RESOLUTION 1643 (2009)
A1+
[06:47 pm] 27 January, 2009
The implementation by Armenia of Assembly Resolutions 1609 (2008)
and 1620 (2008)
1. 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 (2008), adopted on
17 April 2008, following the crisis that ensued after the presidential
election of February 2008. The Assembly therefore addressed a series of
concrete demands to the Armenian authorities and resolved to consider
the possibility of suspending the voting rights of the members of the
Armenian parliamentary delegation to the Assembly at its January 2009
part-session, if the requirements set up in Resolutions 1609 and 1620
were not met by then.
2. 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.
3. The Assembly stresses, however, that it is the manner in which
this group will conduct its work, as well as the access it will have
to information by the relevant state institutions at all levels,
that will ultimately determine its credibility in the eyes of the
Armenian public. The Assembly therefore:
3.1. calls upon all political forces to refrain from politicising,
or interfering in, the work of this fact-finding group;
3.2. calls upon the Armenian authorities to ensure that the
fact-finding group will be given the fullest possible co-operation by,
and full access to information from, all state bodies and officials,
without exception, including those officials that have left office
or have been replaced since the events on 1 and 2 March 2008; the
fact-finding group should be allowed to obtain any clarification
needed with regard to the arrest, prosecution and conviction of
persons related to the events on 1 and 2 March 2008.
4. The Assembly regrets that, until the last moment, only limited
progress was made by the Armenian authorities with regard to its
earlier demands, as expressed in Resolutions 1609 (2008) and 1620
(2008), concerning the release of persons deprived of their liberty in
relation to the events of 1 and 2 March 2008. It notes in particular
that, contrary to Assembly demands:
4.1. a significant number of prosecution cases and convictions was
based solely on police testimony, without substantial corroborating
evidence;
4.2. a very limited number of charges under Articles 225 and 300 of
the Criminal Code of Armenia has been dropped.
5. 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. The Assembly
therefore considers that, under such conditions, the charges against a
significant number of persons, especially those charged under Articles
225-3 and 300 of the Criminal Code and those based solely on police
evidence, could have been politically motivated. The Assembly is
seriously concerned about the implications of this situation if
left unaddressed.
6. 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.
7. 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.
8. The Assembly welcomes the increasing number of pardons, 28 to date,
that have been granted by the President of Armenia and notes that
more are under consideration. The Assembly expresses its expectation
that this process will continue unabated. It regrets however that the
authorities have not so far availed themselves of the possibility to
use all other legal means available to them, such as amnesty, pardons
or the dropping of charges, to release those who were deprived of
their liberty in relation to the events of 1 and 2 March 2008 and
did not personally commit acts of violence or intentionally order,
abet or assist the committing of such acts. It therefore urges the
authorities to consider favourably further opportunities to this end.
9. In these circumstances, the Assembly will continue assessing the
political will of the Armenian authorities to resolve the issue of
persons detained in relation to the events on 1 and 2 March 2008,
in line with earlier Assembly demands.
10. The Assembly expresses its satisfaction with respect to the efforts
made by the Armenian authorities to initiate reforms in several other
areas, as demanded by the Assembly, in particular in the fields of
media, electoral legislation and the judiciary, and calls upon the
authorities to pursue the co-operation developed with the relevant
Council of Europe bodies in these fields. With respect in particular
to media pluralism and freedom, the Assembly:
10.1. welcomes the proposals made with a view to ensuring the
independence of the media regulatory bodies in Armenia and calls upon
the authorities to fully implement the forthcoming recommendations
of the Council of Europe experts in this regard;
10.2. takes note of the adoption of amendments to the Law on Television
and Radio that cancels all tenders for broadcasting frequencies
until 2010, when the introduction of digital broadcasting in Armenia
will have been completed. Without pre-empting the merits of this
decision, the Assembly underlines that the technical requirements
for the introduction of digital broadcasting should not be used by
the authorities to unduly delay the holding of an open, fair and
transparent tender for broadcasting licences, as demanded by the
Assembly.
11. Notwithstanding the recent positive development in this area,
the Assembly remains dissatisfied with, and seriously concerned by,
the situation of persons deprived of their liberty in relation to
the events of 1 and 2 March 2008 and who may have been charged and
imprisoned for political motivations. Nevertheless, it considers that
the recent initiative of the National Assembly to revise articles 225
and 300 of the Criminal Code in accordance with Council of Europe
standards, the number of pardons granted, as well as the positive
steps taken towards the establishment of an independent, transparent
and credible inquiry, should be seen as an indication of the readiness
of the Armenian authorities to address the demands of the Assembly
contained in Resolutions 1609 (2008) and 1620 (2008). Therefore, the
Assembly decides, at this stage, not to suspend the voting rights of
the members of the Armenian parliamentary delegation to the Assembly,
under Rule 9, paragraphs 3 and 4.c, of the Rules of Procedure. It
decides to remain seized of the matter and invites its Monitoring
Committee, at its next meeting, before the April 2009 part-session,
to examine the progress achieved by the Armenian authorities with
regard to the implementation of this and the previous Resolutions and
to propose any further action to be taken by the Assembly as required
by the situation. ________________________________________
1 Assembly debate on 27 January 2009 (3rd Sitting) (see Doc. 11786,
report of the Committee on the Honouring of Obligations and Commitments
by Member States of the Council of Europe (Monitoring Committee),
co-rapporteurs: Mr Colombier and Mr Prescott, and Doc. 11799, opinion
of the Committee on Rules of Procedure and Immunities, rapporteur:
Mr Greenway). Text adopted by the Assembly on 27 January 2009
(3rd Sitting).
From: Emil Lazarian | Ararat NewsPress
