‘POLITICAL PRISONER’ TERM WITHDRAWN FROM PACE NEW RESOLUTION

ArmInfo
2009-01-28 13:27:00

ArmInfo. There is no "political prisoner" term in PACE Resolution
1643 adopted on January 27.

"In its Resolution 1620 (2008) on the implementation by Armenia
of Assembly Resolution 1609 (2008), adopted on 25 June 2008, the
Parliamentary Assembly considered that progress had been insufficient,
despite the political will expressed by the Armenian authorities
to address the requirements set up in Resolution 1609. However, the
Assembly is still discontent and deeply concerned about the situation
of the people deprived of their liberty in relation to the events of
1 and 2 March 2008", the message of PACE press service says.

In general, the key points of the new Resolution 1643 are similar
to those adopted on December 17, 2008, in Paris. It says that the
Assembly considers that progress, fixed by the Armenian authorities in
fulfillment of the requirements of the earlier-adopted resolutions, has
been insufficient. In particular, the Assembly says that a significant
number of prosecution cases and convictions was based solely on police
testimony, without substantial corroborating evidence; a very limited
number of charges under Articles 225 and 300 of the Criminal Code of
Armenia has been dropped. The Assembly notes that doubts have been
voiced regarding the nature of the charges brought under Articles 225
and 300 of the Criminal Code, as well as with regard to the legal
proceedings against those convicted in relation to the events of 1
and 2 March 2008, including by the Council of Europe Commissioner
for Human Rights.

With regard to the requirement to ensure an independent, impartial
and credible investigation into the events of 1 and 2 March 2008,
the Assembly welcomes the establishment by the President of Armenia,
on 23 October 2008, of a "fact-finding group of experts to inquire
into the events of 1-2 March 2008", following a proposal by the
Commissioner for Human Rights of the Council of Europe. It equally
welcomes the decision of the opposition to fully participate in
the work of this group. The Assembly welcomes the decision of the
Speaker of the National Assembly of Armenia, of 22 January 2009, to
establish a Working Group within the National Assembly, within a one-
month period, to draft, in co-operation with the relevant bodies of the
Council of Europe (notably the Venice Commission and the Commissioner
for Human Rights) amendments to Articles 225 and 300 of the Criminal
Code of Armenia, in order to address the legal shortcomings in these
articles as noted, inter alia, by the Assembly and the Commissioner for
Human Rights of the Council of Europe, and to bring them in line with
Council of Europe standards. The Assembly also notes the assurances
given by the Speaker of the National Assembly that these amendments
will be adopted and sent to the President for promulgation within
approximately one month after the Working Group has finalised its work.

The Assembly notes that, under the Constitution of Armenia, any
positive changes to the law would be retroactive with respect to
the charges brought against the persons deprived of their liberty in
relation to the events on 1 and 2 March 2008. The Assembly considers
that this initiative of the Speaker of the National Assembly of
Armenia, although belated, is a signal indicating the readiness of the
Armenian authorities to begin to address the concerns of the Assembly
in relation to the situation of the persons deprived of their liberty
in relation to the events of 1 and 2 March 2008.

The Assembly will keep on monitoring further fulfillment of the
Resolutions’ requirements by the Armenian authorities. Moreover, it
offered the Monitoring Commission to consider the progress, fixed by
the Armenian authorities in fulfillment of the requirements of the
present and the previous resolutions, prior to PACE spring session
and provide PACE with the relevant recommendations.