ARMENIA FACING THE CROSSWAY
Lilit Poghosyan

Hayots Ashkhar Daily
Published on April 02, 2008

Fall Or Abrupt Upgrade

The delegates of Ago Monitoring Group of the Council of Europe
Ministers’ Committee met with the representatives of the parliamentary
factions, members of Armenian delegation of the Parliamentary Assembly
of the Council of Europe and the Speaker of the National Assembly
Tigran Torosyan.

What task does Ago group set to our legislative bodies? To what extent
is the package of proposals consisting of 6 points, with which the
European high-ranking officials hope to mitigate the tensed situation
created after March 1 events, acceptable for us.

Below we introduce the clarifications of the Head of PACE delegation,
Head of the Committee on Legal Affairs Davit Harutyunyan.

"During the meeting we touched upon the 6 proposals, introduced to
the countries. But there are certain issues, typical of parliamentary
work. In this context we discussed certain issues, particularly the
issue of our cooperation with the Council of Europe, as well as issues
concerning the preliminary expert conclusions regarding the bills. We
attached special importance to the opinion of the Venice Committee
regarding the amendments in the law on "Rallies, Demonstrations,
and Gatherings". Ago group insisted on discussing that issue.

The next important issue is the dialogue, the dialogue between the
political powers. In this regard the members of the delegation welcomed
the proposals made by the President elect. The conversation is not
only about the formation of coalition government. We specifically
underscored that not all the political powers are ready to participate
in the formation of the executive power and it is natural.

Moreover opposition doesn’t always agree to form part of government and
the second proposal made by the President elect is much more important
– which is – to form a political agenda and jointly discuss all the
issues faced by the country. Fatal issues, such as the organization of
the election process, the accomplishment of an independent judiciary,
Mass Media, freedom of speech, etc.

We came to an agreement that the cooperation around the before
mentioned issues is one of the most serious factors, which can provide
an opportunity for the country’s development. One thing is evident –
the situation is unique, it is, we can say critical, and we haven’t
yet overcome this crisis. But another thing is that this situation
can’t last long. This is our opinion and Ago group agreed that there
are two options for Armenia – fall or abrupt rise. And I really expect
that we will overcome this situation with a bigger potential."

"Did they specify any time limits for the review of the amendments
of the law on "Rallies, Demonstrations, and Gatherings?"

"No time limits have been specified. However, in my opinion, the
issue is urgent."

"What does Venice Committee propose – to return to the preliminary
version of the law?"

"The thing is, the right on rallies, demonstrations and gatherings
is considered one of the most important rights, and the restrictions
must comply with the international standards. Of course there are
restrictions in all the countries, and each country envisages certain
legal mechanisms, but the Council of Europe and Europe in general
are trying to form so-called universal standards.

The European Court has many times touched upon these restrictions and
distinguished by their decision, which restrictions are substantiated
and which invasive, that is to say "invading" in the sphere of
human rights.

In this respect the restrictions envisaged in the law must be of
extreme indispensability and moderate. Which means, when elaborating
similar bills the principles of indispensability and moderation
must prevail.

It is evident that the preliminary version of the law didn’t shoulder
any responsibility for many issues and of course, sooner or later the
parliament must have touched upon this issue. In my view it is a chance
to correct our legal field, to envisage more moderate restrictions,
and meanwhile working mechanisms, which will avert any disorders."

"During the discussion did Ago group clarify what they mean by speaking
about the necessity to conduct an independent "national investigation"
of the March 1 tragic events?"

"In my view this issue needs additional discussion. Similar mechanisms
are well known in accomplished democratic countries. But will those
mechanisms, especially the parliamentary investigation insure public
trust in our reality. I’m not sure. In my opinion we should observe
the issue on another plane. Which is the goal? If the thing is in the
public trust, then we must find the mechanisms, which will insure this
trust. We can’t take the model of another country and artificially
make it ours."