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Resolution 1677 (2009)
Functioning of democratic institutions in Armenia
1. In its Resolution 1643 (2009) on the implementation by Armenia of Assembly Resolutions
1609 (2008) and 1620 (2008), adopted on 27 January 2009, the Parliamentary
Assembly considered that, although it remained dissatisfied with,
and seriously concerned by, the situation of the persons deprived
of their liberty in relation to the events of 1 and 2 March 2008,
recent initiatives by the authorities and, in particular, the initiative of
the National Assembly of Armenia, to revise Articles 225 and 300
of the Criminal Code in line with Council of Europe standards, should
be seen as an indication of the readiness of the Armenian authorities
to address the demands of the Assembly contained in earlier resolutions.
The Assembly decided to remain seized of the matter and invited
its Monitoring Committee to follow closely the implementation of
the relevant Assembly resolutions and to propose any further action
to be taken by the Assembly as required by the situation.
2. The Assembly considers that the demands and recommendations
contained in its earlier Resolutions 1609 (2008), 1620 (2008) and
1643 (2009) form a concrete and realistic road map to resolve the
political crisis that ensued in Armenia after the presidential election
in February 2008. These demands and recommendations therefore remain
fully valid.
3. The Assembly welcomes the adoption, on 18 March 2009, of the
amendments to Articles 225 (mass disorders) and 300 (usurpation
of power) of the Criminal Code of Armenia, which, in the opinion
of the European Commission for Democracy through Law (Venice Commission),
generally represent an improvement over previous provisions in that
they reduce their scope for overbroad and abusive interpretation. It
takes note of the important impact of these changes on the cases
of persons deprived of their liberty in relation to the events of
1 and 2 March 2008 that are still being considered by the courts.
However, it notes that these changes do not have any impact on other
cases that are considered of serious concern by the Assembly, such
as the cases of persons charged, or convicted, solely on the basis
of police testimony, without substantial corroborating evidence.
4. In the view of the Assembly, the release of all persons deprived
of their liberty in relation to the events of 1 and 2 March 2008
who did not personally commit grave acts of violence would alone
provide the necessary basis for the start of the dialogue and reconsolidation
that is needed to overcome the political crisis that ensued after
the presidential election of February 2008. In addition, their release
would meet the concerns and demands of the Assembly in this respect.
5. The Parliamentary Assembly therefore welcomes the proposal
for a general amnesty submitted by the President of Armenia to the
National Assembly on 16 June 2009 and its prompt adoption by the
National Assembly on 19 June 2009. In relation to this amnesty,
the Parliamentary Assembly:
5.1. welcomes
that it explicitly covers those persons deprived of their liberty
in relation to the events of 1 and 2 March 2008 who were not charged
with violent crimes or who were not sentenced to prison terms of
more than five years. For the remaining cases, the sentences yet
to be served will be reduced by half;
5.2. notes that, under this amnesty, most, but not all, persons
deprived of their liberty in relation to the events of 1 and 2 March
2008 will be released; it will follow the developments with regard
to the remaining cases;
5.3. notes that for those persons who may be sentenced to prison
terms of more than five years, the amnesty will only apply to those
whose cases have been adjudicated by the courts, and that the amnesty will
also apply to those persons charged in relation to the events of
1 and 2 March 2008 who are currently in hiding, after the completion
of their trials, if they present themselves to the authorities before
31 July 2009. The Assembly urges the authorities, in view of a possible
application of the amnesty after completion of their cases in the
courts, to allow those concerned to remain free during their trial
if they present themselves to the authorities before 31 July 2009.
6. The Assembly calls upon the political forces in Armenian society,
both parliamentary and extra-parliamentary, to seize the new opportunity
and to engage in an open, constructive and serious dialogue on the
reforms demanded by the Assembly.
7. The Assembly notes that civil claims of legal responsibility
against those convicted in relation to the events of 1 and 2 March
2008, especially those convicted of organising mass disorder, could
still be filed. In this respect, it is concerned that the filing
of civil suits by public authorities could undermine the purpose
of the amnesty and calls upon the authorities to ensure that no
such suits by civil authorities are filed.
8. With regard to the independent, impartial and credible investigation
into the events of 1 and 2 March 2008, and the circumstances that
led to them, the Assembly regrets the breakdown of the work of the independent
expert group to establish the facts in relation to these events
(fact-finding group), as a result of the insurmountable tension
between its members and the politicising of its work by members
of both sides. In this respect, the Assembly:
8.1. calls upon the members of the fact-finding group to present
their findings and conclusions, possibly in the form of individual
reports, to the Ad hoc Parliamentary Inquiry Committee, and calls
for these combined findings and conclusions to be published, as
foreseen in the presidential decree setting up the fact-finding
group;
8.2. considers that an independent, impartial and credible
investigation into the events of 1 and 2 March and their circumstances,
is still necessary, in line with the criteria outlined by the Assembly, notwithstanding
the breakdown of the fact-finding group, and therefore considers
that the final report by the Ad hoc Parliamentary Inquiry Committee
will determine whether the criteria of impartiality and credibility
have been met and whether further investigations are necessary.
9. The Assembly is seriously concerned about the fact that the
investigation by the Prosecutor General into the 10 deaths that
occurred has not yet led to any concrete results and considers it
essential that this investigation be satisfactorily concluded without
any further delay. In this respect, it welcomes the decision of the
President of Armenia to ask the Prosecutor General to provide a
full report of his investigations for review by the Ad Hoc Parliamentary
Inquiry Committee.
10. Despite positive changes in the Law on Conducting Meetings,
Assemblies, Rallies and Demonstrations, the Assembly notes that
requests to organise rallies are still often rejected by the authorities
on technical grounds, or that undue restrictions are placed on them.
It therefore reiterates its call for the authorities to respect
the principle of freedom of assembly in practice, and to implement
any recommendations resulting from the project being carried out
jointly by the Council of Europe and the Organization for Security
and Co-operation in Europe (OSCE) to monitor the implementation
of the amended law on rallies and demonstrations.
11. With regard to the reform of the media, the Assembly welcomes
the adoption, on 28 April 2009, of amendments to the Law on Radio
and Television, which were elaborated in close consultation with
the Council of Europe and are aimed at ensuring the independence
of the media regulatory bodies in Armenia. With regard to these
amendments, the Assembly:
11.1. notes
that the appointment procedure for the members appointed by the
President of Armenia on the National Television and Radio Commission
and the Public Television and Radio Council is not regulated by
law and recommends that the President of Armenia issue a presidential
order to establish an appointment procedure that mirrors the procedure
applied for appointments by the National Assembly. The Parliamentary
Assembly considers that, despite the positive changes to the law,
these bodies cannot be deemed fully independent until such time
as all members are appointed through a politically neutral procedure;
11.2. reaffirms its position in Resolution 1609 (2008) that the composition of these two media regulatory bodies
should reflect the Armenian society;
11.3. recommends that serving politicians be barred from being
members on these bodies.
12. As to the holding of an open, fair and transparent tender
for broadcasting licenses, the Assembly notes the ongoing discussions
between the Armenian authorities and the Council of Europe on the
basis of a report prepared by an independent spectrum analyst. It
reaffirms its position that the technical implications of the introduction
of digital broadcasting in Armenia should not be used to delay unduly
the holding of such a tender and thus the execution of the judgment
of the European Court of Human Rights in the case concerning the denial
of a broadcasting license to the television channel A1+.
13. With regard to the election of the Yerevan City Council on
31 May 2009, the Assembly notes the conclusions of the observer
mission of the Congress of Local and Regional Authorities of the
Council of Europe. However, the numerous allegations that fraud
and violations were widespread during these elections demonstrate
that public trust in the electoral process is still very low in
Armenia. This, as well as the shortcomings and violations noted,
underscores the fact that electoral reform should now be a priority
for the authorities. Further electoral reforms are needed, therefore,
in particular with a view to strengthening post-election control
mechanisms for the disclosure of voting irregularities, including,
but not limited to, multiple voting practices.
14. The Assembly, reiterating its demands expressed more than
a year ago in its Resolution
1609 (2008), urges the Armenian authorities to implement without
delay further reforms of the police, including the establishment
of a proper public oversight mechanism, as well as of the judiciary,
with a view to ensuring its independence.
15. Through the adoption of a general amnesty for the persons
deprived of their liberty in relation to the events of 1 and 2 March
2008, the Armenian authorities have complied with a crucial demand
of the Assembly with regard to the political crisis that ensued
after the presidential election of February 2008. This, as well
as the assurances given by the authorities that they intend to conduct
and conclude an impartial and credible investigation into these
events and the circumstances that led to them, in line with the
demands of the Assembly, is a clear indication of the willingness
of the authorities to overcome the political crisis and its consequences,
and to turn to a new page in Armenia’s democratic development.
16. The Assembly strongly supports the process of democratic consolidation
in Armenia and therefore considers that the assessment of Armenia’s
compliance with the remaining demands made by the Assembly in Resolutions
1609 (2008), 1620 (2008) and 1643 (2009) should take place in the
framework of the ongoing regular monitoring procedure of the Assembly
with respect to Armenia. The Assembly invites its Monitoring Committee
to consider as a priority, within this framework, the compliance
by Armenia with the above-mentioned resolutions, as well as with
this resolution.