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Resolution 1532 (2007)
Honouring of obligations and commitments by Armenia
1. Armenia joined the Council of Europe
on 25 January 2001 and, since its accession, has been subject to a
Parliamentary Assembly monitoring procedure, which has led to the
adoption of Resolutions 1304 (2002), 1361 (2004), 1374 (2004) and
1405 (2004). In Resolution
1458 (2005) on the constitutional reform process in Armenia, which
was adopted in June 2005 on the occasion of a debate under urgent
procedure, the Parliamentary Assembly urged the Armenian authorities
to hold a constitutional referendum by November 2005 at the latest,
as only this would make it possible to implement a number of fundamental
reforms requiring a revision of the constitution and to ensure that
the constitutional reform entered into force as soon as reasonably possible.
2. The constitutional referendum took place on 27 November 2005
and allowed for the adoption of the constitutional reform. The Assembly
welcomes the successful completion of this reform process, throughout which
Armenia received the Council of Europe’s close support, notably
via the European Commission for Democracy through Law (Venice Commission).
At the same time, the Assembly deplores the irregularities which
tainted the conduct of the referendum and the failure to sanction
the cases of fraud noted, which marred the credibility of the official
results.
3. An ambitious action plan for the adoption or amendment of
some 51 laws over a two-year period (2006-2007) has been approved
by the Armenian Government with a view to implementing the constitutional
reform. The constitutional reform itself and the accompanying legislative
reforms have paved the way for the fulfilment of many of the commitments
entered into by Armenia on acceding to the Council of Europe, for
most of which the deadlines for completion initially set in Opinion No. 221 (2000) have long expired. They have also enabled Armenia to
make progress in complying with the statutory obligations incumbent
on it as on all member states of the Council of Europe in the fields
of democracy, the rule of law and human rights.
4. With regard to Armenia’s obligations and commitments in the
field of pluralist democracy:
4.1. the
Assembly welcomes the constitutional amendments which have improved
the separation of, and balance between, the legislative, executive
and judicial powers. The revised constitution is now consistent
with European standards and principles of democracy and the rule
of law and offers a new foundation for developing the democratic
functioning of Armenia’s institutions. The Assembly nonetheless
points out that effective implementation of the new system of government
requires an improvement in the political climate and the institution
of dialogue between the ruling coalition and the opposition;
4.2. the Assembly attaches particular importance to the organisation
and conduct of the forthcoming parliamentary elections (in spring
2007) and the presidential elections (in 2008). It is disappointed
that, since Armenia’s accession to the Council of Europe in 2001,
not a single election held there has been deemed fully free and
fair. It is essential that the next ballot at last comply with European
standards for free and fair elections as proof of Armenia’s progress
along the road to democracy and European integration. In this regard:
4.2.1. the Assembly notes with satisfaction
that the amendments to the Electoral Code adopted in May 2005 improved
the legal framework for elections. It expects that further amendments
to the Electoral Code drafted in close co-operation with the Venice
Commission and adopted at the end of December 2006 will create a
good basis for the organisation of the forthcoming elections;
4.2.2. beyond the revision of the Electoral Code, the Assembly
considers that democratic elections can be guaranteed only if it
is implemented in good faith and if the political will exists at the
highest level. A clear message must be conveyed that fraud will
simply not be tolerated in the next elections;
4.2.3. since the accuracy of voter lists is an indispensable
condition for the holding of democratic elections, the Assembly
calls on the Armenian authorities to do everything they can to ensure
that the lists are updated in good time for the forthcoming elections;
4.3. with regard to local self-government, the Assembly:
4.3.1. welcomes the fact that the revised
constitution now provides for direct or indirect election of the
mayor of Yerevan and restricts the possibility of removing mayors
from office so that it is confined to cases provided for by law
and requires a decision by the Constitutional Court;
4.3.2. takes note that the laws on local self-government, on
local taxation and charges and on territorial administration of
the state are being revised. The law on the status of the city of Yerevan,
determining how its mayor is to be elected and the status of its
12 districts, will be drawn up by the new parliament only after
the elections of spring 2007. The Armenian authorities must consult
the Council of Europe, in a timely manner, on all of the above pieces
of draft legislation so as to guarantee that the laws passed strengthen
local self-government in accordance with the recommendations of
the Congress of Local and Regional Authorities of the Council of
Europe and the European Charter of Local Self-Government (ETS N°.
122).
5. With regard to Armenia’s obligations and commitments in respect
of the principle of the rule of law:
5.1. implementation of the constitutional reform and the legislative
reforms that should accompany it requires an acceleration of the
legislative process. Nonetheless, draft legislation of importance
to both the democratic process in Armenia and the honouring of the
country’s commitments vis-à-vis the Council of Europe should be
the subject of a genuine debate both inside and outside parliament
in which all the political parties and civil society participate
and which is conducted with the support of international experts.
In addition, simply passing legislation is not enough to implement
democratic reforms. The Assembly calls on the Armenian authorities
to take the necessary steps to ensure that the law is effectively
applied, as this does not always appear to be the case at present;
5.2. the Assembly welcomes the fact that the revised constitution
has granted a right of access to the Constitutional Court to ordinary
citizens, the Human Rights Defender (Ombudsperson), members of the National
Assembly, subject to the requirement that at least one-fifth of
all of its members support an application, local authorities and
the courts. Armenia has thus been able to honour its commitment
on the subject. This possibility was rapidly utilised by hundreds
of individuals, the Human Rights Defender and the opposition, and
the Constitutional Court has started to play a vital role as guarantor
of the country’s institutions and of human rights. The Assembly
hopes that it will also play a major role in deciding any complaints
or appeals relating to the forthcoming elections, thereby guaranteeing
that the election process complies with democratic standards;
5.3. in the wake of the constitutional reform, the membership
of the Judicial Council is now in conformity with European standards.
A number of laws have already been amended to implement the new
constitutional provisions on independence of the judiciary. Other
reforms, such as those relating to ethics and the training of judges,
are included in a draft Judicial Code, on which the Council of Europe has
given its experts’ opinion and which was adopted by the National
Assembly in first reading at the end of December 2006. The Parliamentary
Assembly calls on the Armenian authorities to implement the reform
of the judicial system, not least the general prosecutor’s office,
as soon as possible, taking into account the recommendations made
by the Council of Europe experts. To reinforce de facto independence
of the judiciary and eradicate corruption, apart from reforming
the law, it will also be necessary to resolve the problems linked
to the financing of the judiciary and judges’ remuneration and to
enhance training efforts;
5.4. the Assembly deplores the fact that allegations of ill-treatment,
particularly during police custody, and of extortion by the police
and the National Security Service are still being made. The limited
number of complaints lodged which result in members of the police
being found guilty of abuse of authority or of exceeding their authority,
as well as the greater number of allegations concerning which no
complaint is lodged for fear of reprisals, continue to fuel the
feeling that impunity prevails. The Assembly takes note of the recent
or current legislative reforms, introduced with the Council of Europe’s
assistance, and hopes they will enable the image of the Armenian
police to be improved and the guarantees of democratic supervision
of police activities to be strengthened. It points out that in a
state governed by the rule of law it is not enough to impose disciplinary
penalties on members of the police who have committed criminal offences;
criminal proceedings must also be taken against them;
5.5. the Assembly is pleased that Armenia has ratified both
Council of Europe conventions on combating corruption, the Civil
Law Convention on Corruption (ETS No. 174), which entered into force on
1 May 2005, and the Criminal Law Convention on Corruption (ETS No.
173), which came into force one year later, on 1 May 2006. The Assembly
notes that, despite a number of institutional measures aimed at
taking more effective action, corruption, which is fed in part by
the underground economy, a high level of tax evasion and the existence
of organised crime, remains a serious problem in Armenia, affecting
many public-service sectors. These include the courts, the police,
the customs service, the tax inspectorate, the education and health
sectors, the licensing office and the privatisation process. The Assembly
urges the Armenian authorities to act upon the recommendations of
the Group of States against Corruption (GRECO) and on MONEYVAL’s
recommendations concerning the fight against money laundering. The
new anti-corruption strategy for the period 2007-2009 should be
finalised as soon as possible with the Council of Europe’s assistance.
6. With regard to Armenia’s obligations and commitments in the
human rights field:
6.1. the Assembly
welcomes the fact that, thanks to the constitutional reform, the
institution of the Human Rights Defender (Ombudsperson), the election
by parliament and the principle that the person in office cannot
be dismissed have found their place in the constitution, enabling
the Human Rights Defender to play an increasingly active role in
the protection of Armenians’ human rights. The Assembly calls on
the Armenian authorities to amend the law on the Human Rights Defender
in order to take into account the forthcoming recommendations of
Council of Europe experts and the Venice Commission;
6.2. a few months away from the forthcoming parliamentary elections,
the Assembly attaches special importance to pluralism of the electronic
media and the reform currently in progress, since equitable access
to the electronic media by all political parties is an absolute
prerequisite for the holding of free and fair elections;
6.2.1. the Assembly notes that the
revision of the constitution has paved the way for greater independence
of the bodies which regulate the electronic media. Nonetheless,
legislative amendments subsequently drawn up by the government without
first consulting media or Council of Europe representatives have
met with strong criticism, not least concerning the membership of
the National Television and Radio Commission and the method of appointment
of its members. The Assembly urges the Armenian authorities to consult
the Council of Europe’s experts and take into account their recommendations
before adopting amendments to the law on television and radio;
6.2.2. the Assembly also calls on Armenia to adopt an open, transparent
process of appointment of members of the Public Television and Radio
Council, as recommended by the Venice Commission;
6.2.3. apart from reforming the legislation, the Armenian authorities
must take steps to ensure the freedom and pluralism of public television
and radio on a day-to-day basis;
6.2.4. the Assembly gives its full backing to the monitoring
of electronic media programmes with a view to assessing their independence
and impartiality, as provided for in the Action Plan to support
the parliamentary elections in Armenia in 2007 approved by the Committee
of Ministers following a request by the Armenian authorities;
6.3. the print media are reputed to be free and pluralist,
but play only a minor role in the provision of public information
on account of their small circulation. The Assembly notes with satisfaction
that no criminal libel proceedings have been instituted against
journalists for some years now. Since the reform of the Criminal
Code in 2004, libel has been punishable by a prison sentence only
in the event of a repeat offence. The Assembly welcomes this progress
and encourages the Armenian authorities to decriminalise libel completely
and repeal Article 318 of the Criminal Code, which establishes the
offence of “insulting a representative of the public authorities”;
6.4. freedom of assembly is also very important in view of
the forthcoming elections. In this connection, the Assembly:
6.4.1. notes that the amendments to
the law on organising meetings, assemblies, rallies and demonstrations
adopted on 4 October 2005 took into account most of the Venice Commission’s recommendations
and welcomes improvements regarding freedom of assembly since the adoption
of these amendments;
6.4.2. asks the Armenian authorities to ensure in practice that
the law is applied in a manner compatible with the requirements
of Article 11 of the European Convention on Human Rights (ETS No. 5),
including by local authorities, especially in view of the forthcoming
parliamentary elections. Arbitrary arrests and excessive use of
force by the police must no longer be tolerated and those responsible
must be prosecuted and punished;
6.5. the Assembly notes with satisfaction that the constitutional
reform has finally put an end to the practice of administrative
detention;
6.6. the Assembly welcomes the publication, on 16 November
2006, of the report by the European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
on its ad hoc visit to Armenia in April 2004. It encourages the
Armenian authorities to continue the reform of the prison system
and applauds the setting up of a monitoring group, consisting of
civil society representatives, to exercise public supervision of
the situation in prisons. To bring Armenia’s prison system into
line with European standards, the Assembly urges the Armenian authorities
to give serious consideration to the relevant recommendations of
the CPT and to adopt an action plan for their implementation. Although
some of the difficulties hampering the reform are linked to the
available resources, where the treatment of detainees is concerned,
political will at all levels to do away with illtreatment and bring
those guilty of it to justice would in itself contribute to improving
the image of Armenia’s prison system;
6.7. as regards Armenia’s commitment to adopt a law on alternative
service “in compliance with European standards” and “pardon all
conscientious objectors sentenced to prison terms”, the Assembly is
disappointed to note that the current law, as amended in 2005 and
subsequently in June 2006, still does not offer conscientious objectors
any guarantee of “genuine alternative service of a clearly civilian nature,
which should be neither deterrent nor punitive in character”, as
provided for by Council of Europe standards. It is deeply concerned
that, for lack of a genuine form of civilian service, dozens of conscientious
objectors, most of whom are Jehovah’s Witnesses, continue to be
imprisoned, since they prefer prison to an alternative service not
of a truly civilian nature. The Assembly urges the Armenian authorities
to revise the law on alternative service in accordance with the
recommendations made by the Council of Europe experts currently
studying this issue and, in the meantime, to grant an amnesty to
the young conscientious objectors currently serving prison sentences.
7. The Assembly congratulates the Armenian authorities on having
signed, on 14 November 2006, an Action Plan with the European Union,
under the European Neighbourhood Policy, which opens up a new era for
the country, but also the region, as regards European integration.
8. The Assembly regrets that, despite the three meetings between
the presidents of Armenia and Azerbaijan organised in 2006 and the
increased efforts by the co-presidents of the Minsk Group, no significant progress
can be registered to date towards a peaceful settlement in the Nagorno-Karabakh
conflict. It reiterates that it is in the interest of both countries
to end this conflict as soon as possible, ruling out the use of
force, in accordance with the commitment entered into at the time
of their accession. Without a final settlement, prospects for stability
and prosperity in the entire region remain precarious. The Assembly
itself is committed, notably through the Ad hoc Committee of the
Bureau on the implementation of Resolution 1416 (2005) on the conflict over the Nagorno-Karabakh region dealt
with by the OSCE Minsk Conference, to help engender a positive negotiating
climate and foster dialogue at the parliamentary level and between
the populations of the two countries concerned, and also with the
population of Nagorno-Karabakh, while refraining from interfering in
the negotiation process.
9. The Assembly acknowledges the progress made by Armenia towards
compliance with its obligations and commitments, in particular since
the adoption of the constitutional reform. It decides to pursue
its monitoring procedure until the current or proposed reforms in
the spheres mentioned in this resolution have produced tangible
results. The Assembly attaches particular importance to the implementation
of reforms in the fields of electoral law, the media and the justice
system and expects Armenia to demonstrate its capacity to hold the
parliamentary elections in 2007 and the presidential elections in
2008 in accordance with international standards for free and fair
elections, not least with regard to pluralist, impartial media coverage
of the election campaign.