ELECTION COMMISSION FORMATION CONFLICTS WITH CONSTITUTION

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| 12:32:59 | 18-06-2005 | Politics |

The amendments to the Electoral Code did not solve the principal
problem – providing of balance in the election commissions.

“In Armenia the outcome of the election is determined by the
composition of the election commission, since the lion’s share of
the falsifications was committed with the immediate participation of
the election commissions”, chairman of Democracy public organization
Vardan Poghosyan says. In his opinion, with the absence of impartial
and independent election commission it is useless to speak of fair
elections. “The fact that the European structures assisted the Armenian
authorities causes concern. Earlier three members appointed by the
President. Henceforth, according to the amendments one member will
appointed by the President, one – by the Court of Cassations and one –
by People’s deputy faction”, he notes.

The Venice Commission and OSCE Bureau on Human Rights and
Democracy rated the clause according to which judges take part in
the formation of the election commissions as progressive. Vardan
Poghosyan reminded that in 2004 in its intermediate report on the
constitutional amendments the Venice Commission noted, “The fixation of
constitutional guarantees for establishment and activity of independent
and impartial juridical system in Armenia is one of the key problems
of constitutional reform in Armenia.” In V. Poghosyan’s opinion,
it means that that Armenia still lacks independent and impartial
juridical system

According to him, current balance of forces (6+3) remains
unchanged. “When assessing the Azerbaijani Electoral Code the
Venice Commission and the OSCE Bureau on Human Rights and Democracy
pointed out to two circumstances – the commission should be formed
without giving advantage to the power-oriented political forces;
the decisions of the election commissions should be taken by 2/3
votes”, he noted. Contrary to Azerbaijan no demands of the kind
were made for Armenia. In its conclusion the Venice Commission
gave a negative estimate to the amendment according to which the
President of the republic forms all the election commissions. “The
amended Electoral Code does not state clearly whether the President
can decline the appointment of a candidate nominated by apposition
political party. Only this fact is enough not to consider the new
Code to be progressive”, Vardan Poghosyan resumed.

Victoria Abrahamyan