Commissioner Hammarberg calls on the Armenian government to lift
emergency measures, ensure media freedom and initiate an impartial
investigation into recent violent acts
Strasbourg 18.03.2008 – "The State of Emergency should be lifted in
Armenia and an independent, impartial and transparent inquiry initiated
to clarify what actually happened during the confrontations in Yerevan
between the police and opposition demonstrators on 1 March", said
Council of Europe Commissioner on Human Rights Thomas Hammarberg after a
three-day visit to Armenia.
He held discussions with the President, the Prime Minister and
President-elect, the Foreign Minister, the Minister of Justice, the
Prosecutor General and the Head of Police. He also met the President of
the National Assembly, representatives of political parties including
those in opposition and had a separate meeting with former President and
presidential candidate Ter-Petrosian.
Commissioner Hammarberg visited places of detention and interviewed
persons recently arrested. Furthermore, he visited hospitals and met
policemen and civilians who had been injured during the violence on 1
March. He also met with the National Human Rights Defender (ombudsman),
defence lawyers, representatives of the media, non-governmental
organisations as well as foreign diplomats and representatives of
international and regional organizations in Yerevan.
"The censorship which was introduced with the state of emergency has
contributed to rumours and anxiety among the population about what was
happening, at a time when measures to rebuild trust should have been
promoted. The fact that some pro-government media tended to demonise the
opposition while opposition papers were out of circulation did not
contribute to a constructive atmosphere", said Thomas Hammarberg. He
suggested that all limitations on the media and freedom of expression
now be lifted.
"Seven civilians and one policeman were killed and many others were
injured. There is a need to clarify what actually happened and what
provoked the outbreak of violence. The two sides describe the events
very differently and it is important, also in a human rights
perspective, to establish the basic facts. This can only be done through
a comprehensive inquiry which is independent, impartial and transparent
and perceived as credible by the whole population."
"Such an investigation should also aim at drawing lessons and giving
recommendations on how similar situations should be handled in future.
For instance, it seems clear that the Armenian police needs more
training in acceptable riot control measures, serious mistakes were
made."
"The establishment of an inquiry of this kind will not be easy in the
present polarised climate in Armenia. The international community has
expressed its willingness to offer participation or other assistance to
such a comprehensive investigation into the 1 March events in order to
contribute experience, professionalism and credibility".
"Demonstrators who committed violent acts should be held accountable, as
should policemen who used excessive force. However, the arrests and
prosecutions should not target people for having merely been present at
the demonstrations or expressed anti-government opinions. The
Commissioner also calls for the release of all apprehended children
under 18 years in this connection.
It appears that some articles of the Criminal Code are interpreted
broadly by the prosecutors, banning in practice all strong criticism and
agitation against the government. This is not consistent with the
European Convention for the Protection of Human Rights and Fundamental
Freedoms."
Commissioner Hammarberg also stressed the importance of preventing any
improper treatment of those arrested. There were cases after 1 March
when the detainees had difficulties to contact family members and to
have access to a lawyer. Also, the registration of their arrest was not
done in accordance with national rules in some instances.
The Commissioner was also told about cases of ill-treatment during
arrests and in a few cases during transport to the police station. He
welcomes the decision of the Prosecutor General to investigate ex
officio all acts of violence committed by police forces against
demonstrators and passing civilians on 1 March. The Commissioner
underlines the absolute importance of ensuring respect for agreed
safeguards against torture and ill-treatment as well as the procedural
rights of the accused.
The Commissioner welcomed the statement by the President that the
current human rights restrictions would be gradually reviewed and
lifted. He stressed the importance of now bringing the state of
emergency to an end.
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