Author: David Nargizian

                                        Friday, 

Pashinian Demands ‘Answers’ From Council Of Europe Body


Armenia -- Prime Minister Nikol Pashinian meets with Gianni Buquicchio, 
president of the Venice Commission, Yerevan, 31Oct2018

The Venice Commission of the Council of Europe must answer “some questions” 
raised by the Armenian authorities before it can scrutinize controversial 
constitutional amendments drafted by them, Prime Minister Nikol Pashinian said 
late on Thursday.

Pashinian appeared to criticize the Strasbourg-based legal watchdog as he again 
defended his drive to replace most members of Armenia’s Constitutional Court in 
an interview with Armenian Public Television. He also reiterated his claims that 
those judges remain linked to the “former corrupt authorities.”

He was asked why his administration did not send the draft amendments to the 
Venice Commission before putting them on a referendum scheduled for April 5.

“During my latest visit to Germany I had discussions regarding this situation 
with many partners and I can say that they are surprised that during that 
transformation period in Armenia such processes took place,” Pashinian replied 
in an apparent reference to equally controversial constitutional changes 
implemented by Armenia’s former leadership from 2015-2018.

“I brought our European partners’ attention to the fact that that whole process, 
which essentially was a clear case of abuse of the law relating to that 
transformation, took place under the watchful eye of the Venice Commission,” he 
went on. “And I think that before we address that issue the Venice Commission 
must answer some questions, including from our European partners.”

“We are now in discussions with European institutions to understand how to 
approach this issue,” he added without elaborating.

Venice Commission President Gianni Buquicchio has repeatedly expressed serious 
concern at the Armenian government’s “open conflict” with the Constitutional 
Court. The nine-member court’s chairman, Hrayr Tovmasian, and six other judges, 
who were installed by the former governments, have faced strong pressure from 
the current authorities to resign.

In a February 3 statement, Buquicchio reaffirmed the commission’s view that the 
high court judges must be free to decide whether to accept early retirement 
offered by the government. “I call again on all sides to exercise restraint and 
to de-escalate this worrying situation in order to ensure the normal operation 
of the constitution of Armenia,” read the statement issued following Pashinian’s 
renewed verbal attacks on Tovmasian.

The standoff has also prompted concern from the two Armenia co-rapporteurs of 
the Council of Europe’s Parliamentary Assembly (PACE). They said “political 
players” in the South Caucasus state should “refrain from actions and statements 
that could be perceived as exerting pressure on the judiciary.”

The co-rapporteurs, Andrej Sircelj and Kimmo Kiljunen, also reacted to the 
Pashinian administration’s ensuing decision to try to oust the judges through 
the referendum. In a February 6 statement, they urged the authorities in Yerevan 
to send the draft amendments to the Venice Commission for examination “as soon 
as possible.”

Representatives of the two opposition parties represented in the Armenian 
parliament similarly said that requesting a Venice Commission opinion on the 
proposed changes is essential for the legitimacy of the process. Pashinian’s 
political allies countered, however, that the authorities are not obliged to 
consult with the Council of Europe’s legal experts.

Visiting Germany last week, Pashinian met with German Chancellor Angela Merkel 
and Council of Europe Secretary General Marija Pejcinovic Buric. Merkel cited 
the Venice Commission’s role in ongoing “renewal process” in Armenia, while 
Pejcinovic Buric spoke of “concerns” about political developments in the 
country. Few other details of their talks with Pashinian were made public.

The Venice Commission has not commented on the upcoming Armenian referendum so 
far.




Constitutional Reform Panel Holds First Meeting

        • Naira Nalbandian

Armenia -- The first session of a state commission on constitutional reform, 
Yerevan, .

A newly formed government commission tasked with drafting wide-ranging 
amendments to the Armenian constitution met for the first time on Friday amid 
uncertainty about the outcome of its work.

Prime Minister Nikol Pashinian announced plans to set up the commission in 
December. It was decided then that the ad hoc body will comprise 15 members, 
including Armenia’s justice minister, human rights ombudsman, a representative 
of the country’s judges, members of the three political forces represented in 
the parliament and legal scholars chosen by the Justice Ministry.

The commission’s members were appointed late last month just days before 
Pashinian’s political team unexpectedly drafted its own constitutional 
amendments and put them on a referendum slated for April 5.They call for 
replacing seven of the nine members of Armenia’s Constitutional Court locked in 
a dispute with the government.

The decision to hold the referendum raised new questions about the commission’s 
mission and time frames for the possible enactment of constitutional changes to 
be proposed by it. As recently as on January 21, Justice Minister Rustam 
Badasian said the authorities will be able to schedule a referendum on those 
changes by the end of this year.

However, Pashinian said on Thursday that the second constitutional referendum 
could be held simultaneously with Armenia’s next general elections due in 2023. 
He did not say which articles or chapters of the constitution the commission 
should concentrate on.

The commission chairman, Yeghishe Kirakosian, said after Friday’s meeting that 
the panel will come up with a package of amendments and initiate “public 
discussions” on it by September. “We don’t yet have a timetable for [what will 
happen] after that,” he told reporters.




Opposition Parties To Help ‘No’ Campaign For Armenian Referendum

        • Astghik Bedevian

Armenia -- The Armenian Revolutionary Federation holds a rally in Yerevan's 
Liberty Square, May 23, 2019.

Two major opposition parties have pledged to cooperate with a group of lawyers 
campaigning for a “no” vote in the upcoming referendum on a government proposal 
to oust most members of Armenia’s Constitutional Court.

The 61 lawyers critical of the Armenian government were officially registered on 
Tuesday as the sole “No” side in the unfolding referendum campaign.

The official status allows them to have free airtime on state television and 
appoint two of the seven members of each precinct-level election commission that 
will be formed for the April 5 vote. They will thus need to recruit over 4,000 
sympathizers ready to join those commissions, a difficult task for the mostly 
Yerevan-based lawyers.

Earlier this week, the No campaign appealed to Armenia’s four leading opposition 
parties to help fill its commission seats with their members and supporters.

All of those parties have questioned the legality of the referendum, saying that 
the court-related amendments drafted by Prime Minister Nikol Pashinian’s team 
contradict the Armenian constitution. But none of them has decided to officially 
campaign against a “Yes” vote sought by Pashinian.

According to Ruben Melikian, a “No” campaign coordinator, the opposition Bright 
Armenia (LHK) and Dashnaktsutyun parties have responded positively to the appeal.

“We need to be sure that we will have people capable of performing the duties of 
commission chair, secretary or member, and the public should be confident that 
those functions are performed by people who sincerely oppose the referendum 
process,” Melikian told RFE/RL’s Armenian service on Friday.

LHK and Dashnaktsutyun representatives confirmed that they will allow and 
encourage members of their parties to join the commissions and monitor the 
proper conduct of the referendum.

Dashnaktsutyun’s Ishkhan Saghatelian said this is not at odds with his party’s 
calls for a boycott of the vote. He argued that Dashnaktsutyun’s objective is to 
scuttle the passage of the constitutional changes.

The two other opposition forces, the former ruling Republican Party and Gagik 
Tsarukian’s Prosperous Armenia Party, have not yet responded to the lawyers’ 
appeal.


Reprinted on ANN/Armenian News with permission from RFE/RL
Copyright (c) 2020 Radio Free Europe / Radio Liberty, Inc.
1201 Connecticut Ave., N.W. Washington DC 20036.