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16.03.2011
Co-Rapporteurs of the Monitoring Committee of the Parliamentary Assembly of the Council of Europe
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On March 16 the Co-rapporteurs of the Monitoring Committee of the Parliamentary Assembly of the Council of Europe (PACE) Lord John Prescott and Alex Fischer met the members of the delegation of the National Assembly in PACE.

Welcoming the co-rapporteurs, the Head of the Armenian delegation Davit Harutyunyan highly assessed their work done and expressed hope that the newly appointed Mr Fischer, who first time in Armenia will continue the formed traditions of cooperation.

During the three-day visit the co-rapporteurs aim to get acquainted with the procedure of the fulfillment of the obligations and commitments assumed by Armenia, listen to existing views in the political field and better understand the situation, Mr Prescott noted. The reforms of the Electoral Code, as well as the amendments to the law on Television and Radio, the cases of the persons being in prison after March 2008 events, the reforms of the justice and police spheres and the amendments to the law On Conducting Assemblies, Meetings, Marches and Demonstrations were the key issues for the co-rapporteurs’ attention. The PACE representative noted that they assessed the positive amendments made but there are some issues to be solved.

At the meeting the member of the Armenian delegation in PACE Naira Zohrabyan touched upon the legislative reforms concerning the mass media, noting that the version submitted to the parliament was also disputable for them, and the Prosperous Armenia had presented proposals for improving the law. The working group headed by the Human rights Defender, according to Naira Zohrabyan, together with the parliamentarian and international experts would be able to make the law admissible. Speaking the long lasting and not facilitating process, the Prosperous Armenia faction conveyed the political will of the authorities reaching to the end the democratic reforms in Armenia. The MP also noted that despite the big volume works done some problems are not still solved in the system of police and justice.

The deputy of ARF faction Armen Rustamyan informed the guests about the amendment of the Electoral Code, their proposal formed of 11 clauses. The ARF faction will circulate the alternative version of the amendment of the Code. The faction has also proposals about the law on conducting assemblies with conventional and technical motivations against prohibiting the assemblies. The faction finds on March 1-2 events that there is need of new discussions for clarifying the circumstances of the death of the 10 victims and notes that there are persons being still in prison after pardon.

Davit Harutyunyan also touched upon the issues concerning the co-rapporteurs. First, he noted that the pardon has been spread on all citizens detained for March 1-2 events, part of them has been released, part of the size of the punishment was decreased, and today the possibilities of releasing with early-term, prescribed by law were continuing to be debated. The head of the delegation also presented the procedure of the reforms started in the system of the justice, especially assessing positive and progressive the newly elaborated concept of the Criminal Procedure Code. The draft law is designed to submit to the parliament in September. The amendments made in the sphere of police are not yet seen visible, but a number of important steps have been taken for not repeating March events, the speaker said. Davit Harutyunyan informed the guests that during the upcoming four-day sittings a draft law on conducting assemblies is designed to debate. The co-rapporteurs concerning the information field and the amendments of the Electoral Code will have an occasion to get familiarized with them during the debates in the specialized committees, Mr Harutyunyan noted and drew their attention to the initiative of creating a sub-committee on Karabakh in PACE very important for Armenia. In this issue the Armenian delegation agrees with them and finds that the creation of that sub-committee endangers the procedure of the peaceful negotiations, Davit Harutyunyan. He also noted that due to the efforts of the President of the Assembly the documents of the Armenian delegation are not spread.

The Co-rapporteurs of the Monitoring Committee of PACE Lord John Prescott and Alex Fischer met the members of the working group of the RA Electoral Code reforms.

The Head of the working group Davit Harutyunyan at Mr Prescott’s request presented the procedure of RA electoral Code reforms and the main amendments made. He said that a working group was formed with the participation of political forces and NGOs in the summer of 2008 to create a concept of reforms of the Electoral Code. Taking into account the opinion of the Venice Commission on the concept the specialized group wrote a draft law of Electoral Code, which was not official yet, but it was only a draft law presented for debate, and numerous proposals were received on it. Two-day conference was organized, to which, apart from the Armenian National Congress (ANC) all political forces took part. Taking into account the recommendations sounded in the conference a document was created, after which the NA Speaker Hovik Abrahamyan set up a working group to debate several hundreds of received proposals. The two parliamentary opposition factions refused to take part in the works of the group presenting an ultimatum: either accept their recommendations, or refuse taking part in the works of the group. Their recommendations were three: 100% proportional elections, publication of the election lists (though the Venice Commission had announced that it is a violation of electoral order) and shooting in all electoral districts by the state. The political forces forming parliamentary majority proposed the opposition colleagues to take part in the works of the group and decide there the destiny of the recommendations, as only the working group has an authority of making decisions. The proposals was accepted, and a working group was set up from the representatives of the three factions, who signed the coalition agreement.

Mr Harutyunyan said that the bill had already been ready. It had been sent to the Venice Commission to receive an opinion and at the same it had been under circulation in the parliament. In the upcoming four-day sittings the bill will be debated in the first reading, after which the parliament will wait for the answer from the Venice Commission. After receiving the opinion of the latter public debates will be held, and then only in the plenary session will be debated in the second reading. It is designed to end the works in May in order to have the reformed Electoral Code ready one year before the elections. According to Mr Harutyunyan’s assessment, the rules of financing have been specified in the reformed Code, the punitive measures being envisaged in case of riggings of financial documents have been made stricter, the Committee of Radio and Television was obliged to initially publish an unbiased methodology of using the mass media., it is designed to elect leadership of the Electoral Committee according to the distribution of political forces in the parliament.

Davit Harutyunyan ensured that he would submit in written form the important amendments comprised of 10-16 clauses to the co-rapporteurs.

The NA Vice Speaker, the representative of the Prosperous Armenia faction, the member of the working group Samvel Balasanyan said that they had worked hard with the coalition colleagues on the document, and it was ready to debate at NA sitting in the first reading. Regarding the opposition’s proposals they can be once again debated in accordance with NA Rules of Procedure until the second reading. If the opposition displays will and readiness they are ready to cooperate and debate once again those proposals at NA sitting and during the public hearings to be held. Mr Balasanyan also said that their faction submitted to the working group numerous proposals, and among them only 2 had not been accepted, they are under debate. Part of the proposals refers to the strictness of the Criminal Code in case of violation of elections.

Touching upon the amendments made in RA Electoral Code the representative of the Country of Law faction, the member of the working group Hovhannes Margaryan especially emphasized the opposition’s representation in the leadership of the electoral committees, the right of shooting in the electoral process, the increase of the authorities of the proxies, making strict the defined punishments of the Criminal Code.

The representative of the RPA faction, the member of the working group Hovhannes Sahakyan said that the working group had refused the opposition’s proposal on printing the lists of the election in order not to have the principle of secrecy of election to be violated, but at the same time a provision was included, according to which, the proxy of the opposition may monitor or check the lists with the member of the committee.

According to Mr John Prescott’s assessment, the role of opposition in the democratic processes is as important, as the role pf the power. The two parties should understand their mission and promote the democratization, and on that way to have a good Electoral Code is very important.




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