Mesrop Movsesyan: “There cannot be a third option”
If denied by the Court of Appeals in Armenia, Meltex Ltd will appeal to the European Court of Human Rights, says Mesrop Movsesyan, President of A1+'s founding company Meltex Ltd
The company's recurrent court was rejected by a lower-instance court last week.
On April 2, 2002 the National Commission of Television and Radio (NCTR) led by Chairman Grigor Amalyan suspended A1+'s license, labeling the company's contest package as "weak and noncompetitive." Since 2002, the broadcaster has been unable to get another license despite having participated in more than a dozen tenders for TV and radio frequencies.
We shall surely appeal to the European Court of Human Rights (ECtHR) as I do not like to leave things unfinished. Besides, if there is a verdict it must be carried out or else the state should declare that it is not going to meet the ECtHR decision taken in 2008. The third option chosen by NCTR Grigor Amalyan whereby they want to clear the air from phony and fake news, will not work," said Mr Movsesyan.
A1+'s legal representative Tigran Ter-Yesayan says the Court of Appeals will make a diplomatic decision.
"The Court will cite European precedents and justify its refusal by the European experience, trying to crate an impression that they were unbiased in their decision. However, the question still remains: why did the state regulator focus on one separate criterion while considering A1+'s package bid? What about the other five criteria? The answer to this question will show whether the judicial system is fully established in Armenia or not," he said.
In 2008, the European Court of Human Rights upheld Meltex company's claim against the Republic of Armenia. The Court found that by depriving A1+ of broadcasting license Armenian authorities violated Article 10 of the European Convention on Human Rights which says, "Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises."
On December 16, 2010, the National Commission of Television and Radio rejected A1+ Company another broadcasting license in a frequency tender, saying the company had submitted fraudulent documents. The results of the process published by the NCTR showed A1+ trailing the operating TV channel, ArmNews in the digital broadcasting tender.
