AGHVAN HOVSEPIAN: NO ONE WILL BE SUBJECTED TO CRIMINAL RESPONSIBILITY FOR POLITICAL ORIENTATION OR PARTICIPATION IN RALLIES

Noyan Tapan
March 31, 2008

YEREVAN, MARCH 31, NOYAN TAPAN. Due to the necessity to examine the
legality of the police actions, the investigation of the criminal
case opened in connection with mass disorder in Yerevan has been
given to the special investigation service, the RA prosecutor general
Avghan Hovsepian said at the March 31 meeting with the delegation the
Council of Europe Committee of Ministers Monitoring Ago Group headed by
Swedish ambassador to the CE Per Sjogren. According to a press release,
the prosecutor said that the right of detained and arrested persons
to meet with their relatives has been restricted only with respect
to 21 out of the 102 arrested people – proceeding from interests of
the criminal case. "This restriction has by no means affected their
right to meet with lawyers and human rights defenders.

If necessary, the accused persons have met with their lawyers, there
have been no obstacles," the prosecutor general said. According to him,
the issue of restriction on the arrested people’s meetings with their
close relatives was discussed at the March 28 consultation at the
prosecutor’s office, and after examination of the cases of concrete
persons, a decision was made to remove the restriction on 13 detained
persons’ right to see their relatives.

The right of the remaining 8 detainees is still being discussed, and
it is not ruled out that the restriction will be kept with respect
of 2-3 accused persons, proceeding from interests of the case.

A. Hovsepian pointed out that the investigative body is interested
in completing the investigation as quickly as possible, without
having any negative impact on the criminal case’s comprehensiveness
and objectivity.

Within a week the criminal cases of about 30 accused persons will
go to court, and during public trials, the public will have the
opportunity to get acquainted with the evidence of the criminal
case. The prosecutor general assured the delegation that charges have
been brought only for criminal actions and no one will be subjected
to criminal responsibility for political orientation or participation
in rallies.

On the same day the AGO Group delegation met with the RA minister of
justice Gevorg Danielian, who expressed a willingness to discuss in
detail the conclusion of the Venice Commission regarding the RA Law
on Making Amendments and Additions to the Law on Holding Meetings,
Rallies, Processions and Demonstrations. Accordng to a press release,
it was stated that the indicated law has no provision which is unknown
in the legislation of European Union member states. Moreover, some
milder procedures restricting the freedom of peaceful meetings have
been chosen – as compared with those in the national legislation of
the same countries.

The EU delegation was also informed that "the authorities are
prepared for unconditional political dialog, even in the case when
some opposition political forces definitely reject political dialog,
deny impartiality of the observer mission of international structures
and in general display distrust and at attitude of denial".