ELECTION COMMISSION FORMATION CONFLICTS WITH CONSTITUTION
Support A1+!The amendments to the Electoral Code did not solve the principal problem – providing of balance in the election commissions.
«In Armenia the outcome of the election is determined by the composition of the election commission, since the lion's share of the falsifications was committed with the immediate participation of the election commissions», chairman of Democracy public organization Vardan Poghosyan says. In his opinion, with the absence of impartial and independent election commission it is useless to speak of fair elections. «The fact that the European structures assisted the Armenian authorities causes concern. Earlier three members appointed by the President. Henceforth, according to the amendments one member will appointed by the President, one – by the Court of Cassations and one – by People's deputy faction», he notes.
The Venice Commission and OSCE Bureau on Human Rights and Democracy rated the clause according to which judges take part in the formation of the election commissions as progressive. Vardan Poghosyan reminded that in 2004 in its intermediate report on the constitutional amendments the Venice Commission noted, “The fixation of constitutional guarantees for establishment and activity of independent and impartial juridical system in Armenia is one of the key problems of constitutional reform in Armenia.” In V. Poghosyan’s opinion, it means that that Armenia still lacks independent and impartial juridical system
According to him, current balance of forces (6+3) remains unchanged. “When assessing the Azerbaijani Electoral Code the Venice Commission and the OSCE Bureau on Human Rights and Democracy pointed out to two circumstances – the commission should be formed without giving advantage to the power-oriented political forces; the decisions of the election commissions should be taken by 2/3 votes”, he noted. Contrary to Azerbaijan no demands of the kind were made for Armenia. In its conclusion the Venice Commission gave a negative estimate to the amendment according to which the President of the republic forms all the election commissions. “The amended Electoral Code does not state clearly whether the President can decline the appointment of a candidate nominated by apposition political party. Only this fact is enough not to consider the new Code to be progressive”, Vardan Poghosyan resumed.
Victoria Abrahamyan
