NATIONAL ASSEMBLY AGAIN REVISES CURRENT LAW ON MEETINGS, ASSEMBLIES, RALLIES AND DEMONSTRATIONS
Noyan Tapan
Ma y 19, 2008
YEREVAN, MAY 19, NOYAN TAPAN. The RA National Assembly on May 19
started discussing in the first reading the bill on amendments and
additions to the amended on March 17 RA Law on Conducting Meetings,
Assemblies, Rallies and Demonstrations. The bill was prepared by the NA
speaker Tigran Torosian based on the joint conclusion of the Council
of Europe Venice Commission and the OSCE/ODIHR and the provisions of
the memorandum adopted as a result of joint discussions of the above
mentioned structures and Armenian experts.
The bill, in particular, allows to conduct spontaneous mass public
events, but for a limited period of time – 6 hours. By the bill, any
following mass event regarding the same problem cannot be considered
spontaneous and shall be held in accordance with the procedure
that envisages notification of the mayor’s office. By the bill,
a spontaneous event is a peaceful public event, which has not been
announced beforehand and which requires an immediate response to a
concrete phenomenon or event.
The bill also invalidates the March 17 law’s provision, by which
"in case of mass public events’ turning into mass disorder which
has resulted in deaths, the authorized body – with the aim of
preventing new crimes, and if other preventive means are exhausted
– may temporarily ban the holding of mass public events until the
circumstances of the crime and the criminals are revealed".
Another proposed amendment establishes the right to dispute in court
a decision banning the holding of a mass public event. By the bill,
the court makes a decision within 24 hours. The court’s ruling to
invalidate a decision banning a mass public event takes effect from
the moment of the ruling’s publication.
The chairman of the NA Standing Committee on State and Legal Issues,
head of the Armenian delegation in the PACE David Harutyunian
underlined the importance of bringing the current law into line with
the European Convention on Human Rights and considered it crucial
"to give a civilized form to the law", especially as the Venice
Commission experts have expressed a positive opinion about the bill
under discussion.
"Heritage" faction was against the bill. In the opinion of its members,
the amendments proposed are of cosmetic character and are not aimed
at Armenia’s democratization. In their opinion, it is necessary to
return to the law in force before March 17 and to reject the current
amendments.
The representatives of the factions of the 4 parties forming the
political coalition spoke in support of the bill. At the same time the
newly elected head of ARF faction Vahan Hovhannisian said that the
positive position of their faction is conditioned by the fact that
on March 17 the parliament took "a step backward, and now by taking
half a step or 3/4 of a step", it tries to return to the law in effect
before March 17. In his words, if the indicated step backward had not
been taken, the PACE resolution 1609 about the state of democratic
institutions in Armenia would not have been so strict.