A1 Plus | 22:23:45 | 07-10-2004 | Politics | PACE FALL SESSION |

PACE NEW RESOLUTION ON ARMENIA

Implementation of Resolutions 1361 (2004) and 1374 (2004) on the
honouring of obligations and commitments by Armenia

Resolution 1405 (2004)[1]

1. Armenia was the subject of Assembly debates on its democratic
future on 27 January 2004 and 28 April 2004 respectively and the
country embarked upon further reforms following Resolutions 1361
(2004) and 1374 (2004). {BR}

2. The Parliamentary Assembly expresses satisfaction at its excellent
co-operation with the Armenian authorities, their open-minded attitude
and the quality of the ongoing dialogue on compliance with obligations
and commitments.

3. The Assembly is pleased to note that Armenia has complied with the
request to submit a report on paragraphs 9.i to 9.vi of Resolution
1374 (2004) and takes note that :

i. authorities have refrained from interfering with the conduct of
assemblies and, after the law “On gatherings, assemblies, rallies and
demonstrations” entered into force, a legal basis has been established
for holding them only by notification;

ii. the Constitution guarantees freedom of movement and laws provide
for maintenance of public order;

iii. the investigations on the incidents and human rights abuses
reported during the recent events, including assaults on journalists
and human rights activists, were led and information was provided to
the Assembly on a case of legal action against persons responsible for
assaults against journalists;

iv. the persons detained for their participation in the demonstrations
were released and an end to the practice of administrative detention
is expected as the Administrative Code is in the process of being
amended;

v. in this period one frequency has been freed, without contest, on
the basis of an intergovernmental agreement and within the framework
of the law “On Television and Radio”, a frequency which was given to
the Russian “Kultura” TV Channel for rebroadcasting;

vi. the authorities have taken note of the fact that the immunities of
members of the Parliamentary Assembly of the Council of Europe are
valid for the whole year (Resolution 1325 (2003) and Recommendation
1602 (2003)).

4. Despite Armenia’s declared wish to reach a peaceful solution with
Azerbaijan to the Nagorno-Karabakh situation, the Assembly is forced
to conclude that no tangible progress has been achieved for the past
year, whether at the level of the direct talks between the presidents
of the two countries, which are continuing, or at the level of the
Minsk Group.

5. The Assembly recalls that it had asked for a thorough investigation
into electoral fraud in the 2003 elections and for an end to the
judicial impunity of those responsible. In this connection, the
Assembly considers that it has not received a convincing reply from
the authorities. It is confident, however, that the process of
revising the Electoral Code will soon be completed, in keeping with
the recommendations of the Venice Commission.

6. It notes that legislative measures have been taken in order to
introduce into the Criminal Code a provision on conditional release
for all persons convicted of serious offences, including persons with
life sentences.

7. It notes that the constitutional revision needed to ensure that
certain commitments are fully honoured is making good progress. It
asks that the authorities should rapidly prepare draft amendments to
the Constitution, present them to the Council of Europe in 2004 for
expert appraisal and organise a referendum as soon as possible and in
any event by June 2005 at the latest.

8. The Assembly takes note of the timetable for effective
implementation of the basic reforms concerning the judicial system and
the independence of the judiciary and of the intention to adopt the
law on the status of judges, the law on the judicial council and the
law on the judiciary before the end of 2004.

9. The Assembly notes that the last amendments to the Law on Radio and
Television request that the National Broadcasting Commission should
add arguments when awarding broadcasting licenses, thus preventing the
adoption of arbitrary decisions.

10. With regard to its other requests, the Assembly notes the steps
taken to:

i. continue discussion of the question of administrative detention in
the Administrative Code in co-operation with the Council of Europe’s
experts in order to end administrative detention;

ii. adopt a law on demonstrations and public assemblies in
co-operation with the experts of the Council of Europe and the Venice
Commission;

iii. amend the Criminal Code in order to introduce the possibility of
conditional release for prisoners serving life sentences;

iv. revise, in co-operation with the Council of Europe’s experts and
with due regard to the recommendations already made and those yet to
be made, Articles 135, 136 and 318 of the Criminal Code in order to
remove any possibility of making insult and defamation subject to a
prison sentence ;

v. revise the law on the police in co-operation with the Council of
Europe’s experts;

vi. adopt a law on the status of Yerevan, a law on territorial
autonomy, a law on local government staff and a law on local
self-government;

vii. combat corruption and sign the Civil Law Convention on
Corruption; it asks that this Convention be ratified within the
shortest possible time;

viii. grant an amnesty to conscientious objectors who are serving
prison sentences and release those who refused to perform military
service.

11. Furthermore, the Assembly is expecting rapid progress concerning:

i. the revision of the Code of Criminal Procedure, in accordance with
the standards of the Council of Europe;

ii. improvements to conditions of detention and, in that connection,
the implementation of the recommendations of the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment (CPT);

iii. the developments in the media sector in Armenia: it expects that,
on the basis of the recent amendments to the Law on radio and
television, the composition of the National Broadcasting Commission
will be renewed as soon as possible and that fair conditions for
awarding broadcasting licenses to televisions, in particular to A1+
television channel, will be created;

iv. the excessive length of the period of alternative civilian
service, which has been set at 42 months;

v. the registration of the association of Jehovah’s Witnesses;

vi. the creation of an independent body representing all Armenia’s
religious organisations and communities;

vii. in accordance with Resolution 1374 (2004), paragraph 9.iv, the
end to the practice of administrative detention until the
Administrative Code is amended;

viii. the amendment, no later than March 2005, of the law on
demonstrations and public assemblies to bring it into full conformity
with Council of Europe standards to ensure freedom of assembly in
practice.

12. In the light of the foregoing, the Assembly calls on the Armenian
authorities to continue to take appropriate measures to honour the
remaining obligations and commitments set out in Resolutions 1361
(2004) and 1374 (2004).