COMMISSIONER HAMMARBERG RELEASES HIS FINDINGS OF MARCH 1 EVENTS
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[05:14 pm] 29 September, 2008
Strasbourg, 29.09.2008 – "There is an urgent need to reach a
satisfactory solution for prisoners and to hold accountable those
responsible for the March events." With this main message, the
Council of Europe Commissioner for Human Rights, Thomas Hammarberg,
published today his summary of findings on a visit to Armenia carried
out last 13-15 July to weigh the progress made in investigating the
violent events which ensued following the demonstrations after the
Presidential election.
"The situation of persons deprived of their liberty continues to be a
source of serious concern" said the Commissioner. "Questions persist
as to the very nature of the criminal charges and the intent of the
investigations carried out." Commissioner Hammarberg also regretted
that prosecution cases against 19 persons were based solely on police
testimony.
The Commissioner was particularly concerned about the seven persons
remaining in preliminary detention, including prominent opposition
representatives. "It is unacceptable to continue to hold in detention
or to convict – even to non-custodial sentences – anyone solely
because of their political beliefs or non-violent activities."
Furthermore, the Commissioner focused on the setting up of a national
commission of inquiry. While welcoming the proactive approach of the
Government in this regard, he recommended that continued efforts be
made, in tandem with international expert advice, and through a broad
and fully inclusive consultation process. "The establishment of a
group of experts tasked with carrying out a comprehensive, independent,
impartial, transparent inquiry, which would be perceived as credible
by the whole population of Armenia, appears to be within reach. I
hope that this opportunity will be recognised and will continue to
meet with a constructive response by all the relevant actors."
SPECIAL MISSION TO ARMENIA SUMMARY OF FINDINGS
By Thomas Hammarberg Commissioner for Human Rights of the Council
of Europe
Introduction
The Council of Europe Commissioner for Human Rights visited Armenia
from 13 to 15 July 2008. The special mission was organised following
the adoption of Resolution No. 1620 (2008) of the Parliamentary
Assembly of the Council of Europe (PACE) on 25 June 2008, whereby
the Commissioner was invited to:
-contribute to the participation of international experts in the
work of the ad hoc committee of the Armenian Parliament (National
Assembly) tasked with the inquiry into the events of 1 and 2 March 2008
(hereinafter "inquiry committee"), provided the conditions regarding
independence, transparency and credibility are met by the relevant
body; and
-inform the PACE Monitoring Committee at its meeting on 11 September
2008 on the progress regarding the inquiry committee as well as the
release of persons deprived of their liberty in relation to the events
of 1 and 2 March 2008.
The following reflects a summary of findings as presented by the
Commissioner to the PACE Monitoring Committee meeting in Paris on 11
September 2008.
Persons deprived of their liberty in relation to the events of 1-2
March 2008 1. The situation with respect to the persons deprived of
their liberty in connection with the 1-2 March events continues to
be a source of serious concern. There is an urgent need to deploy
the requisite political will to achieve a solution.
2. The preliminary investigation phase of all criminal cases relating
to the events of 1-2 March 2008 has now been completed. Most of the
cases have been brought to court, and a large majority of the persons
concerned – virtually all of them opposition supporters – have been
found guilty and sentenced. There are currently seven persons in
preliminary detention, trials concerning 14 detainees are in progress,
and 39 persons have been sentenced to prison terms. Some 42 persons
have been sentenced to non-custodial measures, i.e. probation or fines,
mostly in the context of fast trial proceedings.
3. The Commissioner finds that serious questions persist as to
the very nature of the criminal charges brought against the persons
apprehended in connection with the events of 1-2 March. In particular,
the letter by the Head of the Special Investigation Service issued
in early March 2008 to some regional prosecutors, requesting them to
collect information on participants in opposition rallies, rather than
information on specific acts, raises questions about the nature and the
intent of the investigation. The Commissioner is particularly concerned
as regards the remaining seven persons in preliminary detention,
including the three members of parliament and the presidential campaign
leader for Levon Ter-Petrosyan, who are charged very broadly for
trying to prepare a coup d’état (usurpation of power, Section 300
of the Criminal Code). The Commissioner’s concern is exacerbated by
the fact that in several of those cases, the relevant court ordered
further two-month extensions as recently as early September 2008.
Prosecution cases against 19 persons were based solely on police
testimony. Many of the Commissioner’s interlocutors considered that
the principle of equality of arms was not being applied in practice,
and the resort to fast trial proceedings in a number of cases –
certain of which had lasted less than 30 minutes – gave rise to
questions. To date, no law enforcement officials have been charged
in connection with the 1 March events.
The Commissioner wishes to underline that it is unacceptable to
continue to hold in detention or to convict – even to non-custodial
sentences – anyone solely because of their political beliefs or
non-violent activities.
4. The Commissioner strongly agrees with the statement made by PACE
President Mr. de Puig on 29 July 2008: "It should be clear that the
detention of people in relation to [the 1 March] events, other than
those who committed grave crimes, is unacceptable to the Assembly. I
therefore urge the authorities to release these people as soon as
possible."
Inquiry into the events of 1-2 March 2008
5. The Armenian Government has sought the assistance through the good
offices of the Commissioner of an international expert in setting
up and devising the mandate of a national commission of inquiry. The
Commissioner welcomes the pro-active approach taken by the Government
in this regard.
Based on discussions held during the July 2008 mission of the
Commissioner to Armenia, the expert (who participated in the visit)
prepared a memorandum outlining the major considerations and issues
in both the process of setting up an expert committee to carry
out the inquiry and substantive aspects of its work (scope of
the investigation, mandate, etc.) in order for it to comply with
the requirements of the PACE resolutions and the Commissioner’s
recommendation. The expert transmitted the memorandum to the Armenian
Government on 21 August 2008.
The Armenian authorities responded promptly, by drawing up a draft
Presidential decree setting up a group of experts tasked with
establishing the facts of the events of 1-2 March 2008. However,
more work is needed to develop the decree, which would serve as a
foundation for the work of the group of experts. Further, a broad,
fully inclusive and comprehensive consultation process is necessary,
to ensure overall support and the involvement of the parliamentary
and extra-parliamentary opposition.
6. The Office of the Commissioner and the expert are engaged in an
ongoing dialogue with the Government of Armenia about procedures
and substantive issues relating to the group of experts. It is very
important, for instance, that the report of the group of experts be
made public and accessible to the country’s population.
7. The efforts made by the Armenian authorities since the
Commissioner’s July 2008 mission should be seen as positive steps. The
Commissioner would recommend that continued efforts be made, in
tandem with international expert advice, to ensure the success of
this process. The establishment of a group of experts tasked with
carrying out a comprehensive, independent, impartial, transparent
inquiry, which would be perceived as credible by the whole population
of Armenia, appears to be within reach. It is the Commissioner’s hope
that this opportunity will be recognised and will continue to meet
with a constructive response by all the relevant actors.
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