YEREVAN PRESS CLUB WEEKLY NEWSLETTER
SEPTEMBER 3-10, 2009
HIGHLIGHTS:
REGIONAL TV COMPANIES EXPRESS CONCERN REGARDING BROADCASTING DIGITALIZATION
FOI CENTER CONTESTS THE CONSTITUTIONALITY OF TWO ARTICLES OF ADMINISTRATIVE
PROCEDURE CODE
RA NATIONAL ASSEMBLY DEFINED THE NEW ORDER OF JOURNALISTS ACCREDITATION
"A1+" FOUNDER ADDRESSED TO THE CONSTITUTIONAL COURT
CHIEF EDITOR OF "ZHAMANAK" RELEASED ON PAROLE
CHRONICLE OF AUGUST
SUITS AGAINST PARTIES FOR NON-GRANTING INFORMATION
RA GOVERNMENT DID NOT APPROVE THE AMENDMENTS TO THE LAW ON "MASS
COMMUNICATION"
NEW CO-OWNER OF "HAY TV"
ANNIVERSARIES OF "ARAVOT" AND "SEVAN" NEWSPAPERS
REGIONAL TV COMPANIES EXPRESS CONCERN REGARDING BROADCASTING DIGITALIZATION
On September 2 Internews Media Support public organization and Center for
Information Law and Policy addressed a letter to Nerses Yeritsian, Chairman
of the Interdepartmental Commission on TV and Radio Digitalization in
Armenia, RA Minister of Economics. The amendment to the RA Law "On
Television and Radio" of September 10, 2008, introducing a moratorium on
holding broadcast licensing competitions till July 20, 2010, has created "an
atmosphere of ambiguity" for regional TV companies, the letter stressed.
First of all it refers to the expected transition from analog to digital
broadcasting in Armenia. The issue was covered by heads of regional TV
companies during several round tables administered by Internews and the
Center for Information Law and Policy.
The letter to Nerses Yeritsian was attended by the call of 13 regional TV
companies, asking to envisage a different approach in the program of
digitalization for regional and Yerevan broadcasters. The concern of
regional TV companies is firstly conditioned by the fact whether they will
be able to ensure all the requirements of broadcast digitalization while
having insufficient technical equipment and financial means. Besides, the
call emphasized the necessity of publicity, transparency of the process of
broadcast digitalization program elaboration, which will allow the regional
TV companies to be better informed and overcome beforehand the related
issues. The TV companies noted about the Recommendation Rec (2003)9 of the
Committee of Ministers of the Council of Europe "On Measures to Promote the
Democratic and Social Contribution of Digital Broadcasting". The
Recommendation stresses the necessity of public discussion, as well as the
participation of interested parties in the development of national strategy
of digitalization, aiming to minimize probable negative consequences. In
conclusion, the regional TV companies expressed their readiness to attend to
the drafting of the program on turning to digital broadcasting.
FOI CENTER CONTESTS THE CONSTITUTIONALITY OF TWO ARTICLES OF ADMINISTRATIVE
PROCEDURE CODE
On September 9 Center of Freedom of Information addressed to the RA
Constitutional Court contesting the compliance of some provisions of the RA
Administrative Procedure Code with the Main Law. Namely, it concerns
Articles 151 ("The Order of Examination of Cases on Bringing to Justice")
and 152 ("Requirements to Applications for Bringing to Justice") of the
Code. According to FOI Center, the reason for filing the Constitutional
Court became the inconsistent application of Articles by the judges while
examining cases on violations of information right.
RA NATIONAL ASSEMBLY DEFINED THE NEW ORDER OF JOURNALISTS ACCREDITATION
On August 21 a new Order of Journalists’ Accreditation in RA National
Assembly was defined by the Decree of Parliament Speaker Hovik Abrahamian. A
number of provisions of the Order cannot but raise concern. Likewise, Points
10 and 11 of the Order set forth the conditions of media accreditation,
including the print media circulation, level of attendance of online
publications and the frequency of their update, existence of regional and
foreign TV companies reporting missions in Yerevan, etc. Even though such
requirements do not contradict the Law "On Mass Communication", at the same
time they considerably hinder the coverage of the parliament activities and
are groundless from the aspect of efficient journalistic work. Point 21 of
the Order, stipulating the access of journalists by accreditation identities
only during sessions of the National Assembly and the Standing Commissions,
briefings, press conferences, parliament hearings, as well as other events
announced by the NA press service, does not contradict the letter of law
either. Nevertheless, the parliament is a permanent legislative body,
functioning at the expense of state budget, hence, such a provision
basically converges the possibility to cover the activities of deputies.
Some conditions of anticipatory suspension of the accreditation also raise
concern. In particular, the deprivation of accreditation if the journalist
"has diffused untrue information about the National Assembly or the
activities of the staff, affirmed by a court decision" (Subpoint "c" of
Point 18) seems to be an excessive and groundless punishment. Notably this
concerns the deprivation of the right of accrediting the media outlet whose
representative has violated the aforesaid Subpoint. Point 23 of the Order on
the responsibilities of journalists is also inappropriate. Specifically,
this refers to provisions, binding the journalists "to respect the legal
interests, the honor and dignity of the deputies and the National Assembly
staff members" during the accomplishment of their professional activities
(Subpoint "a"), and not to impede the realization of official duties of the
deputies, staff members and other persons present at the sessions (Subpoint
"b"). The rights and the interests of the abovementioned persons, listed in
Point 23, are already protected by the national legislation. Thus, the
content of accreditation order has to be limited, in general, by the
description of technical procedures and specific work conditions.
"A1+" FOUNDER ADDRESSED TO THE CONSTITUTIONAL COURT
On August 19 the founder of "A1+" TV company, "Meltex" LLC, addressed to RA
Constitutional Court contravening the compliance of Point 1 of Article
204’28 of the RA Civil Procedure Code ("The Competences of the Court in Case
of Revision") with the Main Law. The abovementioned Point enables the court
to confirm the previous judgment on a case without securing the filed suit
on reconsideration in case of new circumstances. As it has been reported,
namely this provision made ground for the RA Court of Cassation who declined
on February 19, 2009 the application of "Meltex" LLC, regarding the
reconsideration of the two rulings of the Court of Cassation of February 27
and April 23, 2004 on suits of "A1+" founder versus National Commission on
Television and Radio (see YPC Weekly Newsletter, February 13-19, 2009). A
new circumstance in the case became the judgment of the European Court of
Human Rights of June 17, 2008, recognizing the refusals to grant "A1+"
founder a broadcast license to be a violation of the Article 10 of the
European Convention for the Protection of Human Rights and Fundamental
Freedoms, i.e., of the right of the applicant to freely impart information
and ideas.
According to the information placed on the RA Constitutional Court web site,
the hearings on the application of "A1+" founder are appointed on December
15, 2009.
It should be also noted that on September 15-16 at the session of the
Committee of Ministers of the Council of Europe it is envisaged to discuss
the issue of fulfilling the ruling of the European Court of Human Rights on
the suit of "A1+" by Armenia.
CHIEF EDITOR OF "ZHAMANAK" RELEASED ON PAROLE
On August 4, according to the decision of the Committee on Early Release,
Arman Babajanian, Chief Editor of "Zhamanak" daily, was released on parole.
As it has been reported, Arman Babajanian was sentenced to 3.5 years of
imprisonment for document fraud to avoid compulsory military service. Head
of "Zhamanak" was released due to his health condition deterioration (see
YPC Weekly Newsletter, July 17-23, 2009). Arman Babajanian had a
neurosurgical surgery in one of the hospitals abroad. He continues treatment
in present.
CHRONICLE OF AUGUST
On August 6 in Gyumri the police impeded the activities of picture crew of
"Shant" TV channel of Gyumri who had arrived to cover the civilian protest
action at municipality building. The policemen led by the Head of Police
Department of Gyumri Shirak Shahnazarian took away the camera and moved it
to a place from where it was impossible to shoot. On the same day "Shant" TV
channel of Yerevan reported about the Gyumri incident on the evening edition
of its newscast "Horizon". On August 11 Levon Barseghian, Board Chairman of
"Asparez" Journalist’s Club of Gyumri, addressed to the RA Prosecutor’s
Office with a communication about a crime. As Levon Barseghian told YPC, the
Prosecutor’s Office has informed that the communication was directed to the
RA Special Investigative Service.
On August 16 free lance journalist Gagik Shamshian received a notice from
the RA Prosecutor’s Office that the he has been pardoned illegally. As it
has been reported, the amnesty was applied on Gagik Shamshian, sentenced to
a fine in the amount of 350,000 AMD (about $ 950) for disrespect to court,
by the decision of RA Court of Appeal on July 15, 2009 (see YPC Weekly
Newsletter, July 10-16, 2009). It is noteworthy that the issue on the
unlawful pardon was raised by Gagik Shamshian himself, who addressed to the
RA Prosecutor’s Office on July 30. Shamshian considered that he should not
have been pardoned on the abovementioned case, as an amnesty had already
been applied on him by another case. Gagik Shamshian informed YPC that his
claim about the unlawfulness of the ruling of RA Court of Appeal of July 15
was submitted to consideration by the RA Court of Cassation.
On August 21 at a press conference in Yerevan the Head of RA Police Alik
Sargsian notified that two young men from Etchmiadzin were arrested on the
case of attack on Nver Mnatsakanian, the author and the host of
"Perspective" program cycle of "Shant" TV company, made on May 6, 2009 (see
YPC Weekly Newsletter, May 9-14, 2009 and May 1-8, 2009). According to the
Head of RA Police, the detainees have confound Nver Mnatsakanian with the
father of their girl friend with whom they wanted to have it out. Thus,
there are no ties between the incident and "Grand Candy" company. (The
version about the implication of the company was moved out by the press.) On
the next day, on August 22 the comments of Nver Mnatsakanian were released
on web portal Report.am: "I deplore the state of our law enforcement bodies.
Maybe not publicly but at each opportunity I told more than once that it was
them and that I was chased by a "Niva" car owned by ‘Grand Candy’."
On August 21 "Haykakan Zhamanak" daily informed that its previous issue of
August 20, 2009 was bought up by unknown persons from the newsstands located
in Kentron and Erebuni communities of Yerevan. Some of the subscribers did
not get the issue. According to the daily, the action was conditioned by a
piece about high-ranking employees of RA Prosecutor’s Office, published in
"Haykakan Zhamanak" on August 20.
On August 27 in Vanadzor the representatives of Lori Regional Department of
RA Service of Compulsory Execution of Court Acts impeded the activities of
Larisa Paremuzian, correspondent of "Aravot" daily and "Hetq" online
publication. The journalist arrived to Vanadzor on the alarm of residents
who informed that representatives of the Compulsory Execution Service resort
to violent methods while evicting them from their temporal habitations.
Noticing that Larisa Paremuzian is taking photos and interviewing the
residents, the compulsory executors took away her recorder and photocamera,
and started to push her. As soon as Larisa Paremuzian presented her
journalistic identity, they returned the recorder and the camera, though
with deleted pictures. On August 31 RA Human Rights Defender Armen
Harutiunian addressed a letter to Gevorg Danielian, RA Minister of Justice,
suggesting to assign an internal investigation on the incident.
According to the information of RA Ministry of Justice of September 2, on
the ground of the ombudsman’s letter it is resolved to charge the RA General
Compulsory Executor Mihran Poghosian with an internal investigation on the
incident of Vanadzor.
On August 28 the court of general jurisdiction of Center and Nork-Marash
communities of Yerevan extended the term of preliminary detention of Nikol
Pashinian, Chief Editor of "Haykakan Zhamanak" daily, for two months – till
November 1, 2009. As it has been reported, Nikol Pashinian was announced
wanted within the criminal proceedings, instituted on the events of March 1,
2008 in Yerevan. On July 1, 2009 he voluntarily surrendered to RA
Prosecutor’s Office. "Haykakan Zhamanak" Chief Editor received a preventive
punishment of arrest (see YPC Weekly Newsletter, June 26 – July 2, 2009). On
August 5 RA Special Investigative Service notified about the end of the
preliminary investigation on part of the case regarding Nikol Pashinian.
SUITS AGAINST PARTIES FOR NON-GRANTING INFORMATION
Center of Freedom of Information addressed to court of general jurisdiction
of Center and Nork-Marash communities of Yerevan with suits on non-granting
of information versus three parties – "Orinats Yerkir", Armenian National
Congress and Labor Socialist Party of Armenia.
In April 2009 FOI Center made inquiries to seven parties (registered at the
RA Central Electoral Commission for running in the elections of Yerevan
Council of Elderly of May 31, 2009) requesting the copies of their financial
reports for 2008 and information about sources of charitable contributions
exceeding the hundred-fold of the minimum wage. The Republican Party of
Armenia, ARF "Dashnaktsutiun", "Prosperous Armenia" and the Popular Party
gave an exhaustive reply and in terms defined by the law. "Orinats Yerkir"
granted incomplete information with a delay, while, the Armenian National
Congress and the Labor Socialist Party of Armenia did not respond to the
inquiry at all.
Court hearings on the suit of FOI Center versus "Orinats Yerkir" started on
July 29. The party made a petition to accord some time for preparing an
answer to the suit demands. The petition was secured. At the next session,
on September 4 it turned out that "Orinats Yerkir" requested the copy of its
financial report from the RA State Register of Legal Entities and was
refused. Thereby, the court resolved to require for the document on its
behalf. The hearings were interrupted until the financial report is
received.
The court hearings on the suit versus Armenian National Congress started on
September 10. The party has presented its answer which was given to the
plaintiff for review.
The suit versus Labor Socialist Party of Armenia is submitted to
consideration, although the session date is not appointed yet.
RA GOVERNMENT DID NOT APPROVE THE AMENDMENTS TO THE LAW ON "MASS
COMMUNICATION"
On July 30 RA Government opposed the draft law "On Introducing Amendment and
Supplements to the RA Law ‘On Mass Communication’". As it has been reported,
the draft law was suggested by RA NA deputy Victor Dallakian and submitted
to the National Assembly on July 6, 2009. The author of the draft proposes,
in particular, to supplement the Law with provisions determining the rights
and obligations of journalists. The draft was criticized by a number of
journalistic organizations and RA Human Rights Defender Armen Harutiunian.
Particularly, in the letter of July 22 to RA National Assembly Chairman
Hovik Abrahamian, Armen Harutiunian emphasized that the main provisions of
the draft contravene the Article 10 of the European Convention for the
Protection of Human Rights and Fundamental Freedoms, assuring the freedom of
expression, as well as the case law of the European Court of Human Rights.
Overall, the ombudsman considered the draft to be "unacceptable and indigent
to improvement" (see YPC Weekly Newsletter, July 17-23, 2009).
NEW CO-OWNER OF "HAY TV"
The co-owner of "Hay TV" (founder of TV company is "Shark" LLC) became
"Sovrano" LLC, belonging to businessman Arman Sahakian. According to the
Armenian business directory "Spyur", Arman Sahakian also owns the press
distribution network, "Press Stand" LLC.
ANNIVERSARIES OF "ARAVOT" AND "SEVAN" NEWSPAPERS
On August 1 "Aravot" daily celebrated its 15th anniversary. On September 4
"Sevan" newspaper marked its 70th anniversary since its foundation.
Yerevan Press Club congratulates the colleagues with the jubilees and wishes
them further success and prosperity!
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Editor of YPC Newsletter – Elina POGHOSBEKIAN
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