COUNCIL OF EUROPE COMMISSIONER ENDS MISSION IN ARMENIA
By Karine Kalantarian

Radio Liberty, Czech rep.
Oct 11 2007

Council of Europe (CE) Commissioner for Human Rights Thomas Hammarberg
completed his five-day fact-finding mission in Armenia on Thursday,
concluding that his preliminary information about the human rights
situation in the country "corresponded to the impressions he got
while on this visit."

Hammarberg, who has held various meetings with Armenian officials,
as well as visited some residents of makeshift lodgings in the
earthquake area and prisoners, pointed out some problems pertaining
to legislation. He urged Armenia’s authorities to ensure that the
country’s amended constitution and new judicial legislation should have
practical application "to promote an effective and fair judiciary."

"There are also problems of a social character which need to be
addressed," he added.

The CE commissioner on Wednesday also met with Zhirayr Sefilian,
Vartan Malkhasian and Arman Babajanian, who were convicted and
jailed under different penal code articles in criminal cases that
many believe were persecution for their political views.

Hammarberg found it difficult to say with confidence whether fair
verdicts had been passed on the prisoners he met, but added that
"there is a need to look into their cases to secure that they got a
fair treatment."

Editor of the opposition "Zhamanak Yerevan" newspaper Arman Babajanian,
who is currently serving a 3.5-year prison term for forging documents
to evade compulsory military service, confirmed having a meeting with
Hammarberg in a telephone conversation with RFE/RL.

"Mr. Hammarberg was quite well informed on the whole process and
regards my case in the context of the general human rights situation
in Armenia," Babajanian said, adding that the CE commissioner had
promised him to raise the issue during his meeting with Armenia’s
prime minister and prosecutor general.

Issues related to Armenia’s law on exemption from compulsory military
service will also be covered by Hammarberg’s human rights situation
report which the commissioner is going to submit to the Council of
Europe Committee of Ministers early next year. One of the points of
the law envisages exemption of certain draft-dodgers from criminal
prosecution in exchange for paying a state duty. Babajanian claims he
was denied the application of the law in his case, which he thinks
he was eligible for. He also asserts that the parole committee’s
rejection of his application for early release was groundless.

"I don’t cherish great hopes that I will be paroled in this
pre-election period. It is clear that the authorities are growing more
and more concerned over the new political realities and processes,"
Babajanian said.

Hammarberg confirmed that he was informed of article 301 of Armenia’s
Criminal Code which envisages criminal prosecution for public calls for
a violent overthrow of government and was controversially used against
prominent Karabakh war veterans Vartan Malkhasian and Zhirayr Sefilian.

"This sounds like an issue that we should explore," Hammarberg
concluded.