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On May 19 in the NA Gilded Hall the meeting of the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe (PACE) which presided over the Committee Chairperson James Clappison.

After approving the agenda the RA NA President Galust Sahakyan had a welcoming address. He said in particular:

“Dear colleagues,

Ladies and gentlemen,

I am glad to welcome the participants of the PACE Committee on Legal Affairs and Human Rights in Yerevan.

Armenia's direction to Europe, the policy of integrating to European structures is a result based on our common system of values, rich cultural and Christian legacy and stems from our inner agenda. Armenia is an inseparable part of European civilization by its past, as well as its present with its commitment assumed in the establishment of democracy, provision of rule of law, fundamental freedoms and protection of human rights. We observe our membership to the Council of Europe and the cooperation with other European structures as an important factor of strengthening democracy and effective reforms of Armenia. The aspiration of having a state system based on fundamental European values has always been accurate among our public.

The results of our joint efforts are visible and irreversible. Considerable progress has been recorded on the path of the reforms being made in Armenia aimed at the social-economic and institutional development, the strengthening of state structures, the improvement of the public administration, fighting corruption, the provision of the judicial system independence and good administration. Today, Armenia is a country of free speech and free press, where the citizens are free to exercise their right of organizing assemblies, and we have established civil society, which knows what rights it has and how it can struggle for its rights. These and numerous other achievements are more than important for our future.

I consider important also to touch upon such challenge the Council of Europe faces as intolerance. Unfortunately, in the 21^st century also this problem is on the agenda, when the extremist political streams and revelations accelerate. The intolerance generates racism, discrimination, violence, which eventually turn into conflicts, crimes against humanity. Armenian people have felt themselves what grave consequences can result in xenophobia, becoming a victim of the first genocide of the 20^th century.

In the struggle against intolerance the inter-cultural dialogue plays a special role; that provides an exclusive opportunity for mutual enrichment of cultures, respecting each other’s traditions and religions, thus also for peaceful co-existence. Our prior and common goal should be the strengthening of unity of different peoples and the perception of their spiritual values. It is shameful that now in the world such phenomena continue to exist and in some countries they are even encouraged at state level. Xenophobia sponsored by the political elite in Azerbaijan, the hostile rhetoric, and its main target is Armenia and all that is connected with Armenians serve as an occasion of serious concern. We should be resolute in eradicating such revelations in any corner of the world.

The Council of Europe as a unique structure spreading principles of human rights, democracy and rule of law, has the most important role in this issue. The role of the organization should be more purposeful, using the whole arsenal of the rich legal toolkit.

In this context we highlight the parliamentary alliance “No to hatred” initiated within the framework of the PACE as an important platform, which consolidates the parliamentarians assumed commitment struggling against evils.

Dear colleagues,

The duty of all of us is to unite our forces for our future.

I welcome you once again in Yerevan and wish you effective work.”

The NA Vice President, the Head of the RA NA PACE Delegation Hermine Naghdalyan, reaffirming that the Council of Europe is one of the most important partners of Armenia. Mrs Naghdalyan has underlined that since its membership Armenia has initiated necessary steps to fulfill its assumed obligations and commitments by the CoE membership. Speaking about Armenia-CoE cooperation, she has noted that it refers to the reforms being implemented in different spheres, particularly, the judicial system, the freedom of speech and press, the Electoral Code, the criminal-executive institutions, fighting corruption, social consolidation, local self-government and other spheres. According to the NA Vice President, essential progress has been registered in these spheres, however the development of the country and democratic society is a continuous process, and Armenia is ready to apply consistent efforts to reach more tangible results.

Touching upon the process of the constitutional reforms, the Head of the Delegation has noted that Armenia highlights that process which is directed to the further strengthening of the constitutional guarantees for the rule of law and human rights and freedoms, the decent balance of the authorities, and the boosting of the effective administration. She has informed that a Professional Committee on Constitutional Reforms adjunct to the RA President, which the RA President has already presented the concept of the constitutional reforms. The NA Vice President has expressed her gratitude to the Council of Europe for showing its support to this process through the Venice Commission. She has expressed confidence that the initative of the constitutional reforms gives a unique opportunity for making reforms in the country.

The member of the RA Constitutional Court Alvina Gyulumyan delivered a speech on the developments of Armenia’s legal system. She has touched upon the judgments made on precedent cases concerning Armenia of the European Court and the attitude towards the constitutional reforms by the public and politicians, noting that it is equivocally accepted, and most of about 50 judgments adopted by the European Court have been of essential importance for improvement of a number of laws of Armenia. The RA law “On Alternative Service” has been particularly improved, a new Criminal Code has been revised. Alvina Gyulumyan, in particular, has highlighted the improvement of the provisions restricting the citizens’ rights and the provision and realization of more protection of human rights.

The President of the RA Chamber of Advocates Ara Zohrabyan delivered a speech. In his remarks, the processes of legal development in legal development are at the phase of continuous upgrading and sincerely touch upon the advocates’ everyday activities. He has introduced the activity of the Advocates’ offices, the peculiarities of the model of the public defender’s office, has talked about the process of the establishment of the Advocate’s School. Mr Zohrabyan has touched upon the legislative gaps also existing in the sphere and submitted recommendations.

The member of the Committee on the RA Constitutional Reforms Gevorg Danielyan has talked about the process of the constitutional reforms, introduced the principles of key importance. He has emphasized the principle of legal certainty, the rule of law, he has considered necessary to review the practice of law application in our country. Gevorg Danielyan also has touched upon the issues of the law-making activity, has noted the complications which emerge reproducing the norms of international law in the national legislation. He has particularly stated that the small number of political forces in our legal system have no legal opportunity to have an impact on law making activity. Making reference to the concept of the constitutional reforms, he has informed that radical reforms are underway on this issue, i.e. the small number of political forces will have real opportunity to enter into the agenda without preliminary debates bills, as well as there will be some bills for the adoption of which clear majority will not be sufficient anymore. Gevorg Danielyan has deemed necessary also to revise the format of those engaged with drafting of the legislative acts: hence, he has proposed the parliament to debate a version, according to which an independent professional centre will be reserved a right to be engaged in the legislative activity, thus, the availability of the institutional interest will get softened while drafting laws.

The RA Deputy Human Rights Defender Tatevik Khachatryan in her speech touched upon the protection of human rights in Armenia and the activities of the Human Rights Defender Office. She stated that joining the international organizations and ratifying a series of documents in the sphere of protection of human rights, Armenia has assumed obligations, and its fulfillment is one of the most important directions of the legal system. Mrs Khachatryan introduced the achievements, successes, as well as the shortcomings of the sphere.

Bernd Fabritius, the EPP member, the representative of Germany, presented the introductory memorandum “Abusive use of the Interpol system: the need for more stringent legal safeguards.” Yaron Gottlieb, Assistant-Director, Office of Legal Affairs, Interpol, Alex Tinsley, representative of Fair Trials organization and Anna Koj, Head of the EU Office, Open Dialog Foundation delivered speeches on the theme.

Kimmo Sasi, the EPP member, the representative of Finland, introduced the draft resolution on “Judicial Corruption: urgent need to implement the Assembly’s proposals.” The participants of the meeting approved the debated draft resolution and a draft recommendation.

Bernd Fabritius submitted for debate the introductory memorandum “Strengthening the rule of law in South-East European countries through targeted reform of the legal system.” Zdravka Kalaydjieva, former Judge at the European Court of Human Rights and Cristina Guseth, Director of the Freedom House organization, Romania delivered speeches on the theme.

As a result of considerations, the MPs postponed until June session the debates of the resolution recommendation and claim included in the agenda was postponed.

An exchange of views was held and other issues regarding the Committee’s activity were also debated.

The Committee will continue the work of the meeting on May 20.