YEREVAN PRESS CLUB WEEKLY NEWSLETTER
FEBRUARY 19-25, 2010
HIGHLIGHTS:
"PRESS CLUB" CYCLE: ISSUES OF GENDER EQUALITY
INCIDENT IN FRONT OF THE RA PROCURACY
RA CONSTITUTIONAL COURT SECURED THE APPLICATION OF THE FOUNDER OF "A1+" TV
COMPANY
INVESTIGATION ON THE CASE OF VIOLATIONS AT PRECINCT 10/19 DISMISSED
"PRESS CLUB" CYCLE: ISSUES OF GENDER EQUALITY
On February 23, another "Press Club" show went on the air of "Yerkir Media"
TV company. The cycle is produced under Yerevan Press Club project,
supported by the Open Society Institute. The guests of the program host, YPC
President Boris Navasardian were dramatist Karineh Khodikian and Geghetsik
Grigorian, Associate Professor of Armenian State University of Economy. The
discussion centered on the issues of gender equality in Armenia.
The next "Press Club" show will be aired on "Yerkir Media" on March 2, at
21.15.
INCIDENT IN FRONT OF THE RA PROCURACY
On February 24 in front of the RA Procuracy an incident with the free lance
journalist Gagik Shamshian occurred. According to Shamshian, he was shooting
on the street before the beginning of the session of the RA Procuracy
Collegium, when a young man came up to him, abusing and demanding to stop
shooting and to get away. Afterwards he started to beat the journalist, then
entered the building of the Procuracy. Gagik Shamshian also told YPC that
despite the injuries, he waited till the end of the Collegium session and
attended the press conference of Aghvan Hovsepian, RA General Prosecutor. As
to the journalist, he announced about the crime at the press conference, and
Aghvan Hovsepian asked him to address to the RA Procuracy with a notice on
the attack. Gagik Shamshian also noted that right after the assault he
called the RA Police on the hotline. Shamshian ensures that he had time to
take a picture of the assaulter, while the incident should have been
recorded by the camera fixed at the entrance of RA Procuracy.
Later, while Gagik Shamshian was receiving medical assistance, it turned out
that his eardrum was injured.
On the same day, on February 24, Committee to Protect Freedom of Expression,
Yerevan Press Club, Internews Media Support NGO, Media Diversity Institute,
"Asparez" Journalist’s Club of Gyumri, Vanadzor Press Club, and Goris Press
Club released a statement, which emphasized that Gagik Shamshian "was taking
photos of the high-ranking officials of law enforcement bodies, who were
arriving to the Collegium, i.e., was on professional duties. Meanwhile from
the way the assaulter freely entered the Procuracy, he may be directly
related to the law enforcement bodies". "The public can expect that another
case of violence against a journalist will be followed up. And if the
attacker is not revealed and punished this time, we will have all the
reasons to believe that the law enforcement bodies are simply refraining
from disclosure of such crimes", the statement of seven journalistic
associations stated, in particular.
On February 25 "Aravot" daily published the photo of the young man, which,
as to Shamshian, has assaulted him. In the report on the incident near the
Procuracy "Aravot" also noted that, according to the newspaper’s
information, "the assaulter is an investigator of the General Investigative
Department of the Police".
Kentron Procuracy of Yerevan instituted criminal proceeding on Articles 164
("Impeding the legitimate professional activities of journalist") and 118
("Beating") of the RA Criminal Code. The investigation is conducted by
Kentron Police Department.
RA CONSTITUTIONAL COURT SECURED THE APPLICATION OF THE FOUNDER OF "A1+" TV
COMPANY
On February 23 RA Constitutional Court delivered a judgment on the
application of the founder of "A1+" TV company, "Meltex" LLC, regarding 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. As it has
been reported, in the application, lodged on August 19, 2009, "A1+" founder
stated that the abovementioned Point enables the court to confirm the
previous judgment on a case without securing the filed suit on
reconsideration on the ground of new circumstances. Namely this provision
made a basis for the RA Court of Cassation to decline on February 19, 2009
the demand of "A1+" founder to reconsider the two rulings of the Court of
Cassation (of February 27 and April 23, 2004) on suits of "Meltex" LLC
versus National Commission on Television and Radio under new circumstances
in the case. A new circumstance became the judgment of the European Court of
Human Rights of June 17, 2008, recognizing the refusals to grant "A1+" a
broadcast license to be a violation of 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. At the
hearings, started on December 15, 2009, the Constitutional Court mentioned
that in September 2009, in another case, Point 1 of Article 204’28 was
already recognized contradicting to the Main Law (see YPC Weekly Newsletter,
December 11-17, 2009).
At the session of February 23 the Constitutional Court affirmed that Point 1
of Article 204’28 of the RA Civil Procedure Code contradicts the Main Law.
According to the delivered judgment, the founder of "A1+" can reapply to the
Court of Cassation with the same demand – to reconsider the two court
rulings of 2004 on suits of "Meltex" LLC versus NCTR under new circumstances
in the case.
INVESTIGATION ON THE CASE OF VIOLATIONS AT PRECINCT 10/19 DISMISSED
The RA Special Investigative Service dismissed the investigation on the case
of violations at precinct 10/19 of Yerevan, made on January 10, 2010 (day of
elections to the vacancy formed in the RA National Assembly). On January 14,
RA Central Electoral Commission has cancelled the elections at precinct
10/19, due to numerous violations. On January 19 the RA Procuracy informed
that proceedings were instituted on Points 3 and 5 of Part 2 of Article 149
of RA Criminal Code ("Obstructing the realization of electoral right, the
work of electoral commission or the implementation of the authorities of
election participants").
As it has been reported, among the violations at the precinct 10/19
incidents with journalists were also observed. Thus, the representatives of
one of the candidates for deputy prohibited the free lance journalist Gagik
Shamshian and Anush Martirosian, correspondent of Armenian Service of Radio
Free Europe/Radio Liberty, from shooting and interviewing. After a verbal
skirmish the journalists were forced out of the polling station. Later, on
that day the same people forced Hayk Gevorgian, observer of "Haykakan
Zhamanak" daily, and Gohar Vezirian, correspondent of "Chorrord
Inknishkhanutiun" newspaper, out of the polling station (see details in YPC
Weekly Newsletter, January 14-21, 2010).
As Mr. Gevorgian, the special investigator of RA Special Investigative
Service, informed YPC, the inquiry of the violations at precinct 10/19 was
dismissed for failure of proof.
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Editor of YPC Newsletter – Elina POGHOSBEKIAN
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