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.