A1Plus
13:46:46 | 25-04-2005 | Official |

ARMENIA MUST FOLLOWS THE GAME RULES

Here is the letter of the Helsinki Association to the EU.

Once again Helsinki Association is drawing Your attention to the neglection
of the Armenian authorities to comply with its obligations taken both before
the Council of Europe, and set out in Resolutions 1361, 1374 and 1405 of the
PACE. {BR}
Though the terms for implementation of the obligations in the fields of
human rights and fundamental freedoms have expired, no tangible changes have
occurred. Statements made by the Armenian authorities about the reforms
carried out as demanded by the international community are fictitious as
they are mostly incompliant to the international standards. Requirements of
the expert commissions to revise them have been totally disregarded.
Moreover, Armenia is on the move towards a military-police state.
In 2004 a law “On Alternative Service” took force, which doesn’t correspond
to the international standards. The authorities ignored the requirements
laid down in Resolutions 1361 (p. 22, 23) and 1405 (p.10/viii) on
introducing amendments to the law and granting an amnesty to persons
imprisoned for conscientious objection to military service. After adoption
of the law eighteen persons have been convicted under criminal charges for
“evasion of a regular call-up to time-fixed military service”, other five
are detained pending trial. In December 2004 twenty-one Jehovah Witnesses
expressed their willingness to do an alternative service, but conditions for
its performance do not correspond to the standards adopted by the democratic
community. Presently, Jehovah Witnesses refuse to do an alternative service
under such conditions, which will inevitably generate new prosecution.
The authorities of Armenia are in direct or indirect control of the entire
broadcasting media of the republic. Resolutions 1361 (p.19), 1374 (p.9/vi)
and 1405 (p. 11/iii) require the Armenian authorities to provide pluralism
in audiovisual media, while the National Commission for Television and Radio
(NCTR) must create fair conditions for awarding broadcasting licenses to TV
and radio companies uncontrolled by the authorities. Since 2002 the NCTR has
held eight competitions granting broadcasting licenses to pro-governmental
broadcasting media only. Moreover, it’s been officially announced about the
impossibility to hold new competitions in the nearest future due to an
absence of vacant frequencies. At the same time the Armenian law “On TV and
Radio Broadcast” stipulates that the list of vacant frequencies be
announced – a thing that has never been done since the law took effect.
Despite of the PACE demands, A1+ television channel, which has been closed
down since April 2002, hasn’t been granted a broadcasting license.
Though Resolutions 1361(p.15) ? 1405 (p.11/ viii) urge the Armenian
authorities to adopt not later than March 2005 a law on demonstrations and
public meetings in full compliance with Council of Europe principles and
standards, the Armenian authorities hasn’t met the obligation. Members of
the Venice Commission have failed to reach an agreement with the leadership
of the republic over basic principles of the new law, which touch upon human
rights and fundamental freedoms.
Among the unsolved issues are: independence of the judiciary, illegal
administrative detention, improving prison system, use of torture during
police investigation, violation of the rights of citizens during a military
call-up as well as of military servants. We believe that one of the reasons
for non-resolution of these and other issues is also non-objectivity of the
Head of the PACE monitoring group on Armenia, Mr. Jerzy Jaskiernia.
Helsinki Association considers as necessary:
-to change the composition of the PACE monitoring group on Armenia;
-to send independent experts to the republic to find out if vacant TV and
radio frequencies are available;
-to give an expert opinion of the legislation of the Republic of Armenia
related to human rights and fundamental freedoms;
-to consider a possibility of imposing sanctions on the Republic of Armenia
up to its suspension from the CE membership until it meets all the
obligations taken both upon accession to the Council of Europe and mentioned
in Resolutions of the PACE;
Helsinki Association is again expressing its readiness to cooperate in this
direction with all the concerned bodies and structures of the Council of
Europe.