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ARMENIA MUST FOLLOW THE GAME RULES

Official

Here is the letter of the Helsinki Association to the EU.

Once again Helsinki Association is drawing Your attention to the neglection of the Armenian authorities to comply with its obligations taken both before the Council of Europe, and set out in Resolutions 1361, 1374 and 1405 of the PACE.

Though the terms for implementation of the obligations in the fields of human rights and fundamental freedoms have expired, no tangible changes have occurred. Statements made by the Armenian authorities about the reforms carried out as demanded by the international community are fictitious as they are mostly incompliant to the international standards. Requirements of the expert commissions to revise them have been totally disregarded. Moreover, Armenia is on the move towards a military-police state.

In 2004 a law “On Alternative Service” took force, which doesn’t correspond to the international standards. The authorities ignored the requirements laid down in Resolutions 1361 (p. 22, 23) and 1405 (p.10/viii) on introducing amendments to the law and granting an amnesty to persons imprisoned for conscientious objection to military service. After adoption of the law eighteen persons have been convicted under criminal charges for “evasion of a regular call-up to time-fixed military service”, other five are detained pending trial. In December 2004 twenty-one Jehovah Witnesses expressed their willingness to do an alternative service, but conditions for its performance do not correspond to the standards adopted by the democratic community. Presently, Jehovah Witnesses refuse to do an alternative service under such conditions, which will inevitably generate new prosecution.

The authorities of Armenia are in direct or indirect control of the entire broadcasting media of the republic. Resolutions 1361 (p.19), 1374 (p.9/vi) and 1405 (p. 11/iii) require the Armenian authorities to provide pluralism in audiovisual media, while the National Commission for Television and Radio (NCTR) must create fair conditions for awarding broadcasting licenses to TV and radio companies uncontrolled by the authorities. Since 2002 the NCTR has held eight competitions granting broadcasting licenses to pro-governmental broadcasting media only. Moreover, it’s been officially announced about the impossibility to hold new competitions in the nearest future due to an absence of vacant frequencies. At the same time the Armenian law “On TV and Radio Broadcast” stipulates that the list of vacant frequencies be announced – a thing that has never been done since the law took effect. Despite of the PACE demands, A1+ television channel, which has been closed down since April 2002, hasn’t been granted a broadcasting license.

Though Resolutions 1361(p.15) и 1405 (p.11/ viii) urge the Armenian authorities to adopt not later than March 2005 a law on demonstrations and public meetings in full compliance with Council of Europe principles and standards, the Armenian authorities hasn’t met the obligation. Members of the Venice Commission have failed to reach an agreement with the leadership of the republic over basic principles of the new law, which touch upon human rights and fundamental freedoms.

Among the unsolved issues are: independence of the judiciary, illegal administrative detention, improving prison system, use of torture during police investigation, violation of the rights of citizens during a military call-up as well as of military servants. We believe that one of the reasons for non-resolution of these and other issues is also non-objectivity of the Head of the PACE monitoring group on Armenia, Mr. Jerzy Jaskiernia.

Helsinki Association considers as necessary:

-to change the composition of the PACE monitoring group on Armenia;

-to send independent experts to the republic to find out if vacant TV and radio frequencies are available;

-to give an expert opinion of the legislation of the Republic of Armenia related to human rights and fundamental freedoms;

-to consider a possibility of imposing sanctions on the Republic of Armenia up to its suspension from the CE membership until it meets all the obligations taken both upon accession to the Council of Europe and mentioned in Resolutions of the PACE;

Helsinki Association is again expressing its readiness to cooperate in this direction with all the concerned bodies and structures of the Council of Europe.