements of the CE is also realized by this document. Mr. Aram Safaryan said that his faction would vote for the decision.

The RPA faction, according to Mr. Galust Sahakyan, fully shares the view, expressed by the President of the National Assembly. The RPA faction will vote for the document.

In his closing speech Mr. Gevorg Danielyan, Minister of Justice, said that many proposals were adopted.

They also adopted the proposal of the President of the National Assembly, Mr. Hovik Abrahamyan, through which in Article 7 it is proposed the punishment of the persons, mentioned in the item 2, to be reduced by half, it also covers those persons charged with crimes, in relation to the events of 1 –2, March 2008.

Article 200 of the Criminal Code was removed from the articles, which are not subject to amnesty.

By the amendment made to Article 15 the amnesty decision is applied not before the previous day of the amnesty decision adoption, but it covers the persons, recognized disabled before June 1.

Mr. Hovik Abrahamyan, President of the National Assembly, with the acceptable amendments by the President of the Republic of Armenia put to the vote the decision of the National Assembly on Declaring Amnesty. The National Assembly adopted it with the votes of 98 for, 1 against and 3 abstention.

The National Assembly finished the work of the extraordinary session.


19.06.2009
Decision of the National Assembly of the Republic of Armenia On Declaring Amnesty
Debating the proposal of the President of the Republic of Armenia on Declaring Amnesty and being led by the 1st clause of the 1st part of Article 81 of the Constitution of the Republic of Armenia:The National Assembly of the Republic of Armenia DECIDES:1. To release1) the persons sentenced to impris...



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