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Resolution 1837 (2011) Final version
The functioning of democratic institutions in Armenia
1. The Parliamentary Assembly welcomes
the general amnesty adopted by the National Assembly of Armenia
on 26 May 2011, which was proposed by the President of Armenia.
It notes with satisfaction that all those who remained in prison
in relation to the events of 1 and 2 March 2008 have been released.
2. The Assembly takes note of the report of the Ad Hoc Parliamentary
Inquiry Committee of the National Assembly and considers that, despite
a number of shortcomings, its recommendations could constitute an adequate
basis for addressing the underlying causes of the March 2008 events
and for preventing similar situations from occurring in the future.
3. The Assembly reiterates its concern about the lack of results
of the inquiry into the 10 deaths that occurred during the March
2008 events. It therefore welcomes the renewed impetus given by
the President of Armenia in recent months. In relation to this inquiry,
the Assembly considers that:
3.1. it
should also focus on the issue of responsibility in the chain of
command and the context in which the 10 deaths occurred, in order
to avoid similar situations from recurring in the future;
3.2. in the event that individual responsibility for the 10
deaths cannot be established, the reasons for this should be fully
explained in the report of the investigation;
3.3. transparency is crucial for the credibility of this inquiry;
the report containing the findings and conclusions of this inquiry
should therefore be made available for public scrutiny, even if
it fails to establish individual responsibility for the 10 deaths;
3.4. timely publication is important to provide closure to
this painful episode in Armenia’s recent history; the authorities
should therefore publish the report before the end of 2011 or, alternatively, consider
publishing an interim report.
4. The Assembly welcomes the constructive response given by
the opposition, and in particular by the Armenian National Congress,
to the amnesty and to the renewed investigation into the 10 deaths
during the March 2008 events. It congratulates the ruling coalition
and the extra-parliamentary Armenian National Congress on their
agreement to initiate a formalised open-ended dialogue on the normalisation
of the political environment in Armenia. In addition, the Assembly
expresses its hope that this dialogue will be supplemented with
a similar dialogue between the ruling coalition and the parliamentary
opposition in the framework of the work of the National Assembly
itself.
5. Underscoring the importance of the dialogue between the ruling
majority and the opposition – which it has consistently called for
– the Assembly urges all parties to participate in this dialogue
constructively and in good faith and not to restrict its discussions
to a limited number of potentially contentious subjects. In the
view of the Assembly, this dialogue should aim at ensuring the further
normalisation of the political climate, ensuring the proper conduct
of the upcoming parliamentary elections, as well as creating a political
climate in which genuinely democratic elections can take place and
which have the full confidence of the Armenian people.
6. The forthcoming parliamentary elections are crucial for the
democratic development of the country. Democratic elections which
result in a parliament that reflects all the relevant political
forces in Armenian society, will consolidate the normalisation of
the political environment and ensure the trust of the Armenian public
in the political institutions of Armenia. In this respect, the Assembly:
6.1. welcomes the adoption of the
new Electoral Code, on 26 May 2011, which was drafted in close consultation
with the European Commission for Democracy through Law (Venice Commission),
well before the elections are due;
6.2. considers that the new Electoral Code forms an adequate
basis for the conduct of democratic elections, if implemented in
good faith, but urges the authorities to address all recommendations
and shortcomings that may be contained in the forthcoming opinion
of the Venice Commission on the code as adopted;
6.3. stresses that the full implementation, both in letter
and in spirit, of the new Electoral Code is a pre-condition for
the conduct of democratic elections;
6.4. underscores that genuinely democratic elections necessitate
the full trust of the public and all stakeholders in the election
process and administration. The Assembly therefore calls on all
political forces to actively contribute to a democratic election
process and to refrain from any action or statements that could
undermine public trust in the election process and its outcome;
6.5. considers that, in addition to domestic observers, international
election observers have an important role to play in fostering public
trust in the election process and therefore calls on the international
community to ensure a large-scale election observation exercise
and invites the Bureau of the Assembly to contribute to that process
with a large delegation from the Assembly.
7. The Assembly is concerned about the functioning and lack of
independence of the judiciary in Armenia, which impede its role
as an impartial arbiter. It is equally concerned about persistent
reports and allegations of endemic corruption in the Armenian judiciary.
In this respect, it welcomes the importance and priority given by the
authorities to the reform of the judiciary, especially with a view
to ensuring its independence. It considers that the reform of the
judiciary cannot be achieved through legislative changes alone and
should be accompanied by a comprehensive policy for their implementation
aimed at changing existing mentalities and practice.
8. The Assembly notes the persistent allegations of corruption
in Armenia which negatively impact on the democratic development
of the country. It therefore urges the Armenian authorities to intensify
their ongoing efforts to combat corruption and to implement, without
delay, the recommendations made in the latest evaluation report
adopted by the Group of States against Corruption (GRECO).
9. In the opinion of the Assembly, the March 2008 events have
clearly highlighted the need for a thorough reform of the police
force in Armenia. In this respect, the Assembly:
9.1. welcomes the efforts by, and
political will of, the Armenian authorities to fully reform the
police force in line with European standards. In the light of the
March 2008 events, the Assembly recommends that these reforms include
a thorough review of crowd management policies and capacities of
the police;
9.2. reiterates its call that the police should be brought
under genuine civilian control and accountability and invites the
Armenian authorities to consider the establishment of a ministry
to which the police and security forces would be subordinate;
9.3. expresses concern about the reports of police brutality
and misconduct and urges the authorities to step up their efforts
to eradicate any form of ill treatment and abuse by the police;
9.4. considers the establishment of an independent police complaints
mechanism essential. It welcomes the willingness of the authorities
to establish such a mechanism and asks them to ensure that the necessary
preconditions for it are met without delay.
10. The Assembly considers a genuinely pluralist media environment
an essential condition for the democratic development of Armenia.
The Assembly welcomes the amended Television and Broadcasting Act, which
is an improvement on previous legislation, but reiterates its call
to the Armenian authorities to ensure a pluralist media environment
also in practice. In this respect, the Assembly:
10.1. takes note of the outcome of
the tender for broadcasting licences which was held in Armenia in 2010
and of the subsequent decision of the Committee of Ministers to
close the examination of the execution of the judgment of the European
Court of Human Rights in the case of Meltex
and Mesrop Movsesyan v. Armenia on the ground that a
transparent tender had taken place;
10.2. considers that the outcome of the licensing tender has
not resulted in a more pluralist media environment and therefore
that the outcome of this tender is not in line with the requests
of the Assembly in this regard;
10.3. reiterates its call on the Armenian authorities to amend
the Television and Broadcasting Act in order to ensure that the
composition of the National Commission on Television and Radio (NCTR)
and the Armenian Public Television and Radio Council truly reflect,
and are representative of, Armenian society;
10.4. calls on the authorities to introduce the legal obligation
that licensing decisions of the NCRT should be guided by and reflect
the need to increase the pluralism and diversity of the media environment
in Armenia;
10.5. considers that a substantially lower barrier for interested
groups to enter the media market is an important mechanism to increase
the plurality of the media environment. Given the potential of digital broadcasting
to increase the number of broadcasting licences available, the Assembly
considers that the authorities should hold, when feasible, a new
broadcasting licence tender with the explicit aim of increasing
the pluralism and diversity of the media environment in Armenia.
11. The Assembly considers that the outcome of the latest general
amnesty, the renewed impetus to investigate the 10 deaths during
the March 2008 events and the resulting start of a constructive
dialogue between the opposition and ruling coalition mean that the
chapter on the March 2008 events can finally be considered closed
for the Assembly, whilst its monitoring of Armenia’s human rights
and democracy obligations, including in respect of the investigation
into the 10 casualties, will continue unabated. It welcomes the
political will demonstrated by the authorities, and indeed all the
political forces, to resolve this issue in line with Council of
Europe standards and recommendations.
12. For the Assembly, the 2008 events and their aftermath have
set clear priorities for the democratic development of the country:
the conduct of genuinely democratic parliamentary elections; the
creation of a robust democratic and pluralist political environment
that has the full trust of the Armenian public; the establishment
of an open and pluralist media environment; the reform of the police
and the reform of the judiciary with a view to guaranteeing its
independence both in law and in practice.
13. The Assembly welcomes the close and constructive co-operation
between the Assembly and the Armenian authorities, which it considers
to be an example for the development of co-operation in the framework of
its monitoring procedure.
14. The Assembly resolves to closely follow the priorities mentioned
in this resolution, while at the same time ensuring that they do
not diminish the importance of the other obligations and commitments
of Armenia to the Council of Europe.