Judge violated the law
RA citizen, expert Mesrop Harutyunyan has sent an open letter to RA Minister of Justice Hrair Tovmasyan.
"I was informed from the presses that, I cite, "yesterday an unprecedented decision was taken in the history of Armenia's court system. The court not only arrested the items belonging to "Hraparak" daily newspaper, but also prohibited the newspaper from releasing articles on the given case.
The decision was taken by Judge of the court of general jurisdiction of the Kentron and Nork-Marash districts Karine Petrosyan and the most interesting thing is that it was based on the appeal filed by Head of the RA Court Department, Misak Martirosyan. This was known after an employee of the Service for Compulsory Enforcement of Judicial Acts showed up at the "Hraparak" daily newspaper's editorial office and informed that the court had arrested the newspaper edition's items and freedom of speech."
Mr. Minister, I can somewhat understand the arrest of items as a means of satisfying the appeal, but the ban on releaseing articles is a violation of freedom of speech.
As a modest expert, I think with that decision, the court has breached the RA Constitution. Allow me to explain by saying that freedom of speech is established in Article 27 of the Constitution according to which "Each individual has the right to freedom of speech, including the freedom to search, receive and disseminate information and ideas through any source regardless of state limits. The freedom of mediai and other mediums of information is warranted."
This right, according to Article 43 of the Constitution, can be restricted "ONLY BY THE LAW, if deemed necessary for the protection of state security in a democratic society, maintenance of social order, prevention of crimes, health and morale of society, the constitutional rights and liberties of others, as well as the good and honor" (I underline-M.H.).
Thus, the judge has breached the RA law "On Mass Information" Part 3, Article 4 of which states the following for enemies of especially freedom of speech:
3. Prohibits
1. censure
2. any compulsion against the person spreading information and the journalist to spread information".
By her decision, the judge committed two illegal acts at once: a) compelled the person carrying out journalistic activities to spread information or refuse to spread information, which is PROHIBITED and b) foresaw censure for the newspaper, which is PROHIBITED.
I think this fact of violation of freedom of speech in Armenia should be strictly condemned and you must take adequate measures to eliminate it so that nobody repeats it, no matter how much it is targeted at defending powerful officials' interests," as stated in the open letter.
