International Helsinki Federation for Human Rights

“Human Rights in the OSCE Region:
Europe, Central Asia and North America, Report 2005
(Events of 2004)”

Severe Human Rights Problems Plague the OSCE Region

Vienna, 27 June 2005 — The International Helsinki Federation for
Human Rights (IHF) today presented its 2005 “Annual Report”
entitled Human Rights in the OSCE Region: Europe, Central Asia and
North America, Report 2005 (Events of 2004). The 510-page report
covers main human rights developments in 38 member states of the
Organization for Security and Co-operation in Europe (OSCE) in the
calendar year 2004.

Of the 38 countries reviewed in the Report – 24 of which are
former socialist states, 13 established western democracies, and
Turkey – over 70% had problems with freedom of expression, free
media and access to information. The same proportion violated the
right to asylum or other rights of refugees and migrants, and in over
60% the judicial system fell short of international standards for
independence of the judiciary and the right to a fair trial. Reports
of police brutality or other police misconduct were received from
almost 80% of the countries under scrutiny, in at least 10 of which
part of such practices constituted torture. Conditions in prisons and
detention facilities – particularly overcrowding – give rise
to concern in 28 countries covered by the report.

Anti-terrorism measures curtailed many basic rights throughout the
region, and anti-Semitism, Islamophobia and other forms of
intolerance appeared to be on the rise. Intolerant and xenophobic
attitudes became more common in mainstream political discourse,
particularly during pre-election debates.

The IHF Report deals, inter alia, with the following issues:

Freedom of Expression and the Media:
Anti-Terrorism Measures:
Judiciary and the Right to a Fair Trial:
Torture, Ill-Treatment and Other Police Misconduct:
Minority Rights, Racism, Intolerance, and Xenophobia:
In addition to these issues, the Report covers, among other things,
the following topics: violations of international standards for free
and fair elections; right to peaceful assembly and freedom of
associations; freedom of religion and religious tolerance; violations
of humanitarian law and accountability; attacks on human rights
defenders; and the rights of asylum seekers.

The report and a 12-page summary are available from the IHF
Secretariat. The report is also posted at:
;d_id=4057 .

Issues Relating To Armenia

National Human Rights Protection and Human Rights Defenders:

While adequate human rights legislation and institutions were in
place in most OSCE countries in 2004, these formal protections were
often not implemented in practice. The problem was coupled with the
lack of independent courts to deal with alleged human rights
violations. In addition, in some countries, even human rights
ombudspersons did not genuinely seek to assist the victims of human
rights violations or to promote human rights (e.g. in Armenia,
Azerbaijan and Macedonia).

Free, Fair and Democratic Elections:

The 2003 presidential elections in Armenia and Azerbaijan, both of
which were characterized by numerous irregularities, had their
aftermath in 2004. The Armenian government failed to implement a
Constitutional Court ruling requiring a referendum on confidence in
the president and carried out large-scale persecution of political
opponents who demanded a referendum. In Azerbaijan, the impunity for
perpetrators of the 2003 election fraud inspired new violations
during the December 2004 municipal elections.

Freedom of Expression, Free Media and Information:

Openly expressed political opposition to government resulted in
prosecutions in numerous OSCE states in 2004, including Armenia,
Azerbaijan, Belarus, Kazakhstan, Tajikistan and Turkmenistan. In
Georgia, the diversity of the media narrowed significantly soon after
President Shakaasvili took office as most formerly critical media
outlets became closely linked to the new government.

The free circulation of information was obstructed in indirect ways
in numerous countries, including Albania, Armenia, Azerbaijan,
Belarus, Kazakhstan, Kyrgyzstan, Moldova, Poland, Russia, Serbia and
Montenegro, Tajikistan, Turkey, Ukraine, Uzbekistan, etc.

In many countries, the government continued to exercise control over
national broadcast media despite steps taken to turn them into
publicly controlled media (e.g. in Armenia, Azerbaijan,
Bosnia-Herzegovina, Italy, Moldova

Defamation suits against political opponents and critical journalists
and media outlets were common techniques to silence criticism.
Criminal defamation provision were still in force inter alia in
Albania, Armenia, Azerbaijan, Belarus, Croatia, Italy, Ireland,
Kazakhstan, Kyrgyzstan, Montenegro, Moldova, Romania.

Attempts to revel journalistic sources as well as limiting access to
information were common methods used by authorities against
investigative and critical journalism (e.g. in Albania, Armenia,
Azerbaijan, Belgium, Belarus, Moldova, Poland).

Peaceful Assembly and Freedom of Association:

The right to peaceful assembly was violated inter alia in Albania,
Armenia, Azerbaijan, Belarus, Bulgaria, Georgia, Hungary, Kyrgyzstan,
Poland, Russian Federation, Turkey, Ukraine, and Uzbekistan.

In the aftermath of the 2003 election fraud, mass protests took place
in Armenia in April 2004. These protests were dispersed by the
police, who used excessive force, leaving hundreds of people injured.
The new law on assemblies that was adopted in the country during the
year did not follow the recommendations of the OSCE and the Council
of Europe Venice Commission, and remained overly restrictive.

Independence of the Judiciary and Right to a Fair Trial:

While most former socialist states have undergone a judicial reform,
the old legacy still persists in many countries, particularly in
the Central Asian OSCE states, as well as in Armenia, Azerbaijan,
Moldova, Russia and Ukraine. Of particular concern was the lack of
independence of the judiciary from the executive branch, political
parties and governmental authorities/presidency, corruption, and
poor professional training of judicial professionals (e.g in Armenia,
Azerbaijan, Kyrgyzstan, Macedonia, Serbia, Tajikistan, Turkmenistan,
and Uzbekistan

All the above-mentioned problems contributed to low public confidence
in courts. In Armenia, only 2% of people trusted courts. In the first
half of 2004, only one person standing trial was acquitted, a trend
following from previous years when the maximum number of acquittals
was ten per year (of a total number of about 5,500 cases).

Torture, Ill-Treatment and Police Misconduct:

Human rights defenders in Armenia estimated that 60% of all arrested
persons were ill-treated, with the absolute peak of abuse occurring
during the April mass demonstrations.