OSCE REPORT LABELS 2008 POST-ELECTION TRIALS AS FLAWED

2010/03/ 08 | 21:49

The conduct of the trials that took place in the aftermath of the
March 2008 post-election violence in Yerevan reveals shortcomings in
Armenia’s justice system, concludes a report published today by the
OSCE Office for Democratic Institutions and Human Rights (ODIHR).

The 114-page report, based on the monitoring of 93 criminal cases
during a 16-month period, offers detailed recommendations on how to
address the identified shortcomings.

"The trials took place amid high tensions, which made the work of
courts extraordinarily difficult and at the same time raised the
bar for their professional performance to the highest levels," said
Ambassador Janez Lenarcic, ODIHR’s director.

"We hope that this report can give new impetus to the ongoing efforts
by the Armenian authorities to reform the country’s justice system
in line with international standards and OSCE commitments."

The violent clashes that erupted in Yerevan on 1-2 March 2008 between
the police and protesters demonstrating against the conduct of the
February 2008 presidential election resulted in at least eight deaths
and numerous injuries.

Between April 2008 and July 2009, 37 ODIHR monitors observed the
trials of the individuals charged in connection with the clashes.

The report’s recommendations include limiting the use of pre-trial
detention and upholding the presumption of innocence. It also
recommends measures to ensure equality between prosecution and
defence in court and comprehensive investigations into all allegations
of torture or other ill-treatment in order to eliminate the use of
evidence obtained through illegal means. It says judges would benefit
from further training to enhance impartiality and professional conduct.

"The OSCE stands ready to assist the authorities in further advancing
justice reform in Armenia," said Lenarcic.

"We are encouraged by the open attitude we have encountered during
the trial monitoring project and value the authorities’ input in the
process of preparing the final report. It appears that some steps
are already being taken to address the identified shortcomings."