Armenia: PACE Monitoring Committee remains concerned about the limited
progress with regard to the implementation of Resolutions 1609 and 1620

Strasbourg, 02.10.2008 – The Monitoring Committee of the Parliamentary
Assembly of the Council of Europe (PACE) has received the report from
the Human Rights Commissioner regarding his visit to Yerevan from 13 to
15 July 2008 and is extremely alarmed about its findings and conclusions
that show that only limited progress has been achieved regarding key
demands of the Assembly. The committee therefore invited the Human
Rights Commissioner to return to Yerevan and report back to the
committee at its meeting in Paris on 17 December 2008.

While noting the positive steps made regarding establishment of an
independent and credible inquiry, the Monitoring Committee remains
extremely concerned regarding persons deprived of their liberty in
relation to the events on 1 and 2 March 2008.

In Resolution 1620 (2008), the Assembly made it clear that "the cases
still under investigation should be closed or promptly brought before
the courts"; "a verdict based solely on police testimony without
corroborating evidence cannot be acceptable" and that "the cases under
Articles 300 and 225 of the Criminal Code should be dropped unless there
is strong evidence that the accused have personally committed acts of
violence or ordered, abetted or assisted to commit them".

In that respect, the committee took note that, while the investigations
regarding persons in preventive detention have now closed, the cases
against seven, all charged under articles 300 and 225, have not yet been
brought before the courts as a result of the excessive length of the
investigation. In addition, the committee is deeply concerned that the
investigations regarding the responsibility for the ten deaths on 1 and
2 March have not yet been, or are not yet on the point of being,
concluded.

Serious questions remain regarding the nature of the charges brought
against people arrested in relation to the events on 1 and 2 March, as
well as regarding the court proceedings of several cases, including with
regard to the principle of a fair trial. In addition, and contrary to
Assembly demands, 19 persons have been convicted on the basis of police
testimony only. The committee is therefore seriously concerned that
people may have been detained, and even convicted, based on political
beliefs and non-violent activities, which is unacceptable to the
Assembly.

The committee regrets that the Armenian authorities did not consider the
possibility of amnesty, pardons, or any other legal means available to
them, to resolve the situation regarding persons deprived of their
liberty in relation to the events on 1 and 2 March 2008. It strongly
urges the authorities to consider such options, which would result in
major progress towards meeting the requirements of the Assembly.

The committee noted the positive steps regarding the establishment of an
independent and credible inquiry as outlined in the report by the
Commissioner. The committee expresses its full support for the proposals
made by the Commissioner. It welcomes the constructive dialogue between
the Armenian authorities and Commissioner on this issue and hopes that
the remaining outstanding issues will be resolved soon in order for the
expert group to start and finalise its work as soon as possible.

The committee is of the view that Armenia is on a threshold regarding
the implementation of Resolutions 1609 (2008) and 1620 (2008). Now is
the time for the Armenian authorities to show the political will to
resolve this problem. The committee places its full trust in, and gives
its full support for the work of the Human Rights Commissioner in this
respect. Therefore, it would invite the Commissioner to make a follow-up
visit to Yerevan and to report back to the committee at its meeting on
17 December 2008 on the progress made regarding the independent and
credible inquiry and release of persons deprived of their liberty in
relation to the events on 1 and 2 March. In December, on the basis of
that report, the committee will make its decision on the actions, and
possible sanctions, it will recommend to the plenary of the Assembly in
January 2009.
From: Baghdasarian