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FIDH note on Human Rights situation in Armenia
Paris, 26 September 2003
The International Federation for Human Rights (FIDH) states
that the gap between the ratification of international instruments
in the field of human rights and fundamental freedoms and the
current deficit of democracy in the daily life of the country
should be stressed, and all efforts done to fill it up in the
best time frame. The European Union has a key role for urging
the Armenian authorities to achieve the construction of the
Rule of Law. Democracy shall become real and anchored in the
minds of rulers and citizens.
The FIDH does not ignore that bloody political events, in particular
the assassination of the Republic of Armenia’s Prime Minister,
president of the Parliament, and 5 other ministers or MPs on
October 29, 1999, have been severely damaging the political
landscape and dialogue since it happened. However, the way the
Armenian authorities have investigated and instructed this criminal
case and the unacceptable duration of the trial process have
even more shadowed it. This remark is also true for other unclarified
murders of people belonging to the political or economic powers.
The direct consequence is the distrust of citizens into their
judicial system, and more globally into the executive power,
seen as omnipotent and liable for all the country’s disorders.
The absence of dialogue between the government and the opposition
fuels the stagnation of institutional reforms.
The FIDH would like to draw the attention of the European Union
on the following points.
Democracy and Elections
Both parliamentary and presidential elections have been monitored
by international observers, especially by Council of Europe
and OSCE appointed individuals, which reported numerous irregularities.
This is considered by the FIDH as a major step back compared
to the presidential elections held in 1998. Some opposition
groups, namely the Justice Party, continue their judicial crusade
to make invalidate the results of the election. After its request
being studied and finally rejected by the Constitutional Court
of the Republic of Armenia, this party made appeal and brought
the case by the European Court of Human Rights. The executive
power recognized the irregularities and committed itself to
improve the process next time. However it lost credit by arguing
that taking into account the disputed number of votes would
not have changed the final result of the elections.
The post election street protesters have been subject to arrests
and harassment by law enforcement groups. The Observatory for
the Protection of Human Rights Defenders, a joint program of
the FIDH and OMCT, issued a statement in March 2003 denouncing
the use of old administrative code provisions allowing immediate
trial and financial or jail sanctions, up to 10 days, against
non authorized street protests organizers or trouble makers.
Moreover, the office of Helsinki Citizens Assembly in Vanadzor
was attacked, a few days after the coordinator of this NGO announce
that he would organize a public information meeting on the presidential
elections. The coordinator was arrested and sentenced to 10
days.
Freedom of expression and Media Bill
The FIDH notes the persistence of some obstacles to the free
exercise of freedom of press. A1+ and Noyan Tapan, long time
established media groups, known for their relative professionalism,
have lost the tender held in 2002 for the renewal of broadcasting
licenses. The financing sources of these TV companies being
obviously originated in political opposition forces to the current
President, there is great suspicion about the behavior of executive
power toward the two media groups that have been denied the
license to run TV programs. The journalists’ community
is divided into two groups, one denouncing the lack of plurality
in Armenia, the other stating the contrary.
The approach of the Government consisting in creating criminal
offences for defamation of political figures or the disclosure
of information related to some State’s interests or threatening
national security, contradicts the principles of freedom of
expression and press. The Bill on Mass Media, which is currently
at the second reading stage in the Parliament, includes these
controversial provisions.
It is also worth being noted that this profession as well as
some others even more sensitive such as the judiciary professions,
need professional guidance and the establishment of codes of
ethics.
Administration and Independence of the Judiciary
Since the adoption of new laws governing the judiciary system
and professions in 1998, there have been a lot of improvements,
but the transition of principles into real application is still
facing some obstacles. The magistrates’ and prosecutors’
salaries have been substantially increased in order to fight
corruption. However, both judges and attorneys are still lacking
the adoption of professional rules of conduct and codes of ethics.
This is all the more urgent that the laws on their respective
professions make direct and numerous references to the codes
of ethics. Their absence gives eventually room to arbitrary
sanctions against bar attorneys.
The appointment and assessment system of judges was supposed
to be revised in order to transfer the responsibility from the
executive power, means the President, to the Constitutional
Court. This did not happen yet. The dominant role of the President
in the current provisions for appointment of judges does not
guarantee the right level of independence needed for the judiciary.
The FIDH welcomes the significant steps taken by the Armenian
Parliament toward the European Democratic standards, in particular:
The total and unconditional abolition of death penalty on September
9, 2003.
The draft law on the Ombudsman, to be submitted shortly in second
reading to the Parliament. Though the transitional measure concerning
the appointment of the “Human Rights Defender” by
the Office of the President is seen by many as a threat to its
independence, the experts of the Council of Europe do consider
that the new constitutional referendum to take place next year
will transfer this role to the National Assembly. This transitional
measure has been adopted as a consequence of the failed constitutional
amendments late May and will facilitate the immediate implementation
of the Ombudsman office. The FIDH does support this approach,
considering the Ombudsman institution as a very positive step
and crucial in the resolution of many citizens’ rights
violations and conflicts arising with State and Regional bodies
and officials. That institution will help all the socially and
economically unprotected citizens.
As a conclusion, the FIDH requests the European Union to urge
the Republic of Armenia to give a new impetus to reform in the
direction of democracy and rule of law, and fully respect its
international and regional commitments. |
