ZHARANGUTIUN CONCERNED WITH SOME PROVISIONS OF ORDER TO CREATE FACT-FINDING GROUP ON MARCH 1 EVENTS

Noyan Tapan
Oct 24, 2008

YEREVAN, OCTOBER 24, NOYAN TAPAN. RA National Assembly factions on the
whole welcome RA President Serzh Sargsyan’s instruction to create a
fact-finding group on the March 1-2 events in Yerevan. Representatives
of the RPA, ARFD, Orinats Yerkir, and Bargavach Hayastan factions
representing the coalition, at the October 24 press briefings,
did not consider it important which parties exactly will nominate
the two experts to be involved in the group at the suggestion of
coalition member parties. They consider that the proposed format,
two persons from the coalition and two from the opposition, as well
as one representative appointed by the RA Ombudsman, will ensure the
principle of balance. It was also considered important that lawyers
not being political or party figures, not employed in the state system
will be involved in the group.

Orinats Yerkir faction head Heghine Bisharian did not exclude that
the consideration of the March 1 case at the PACE January session can
be postponed, as the work of the fact-finding group requires some time.

According to the evaluation of the parliamentary opposition,
Zharangutiun faction, RA President’s instruction is a delayed, yet
necessary and praiseworthy step. Faction head Armen Martirosian
expressed concern with some provisions of the instruction: the
limitation done by subpoint 2, point 5 of the document does not
permit to find out from courts with what motivations the courts
permitted overhearings. There is also a limitation in subpoint 3
of the same point: the fact-finding group can receive documents and
explanations from physical persons in case the latters agree to, it
especially regards first and second RA Presidents Levon Ter-Petrosian
and Robert Kocharian, who are not officials at present. Point 6 of
the instruction, according to which the group can be provided facts
by a physical person or by organization on condition that they are
not publicized, according to Armen Martirosian, "to some extent will
give a possibility for concealment. True, a leakage is possible, but it
cannot be a basis for calling to criminal liability." According to him,
instruction’s point 15, fact-finding group’s members are unchangeable,
is also unintelligible and problematic, and according to the head of
the opposition faction, it is impossible to prove whether any of its
members adheres to a political force or not.