Re: Zaruhi Postanjyan

I’ve been following this tragicomedy involving nationalist and pro-government circles on the one side and Armenian MP Zaruhi Postanjyan, prominent human rights lawyer from the opposition Heritage party, on the other side, and could not help myself but wonder. How much we love targeting people instead of targeting problems?!

Nationalist and pro-government propaganda machine can’t get enough of condemning Zaruhi’s ‘treacherous’ behaviour. Here she is, an ‘enemy of people’, ‘enemy of Armenia’. How did she dare asking for Azeri and Turkish signatures under the statement condemning the state of human rights in Armenia and demanding the release of all political prisoners. Ironically, the same circles were pretty jubilant with Zaruhi Postanjyan’s stance re Karabakh and Turkey which is leaning towards more nationalist spectrum of the political field in Armenia. Ironically, among those still detained are Karabakh war veterans, and Turkish and Azeri MPs signed under the demand of their release too (!), which caused some ‘reaction’ back in Baku.

My only problem with those signatures not the fact that they came from Azeri and Turkish MPs, but I believe that only a person who recognises and criticises similar and (much) worse human rights abuses in his/her own country has the right to criticise others. I am not sure that this is the case re e.g. that MP from Azerbaijan.

Other than that, critics of Zaruhi Postanjyan are missing the point. If they think it’s shameful that the name “Armenia” is being used in Europe in relation to poor human rights record or being monitored by the Council of Europe, they should fight the roots of the problem, not the person who highlights it, whether with the ‘right’ or the ‘wrong’ signatures.

Armenia: partial amnesty. Not far enough

Political pisoners Aleksandr Arzumanyan, Myasnik Malkhasyan, Hakob Hakobyan and Suren Sirunyan were released from the court today. This decision was made ahead of upcoming PACE Monitoring committee hearings on Armenia and followed the presidential amnesty which was adopted on 19 June 2009. Unfortunately, it is not clear how (if at all) this amnesty will apply to those opposition activists/supporters who are on the run and in hiding now. Also, it became clear from the terms of declared amnesty that it will not apply to some political prisoners.

It is always welcome to see numbers of those detained on a politically motivated charges reduced. However, I will only truly welcome this news if Armenian authorities free all of them.

I said this again, but will repeat. It's with pain that I apply the term "political prisoners" to some of them, who could easily be charged with the human rights abuses when they were in power. However, today they have been detained/arrested for politically motivated charges, and I should call them as such, regardless my personal attitude. Having even one political prisoner is shameful for Armenia, deplorable and should not be tolerated.

PACE: Armenian authorities should fully respect the principle of freedom of assembly

Last year, in June, to 'justify' banning opposition rallies in Liberty sq, Armenian authorities set up the 'amusement park', or 'children's park', there. Someone(s) is lacking originality and imagination, and it's time for a déjà vu. Yerevan municipality refused to authorise the rally in central Yerevan (outside the Matenadaran institute of ancient manuscripts) citing already planned 'little Matenadarantsi', a 'children's event', there. They went further banning the rally on Northern avenue too.

They also said there’s an “expert conclusion” stating the rally on Northern Avenue might “endanger the health and security of the people due to ongoing construction works there. (Now that one’s funny - I haven’t seen any traces of construction there for months!)

To complete this picture, below is a statement issued today by infamous Prescott & Colombier of PACE.

Strasbourg, 17.02.2009 - John Prescott and Georges Colombier , co-rapporteurs on Armenia 's monitoring for the Parliamenatry Assembly of the Council of Europe (PACE), expressed their concern about the refusal of the authorities to allow the Armenian National Congress (HAK) to organise a peaceful rally in Central Yerevan on 1 March 2009. They stressed that the Assembly has on several occasions called upon the authorities to fully respect the principle of freedom of assembly in Armenia and not to place undue restrictions, especially with regard to the requested venues, upon peaceful rallies organised by the opposition. In their view , the possibility for all political forces to organise peaceful rallies is an essential component of democracy and therefore call upon the authorities to allow such peaceful rallies to take place unimpeded in the requested venues. (PACE)

Armenia’s ruling Republican party leader blasts Europe... comparing 1 March events to World War II

As if ruling Republican party's parliamentary leader Galust Sahakyan's previous comments were not enough ("Another HHK leader, Galust Sahakian, caused a stir last month by stating that Armenia could join organizations uniting Islamic nations if it is punished by the PACE"), here is another 'masterpiece' from the deputy chairman of that party. He compares 1 March events in Yerevan with that of World War II to 'justify' that Europe "has no moral right" to teach human rights lessons to Armenia. Truly, from ridiculous to more ridiculous.

*RFE/RL

Europe has no moral right to teach Armenia lessons on democracy and human rights because values espoused by it were responsible for the World War II and Nazi crimes against humanity, a deputy chairman of the ruling Republican Party (HHK) said on Thursday.

Razmik Zohrabian made the blistering attack as he commented on pressure exerted on the Armenian authorities by the Council of Europe and its Parliamentary Assembly (PACE) over their deadly post-election crackdown on the opposition. In a resolution adopted this week, the PACE said dozens supporters of opposition leader Levon Ter-Petrosian “may have been charged and imprisoned for political motivations.”

“Because Armenia was not stripped of its [PACE] vote, I don’t want to criticize the assembly in strong terms now,” Zohrabian told RFE/RL in an interview. “But we must not forget that when they teach us lessons on human rights and freedoms and cite European values, we can recall what happened during the World War II in Europe. People were even burned and buried alive there. Was that also part of the European values or it is not part of the history?”

“So when there were events here [in March 2008] that resulted in casualties, in terms of human rights, that is not as great a tragedy as a world war waged under European values,” he charged. “This is just one example. I can bring up more of them.” [...]

Armenia PACE delegation plane made a forced landing in Turkey

Due to unfavourable weather conditions in Yerevan (mist/fog), Czech airline plane with Armenian delegation at the Parliamentary Assembly of the Council of Europe (PACE) on board, along with journalists who were in Strasbourg, made a forced landing at the airport of the Turkish city Trabzon, reports Novosti-Armenia, citing Armenian airport official. They now expect to arrive in Yerevan overnight from Thursday to Friday.

Armenia: not PACE but real humiliations (my top 3)

There were endless statements over the past few weeks that voting at the PACE to deprive Armenian delegation of voting rights is a “humiliation” for our country. Well, we are now escaped that “humiliation” for at least 2 more months. PACE has just voted to come back to Armenia’s implementation of its obligations at its April session. But did we escape from real humiliation? I do not think so. PACE is not a right place to look at for “humiliation”.

I am not mentioning here broader issues like no free elections, state of human rights in general and so on.

Here are real humiliations which Armenia faces currently (my top 3):

1. Existence of political prisoners
2. Armenian parliament
3. Lack of independent TV station (with nation-wide coverage)

Letter to the PACE from the wives of Armenia's political prisoners

Parliamentary Assembly of the Council of Europe

January 25, 2009


Dear Delegates,

We are writing to you on behalf of the wives, mothers, and sisters of Armenia’s political prisoners and detainees in connection with the February 19, 2008 presidential election and its aftermath. On Tuesday, January 27, 2009 the Parliamentary Assembly of the Council of Europe is to consider the implementation by Armenia of Assembly Resolutions 1609 and 1620. We ask that you remember the victims of the continuing political repression in Armenia as you decide what course to take.

We commend the Monitoring Committee for its December 22, 2008 Draft Resolution, which recognizes that our loved ones are indeed political prisoners and that strong actions are necessary to bring the Armenian government into compliance with the requirements of the Council of Europe and its obligations to its own people.

Since the passage of Resolutions 1609 and 1620 and the December Draft Resolution, the authorities have failed to take meaningful steps that correspond to the promises they have made to you and to us. We know that you are well informed by the Armenian National Congress and others of recent developments in Armenia. Without repeating all that you have learned from them, we wish to confirm, from our personal experience, that political repression has only worsened recently. A number of political prisoners have been beaten and moved to more dangerous prison cells, in attempts to intimidate them and break their will. The trail of seven has been repeatedly postponed by the judge, denying detainees the right swift justice. Their relatives have been threatened and intimidated by scores of plainclothes policemen inside the courtroom. Outside the courtroom, peaceful supporters have been repeatedly been harassed and abused by an army of police and red berets. This is what we live through every day.

There have been many calls both here and abroad for a general amnesty for the political prisoners. The government response has been cynical and cruel. The authorities have launched a campaign of intimidation to persuade prisoners and those who have received suspended sentences to formally request pardon from Serzh Sargsyan; in exchange they must confess to crimes they did not commit and renounce further political activity. Several, under extreme duress, have succumbed. The vast majority have resisted and will continue to resist. On the evening of Saturday, January 24, well aware that Armenian newspapers do not publish on Sunday and Monday and so no public response would be possible before Tuesday, Serzh Sargsyan’s office announced the pardon of sixteen men convicted in connection with the March 1 events. None of these men, however, is on our list of political prisoners. They are not oppositionists, but rather hoodlums and petty criminals planted by the authorities among the crowd of peaceful protestors.

While granting these questionable pardons, government representatives have repeatedly suggested that no general amnesty is possible until the trial of seven has run its course. This argument is flawed legally, logically, and morally. There is no law that would prevent the immediate release of all political prisoners and detainees. In terms of logic, there are dozens of prisoners who have already been convicted on various charges solely on police testimony; their release should not be connected in any way to the trials that are ongoing. Morally, it is well known that the trial of seven could go on for years and years. These men have already spent nearly 11 months in jail, completely unjustly. To even suggest that they should remain in captivity at the mercy of the Armenian justice system for who knows how much longer is deeply wrong.

It is well known among the citizens of Armenia, and should be recognized by the PACE as well, that all government actions taken to deal with the situation thus far have been last-minute attempts to deceive, to save face, and to avoid for as long as possible the inevitable consequences of the campaign of political repression that began well before the election of February 2008. Similarly, the promised revision of Articles 225 and 300 of the Criminal Code, while welcome, is an act of desperation and deceit, rather than good will, and offers no real guarantee that justice will be done.

We don’t wish to see our country further estranged from European structures and values, but it is these very values of democracy, freedom, and human rights that our loved ones have been persecuted for espousing. Each additional day that the authorities are given to fulfill their obligations to the Council of Europe and to their own people is an additional day in Soviet-era prison cells for these men, bringing with it risks to their health and well-being, and physical, financial, and psychological hardship for their families.

We remind you that the members of the Armenian delegation to the PACE are part of the system that has allowed and encouraged the unraveling of democracy to take place. While they may be men of good will individually, they are under tremendous pressure to serve the interests of an unjust and illegitimate regime. We ask you to remember our families, and our children in particular, as you make your decision on Tuesday.

Respectfully yours,

The Wives of Armenia’s Political Prisoners Coordinating Group

Armenia: 2009 World Report (Human Rights Watch)

*Human Rights Watch

Armenia
Events 2008

Armenia experienced one of its most serious civil and political rights crises since independence when security forces used excessive force on March 1 against opposition demonstrators protesting the results of the February 2008 presidential election. Violent clashes erupted between police and demonstrators, and authorities arrested several hundred demonstrators and prosecuted more than a hundred opposition supporters. A state of emergency temporarily restricted several basic freedoms, including freedom of assembly. International condemnation of the use of excessive force during the March 1 events and of the state of emergency was widespread.

Elections and Election-Related Violence
The February 19 presidential election was won by Prime Minister Serj Sargsyan, but was marred by election-day violence and irregularities. On election day, assailants threatened and attacked opposition activists protesting what they believed to be electoral fraud, domestic observers, and journalists at eight polling stations. Several assaults occurred in the presence of police and election officials who did not intervene; in one case a policeman appeared to assist assailants. International observers also reported violations, including campaigning near polling stations, ballot stuffing, vote buying, and counting and tabulation irregularities. Observers criticized the Central Election Commission for its apparent failure to properly investigate complaints.

On February 20, tens of thousands of supporters of Levon Ter-Petrossian, the main opposition candidate, took to the streets in downtown Yerevan. The protests continued peacefully for 10 days.

On March 1, special police forces confronted the demonstrators using excessive force, beating them with batons and attacking fleeing demonstrators. Some demonstrators also resorted to violence, including throwing stones and burning vehicles. The clashes resulted in at least 10 deaths (eight demonstrators and two police officers), and scores of people were injured. Police detained several hundred demonstrators, charging more than one hundred opposition supporters and others with organizing or participating in illegal demonstrations and mass disturbances. Police committed due process violations including incommunicado detention, denial of access to counsel, and failure to investigate allegations of ill-treatment. Subsequent trial proceedings raised fair trial concerns: several detainees were convicted solely on police testimony and in expedited trial proceedings.

The government declared a state of emergency on March 1, temporarily restricting freedom of movement, assembly, expression, and access to information. The state of emergency was lifted fully on March 21.

Under pressure from the Parliamentary Assembly of the Council of Europe (PACE), the Armenian authorities have taken steps to establish an independent inquiry into the March 1 events, but have yet to hold anyone responsible for the deaths.

Media Freedom
Police targeted journalists covering the February demonstrations. On February 29, police attacked photojournalist Gagik Shamshyan while he was attempting to photograph them. On March 1, police detained Shamshyan, took his camera, and beat him; he needed hospital treatment for his injuries and was released after the intervention of the Armenian ombudsman. Also on March 1, police hindered a Radio Liberty correspondent's work and beat the driver of her car. Police detained at least two other journalists during demonstrations in Yerevan and Gyumri.

Under the state of emergency, media could use only official information from state agencies to report on national affairs. The National Security Service (NSS) prevented at least seven opposition and independent newspapers from publishing, and blocked websites. At least two newspapers protested the restrictions and refused to print. Although media restrictions were lifted on March 13, NSS representatives interfered with the same seven newspapers' printing, allowing them to publish only on March 21. In late March tax authorities hit at least four newspapers with apparently politically-motivated audits.

In October, the Court of Cassation overturned a February 29 ruling against the founder of the Gyumri-based television station GALA for allegedly illegally using the local television tower, but left in force a March 19 fraud conviction. The cases emerged following an October 2007 tax audit that was widely seen as retaliation for GALA's airing a September 2007 Ter-Petrossian speech critical of the government. The Asparez Journalism Club of Gyumri was apparently targeted for supporting GALA. On January 19, an assailant attempted to set fire to the Asparez office, and on March 21 two unidentified men torched a car being used by Asparez director Levon Barseghyan as he returned to the car from GALA.

In June 2008 the European Court of Human Rights ruled that Armenia had violated article 10 (freedom of expression) of the European Convention on Human Rights in relation to the independent broadcast company A1+. The court held that laws regulating awarding of broadcast licenses failed to protect against arbitrary interference and that denials of a license to A1+ were unlawful. As of April, A1+ had made 12 unsuccessful attempts to regain a license since going off air in 2002. In September 2008 the National Assembly amended the law on television and radio to suspend all licensing until a digital switchover scheduled for 2010. The amendments are seen as further efforts to deny A1+ a license.

The Yerevan Press Club reported several apparently arbitrary arrests of journalists, and the beating of two journalists, Lusine Barseghyan, an Armenian Times reporter, and Hrach Melkumyan, Radio Liberty acting director, by unknown assailants in separate incidents in August. The journalists believe they were targeted for their professional activities.

On July 18, a presidentially-appointed commission rejected an early release request by Arman Babajanyan, editor of the independent newspaper Zhamanak Yerevan, who had been convicted in 2006 of forging documents in order to evade compulsory military service. Babajanyan had served two years of a three-and-a-half-year sentence and was eligible for early release on parole for good conduct.

Freedom of Assembly
Just before the government lifted the state of emergency, on March 17, 2008, the National Assembly passed restrictive amendments to the law on meetings, which were criticized by the Council of Europe and the Organization for Security and Co-operation in Europe (OSCE). Subsequent further amendments in April eased some of the restrictions. The government denied numerous opposition requests to hold public rallies in late March, and at least 90 people participating in peaceful "public walks" organized by opposition supporters in Yerevan were briefly detained.

Torture and Ill-Treatment
According to local human rights defenders, torture and ill-treatment in custody remain widespread. Several people detained in connection with the March 1 events alleged physical abuse during apprehension, transfer to police stations, and in custody. At this writing, the authorities have not investigated these claims.

In June a Yerevan court ordered additional investigation into the May 2007 death of Levon Gulyan, who was found dead after police arrested and interrogated him. The authorities allege that Gulyan jumped from a second-storey window of a police station while trying to escape, a claim denied by Gulyan's relatives who believe he was tortured.

Attacks on Human Rights Defenders and Political Activists
In November 2007 a group of unknown assailants beat Narek Galstyan, leader of the youth wing of the opposition Social-Democratic Hnchakyan Party. Two days earlier, police had briefly detained Galstyan and another activist for posting leaflets critical of Serj Sargsyan.

In May 2008 the chairman of the Armenian Helsinki Association, Mikael Danielyan, was wounded when an assailant shot him from a pneumatic gun, following an argument while both men were stopped at a traffic light. It was reported that the assailant was a former leader of the Armenian Progressive Party. Criminal investigation into the attack is ongoing.

Also in May, Arsen Kharatyan, a leading member of the pro-opposition democratic youth movements Sksela and Hima, was beaten in Yerevan by several unknown assailants, and sustained serious head injuries. Another Hima member, Narek Hovakimyan, was attacked and beaten in June.

Key International Actors
International election observers from the OSCE, Council of Europe, and the European Parliament declared that the February elections were "mostly in line" with international standards, but noted concerns about the election process. International and domestic observers also criticized uneven media coverage of candidates prior to the elections.

Citing concerns about the Armenian authorities' reaction to the March 1 events, the United States froze further payments to Armenia from the Millennium Challenge Corporation, a five-year US$235.65 million program for reducing rural poverty. In several statements, the European Union expressed concern about the authorities' use of force and arrests of demonstrators.

Following a visit to Armenia in early March, the OSCE's special envoy for the South Caucasus called on the Armenian authorities to lift the state of emergency and expressed "regret" that "maximum restraint" had not been used during the crisis.

During its urgent debate on Armenia in April, the PACE threatened to suspend Armenia's voting rights unless it took a series of urgent measures, including revoking the amendments to the law on meetings, conducting an independent inquiry into the March 1 events, and releasing those detained on seemingly politically motivated charges who had not committed any violent or serious offense. At its June session, the PACE welcomed progress in some of these areas, but regretted that Armenia had not complied with all requirements.

Council of Europe Commissioner for Human Rights Thomas Hammarberg conducted three visits to Armenia in 2008. In addition to gathering information about the March 1 events, Hammarberg provided support for establishing an independent inquiry.

Armenia: political prisoners calling for human rights Ombudsman’s resignation

I received a statement signed by 42 political prisoners strongly condemning Armenian human rights Ombudsman Armen Harutyunyan and demanding his resignation.

This statement follows pre-New Year holiday reports that some of the detainees were beaten and ill-treated in prison. Unsurprisingly, Justice minister denied the allegations. However, RFE/RL reported that Ombudsman Harutyunyan has expressed “serious concern” at allegations, having his aides visit the detainees. “A statement by the ombudsman’s office said Voskerchian insisted that he was punched and kicked by the commander of a Justice Ministry squad inspecting Nubarashen because of his political affiliation and activities. The oppositionists claimed that the incident occurred during searches conducted in his and other inmates’ prison cells, the statement said.”

I assume this strongly worded statement by political prisoners was influenced by reports of Ombudsman’s meeting with president Serj Sargsyan after which the latter instructed Justice minister to launch an “internal investigation”.

Political prisoners state that instead of demanding an immediate criminal investigation, Armenian Ombudsman backed an “internal investigation” which detainees believe is a way of cover-up. Statement by political prisoners also accuses Armenian Ombudsman in leniency re human rights violations in Armenia and him being involved in a “monitoring mission” of court hearings instead of clearly condemning them as politically motivated. Thus, the signatories argue that Ombudsman Harutyunyan is serving the authorities’ interests trying to avert Council of Europe sanctions.

Statement concludes by calling for human rights Ombudsman to resign, expressing “hope” that his follower would be different and true to the calling of human rights defender.

In the meantime, opposition Armenian National Congress issued a statement today strongly condemning reported beatings of imprisoned opposition activists and demanding criminal investigation. While criticising the Ombudsman, they stopped short of calling for his resignation.

In a separate statement, Armenian National Congress reminds that the “case of seven” court hearings of high profile oppositionists on coup charges will resume on 9 January, 12pm, at the Yerevan Shengavit district court building. They ask supporters to gather outside the court building to prevent possible provocations and turn the current trial into the “trial against authorities”.

I do agree that political prisoners have grounds for complaining of actions or inactions of Armenian Ombudsman. Armenian Ombudsman should have been more vocal in fighting human rights abuses in Armenia. However, let’s not forget that during emergency situation in March it was the only state institution which was able to deal with the human rights issues. Also, in following months, there were many occasions that the Ombudsman’s office helped in resolving human rights violations. Reports by Armenian Ombudsman on 1 March and following events were critical in making the case heard worldwide. By demanding his resignation now, political prisoners will not get desired justice. New Ombudsman will be appointed by the same authorities whose legitimacy is questioned by the opposition and detainees themselves. There is no way that they would trust this new Ombudsman more than the current one. Quite the contrary.

Доигрались

Enough is enough! - this was the main message from the European Monitoring Committee to Armenian authorities. For the first time, the Monitoring Committee of the Parliamentary Assembly of the Council of Europe (PACE) effectively acknowledges the existence of political prisoners in Armenia, the shameful fact which we knew very well for months now.

And no, I do not care that there are other countries in the Council of Europe with much poorer human rights records and without sanctions. Actually, I do care in a sense, and it’s shameful for the Council of Europe itself that such situation could exist. But I do not want to compare Armenia with such category of countries. I do not want to propose such a low threshold for Armenia.

Armenian authorities have to release all political prisoners not because it's important for the Council of Europe, but because it's important for us. There is no place for political prisoners in modern Armenia. Full stop.

Below are 2 crucial points from the draft PACE resolution which will be discussed at the end of January 2009. /emphasis mine/

5. The Assembly notes that doubts have been voiced regarding the nature of the charges brought under Articles 225 and 300 of the Criminal Code, as well as with regard to the legal proceedings against those convicted in relation to the events of 1 and 2 March 2008, including by the Council of Europe Commissioner for Human Rights. The Assembly therefore considers that there are strong indications that the charges against a significant number of persons, especially those charged under Articles 225-3 and 300 of the Criminal Code and those based solely on police evidence, have been politically motivated. It follows that persons convicted on these charges can be considered political prisoners.

9. Notwithstanding positive developments in some areas, the Assembly finds it unacceptable that persons have been charged and deprived of their liberty for political motivations and that political prisoners exist in Armenia. Therefore, despite the positive steps taken towards the establishment of an independent, transparent and credible inquiry, the Assembly decides to suspend the voting rights of the members of the Armenian parliamentary delegation to the Assembly, under Rule 9, paragraphs 3 and 4.c, of the Rules of Procedure, until the Armenian authorities have clearly demonstrated their political will to resolve the issue of persons deprived of their liberty in relation to the events of 1 and 2 March 2008, in line with its demands, as expressed in Resolutions 1609 (2008) and 1620 (2008).

And here is official press release.

Charging persons for political motivation is ‘unacceptable’: PACE committee demands suspension of Armenia’s delegation voting rights

Strasbourg, 18.12.2008 – Declaring it “unacceptable” that persons could be charged and deprived of their liberty for political motivation in Armenia in relation to the events of 1 and 2 March 2008, the Monitoring Committee of the Parliamentary Assembly of the Council of Europe (PACE) yesterday recommended suspending the voting rights of Armenia’s eight-member delegation to the Assembly until the authorities “have clearly demonstrated their political will to resolve this issue.” The co-rapporteurs would visit the country in January 2009, with a view to reporting back to the Committee on the first day of the January 2009 part-session on any progress with respect to the release of these persons.

In two earlier resolutions, the Assembly had made several demands following the post-electoral violence of March 2008, including the holding of an independent, transparent and credible inquiry into what happened, and the release of persons detained on “seemingly artificial and politically motivated charges” in connection with those events.

In its draft resolution, adopted yesterday in Paris, the Monitoring Committee welcomed the Armenian President’s creation of a fact-finding group of experts to look into the March events as an important step towards meeting the Assembly’s demands, but cautioned that its credibility would depend on how it conducts its work. They also expressed satisfaction at efforts to initiate reforms in the media, electoral legislation and the judiciary.

However, the parliamentarians said that “notwithstanding positive developments in some areas” the limited progress with regard to the release of the above mentioned persons meant the Armenian delegation should be deprived of its vote, if no further progress is reached in this request before the January 2009 PACE plenary session.

The Assembly is due to decide on the matter on Thursday 29 January during its forthcoming Winter plenary Session (26 – 30 January 2009).

Stark warning from PACE to Armenian authorities: Make progress, or face consequences (“scandal”)

“We need for this date [11 September] guarantees that the [PACE] resolutions can be implemented”. If there would be no progress observed in Armenia till 11 September, Armenia would face scandalous situation in the Council of Europe with catastrophic consequences for the country, and much sooner than January 2009 deadline.

*The president of the Council of Europe Parliamentary Assembly (PACE), Luis Maria de Puig, speaking today with Radio Liberty (Armenia).

Armenian authorities: defeat after defeat on the foreign policy front

With illusive 'victories' (= self-deception) on domestic front, Armenian authorities suffer defeat after defeat on the foreign policy front.

Are we witnessing a complete failure of Armenian Ministry of Foreign Affairs? Do we still have one? Or is this a failure of authorities who lack trust and support of their people?

Russia, Armenia's strategic ally

Only few days after Armenia's incumbent president Serj Sargsyan visit to Moscow and meeting with his Russian counterpart Medvedev...

Guardian (3 July 2008): Medvedev used his meeting with Aliyev to make an unusually explicit statement of support for Azerbaijan in its dispute with its neighbour, Armenia, over the Nagorno-Karabakh region. [...] "The two sides underlined the importance of a speedy resolution of the Nagorno-Karabakh conflict on the basis of respect for ... sovereignty, territorial integrity and the inviolability of a state's borders," said a joint statement after the talks. Commenting after the talks on that statement, Aliyev said: "We are grateful to Russia for this position."

OSCE

PanARMENIAN.Net (3 July 2008): During its latest session in Astana, the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE) adopted Turkey’s motion which says that past events like genocide should be recognized only after historians carried out a detailed research in all kinds of archives, independent French journalist Jean Eckian told PanARMENIAN.Net. “Adoption of the Turkish thesis by the OSCE is a significant achievement against the Armenian allegations. Also, the Turkish thesis regarding the events of 1915 was adopted for the first time on an international platform. Armenia was the only among 56 OSCE member states to vote against the motion," said Alaattin Buyukkaya, head of the Turkish delegation to the OSCE PA."The motion says that the OSCE Parliamentary Assembly encourages formation of joint commission of historians and experts from the third countries in case of a research into political and military archives to scientifically and impartially enlighten a disputed period in history in an effort to serve transparency and common understanding among the member states," Buyukkaya added.

No surprises, especially after Armenia's incumbent president Serj Sargsyan's infamous remarks in Moscow (23 June 2008, via president.am): "The second issue I would like to speak about refers to Armenian-Turkish relations. Our position on the matter is distinct: there should be no closed borders between neighbor countries in the 21st century. Regional cooperation can be the best means for establishing stability. The Turkish side suggests forming a commission that would study the historic facts. We do not mind establishing that commission, but only when the border between our countries is opened. Otherwise, it can become a means of protracting the solution of the issue for many years. In the future I intend to undertake new steps to further the normalization of Armenian-Turkish relations. Most probably, I will invite Turkey’s President Abdullah Gul to Yerevan to watch the match between the national football teams of Armenia and Turkey."

PACE

While Armenian authorities were celebrating a 'victory' having avoided PACE (Parliamentary Assembly of the Council of Europe) sanctions till at least January 2009...

RFE/RL (25 June 2008): The resolution adopted on Tuesday [Unzipped - 24 June 2008] expressed serious concern at the “deteriorating” human rights situation in Azerbaijan and spelled out a “road-map” of urgent measures which the PACE believes should be taken ahead of the forthcoming Azerbaijani presidential election. The resolution linked the problem with the unresolved Nagorno-Karabakh conflict, saying that “sustainable democratic development will be extremely difficult in Azerbaijan as long as the country’s territorial integrity has not been restored.” The PACE also said it “takes note” of a recent UN General Assembly resolution that upheld Azerbaijani sovereignty over Karabakh and demanded an unconditional and immediate liberation of Armenian-occupied Azerbaijani territories. Armenian members of the PACE strongly opposed these provisions and tried unsuccessfully to remove them from the text.

PACE demands from the Armenian authorities to grant a broadcasting licence to A1+ TV station without further delay

*UPDATE (26 June 2008): Final version of PACE resolution does not include demands of granting a broadcasting licence to A1+ TV station "without further delay". In general, it has been substantially toned down, under the influence of Armenian parliamentarians:

"The Assembly recalls that there is a need for a pluralistic electronic media environment in Armenia and, referring to the decision of the European Court of Human Rights concerning the denial of broadcasting license to A1+, calls on the licensing authority to now ensure an open, fair and transparent licensing procedure, in line with the guidelines adopted by the Committee of Ministers of the Council of Europe on 26 March 2008 and with the case law of the European Court of Human Rights."

There are speculations that this is a result of some kind of behind the scenes deal between John Prescott, Council of Europe and Armenian authorities, to ensure Serj Sargsyan's administration compliance with the Resolution, while avoiding strongly worded open statements. The other possibility is that this is a consequence of John Prescott's continuing disastrous role as PACE rapporteur on the Armenian elections, in a new format. This guy should be kept away from anything related to democracy, human rights, as far as possible. If you doubt, ask anyone from the UK...

In a separate but related development, Raffi Hovhannisyan of the opposition Heritage party - the only opposition MP from Armenia in PACE - refused to participated in further PACE sessions until Armenia gets back into European track of development and comply with its obligations in terms of democracy and human rights. This move was strongly criticised by... yes, John Prescott.

***
"The Assembly takes note of the recent judgment of the European Court of Human Rights finding a violation of the European Convention of Human Rights in relation to the refusal of the Armenian authorities to grant a broadcasting licence to A1+ TV station. The authorities should now grant it a broadcasting licence without further delay, in line also with a long-standing demand of the Assembly."

From the draft Resolution of the Parliamentary Assembly of the Council of Europe (PACE) on Armenia, which will be approved tomorrow.
***

I mentioned in my relevant post that the importance of the European Court of Human Rights decision should not be underestimated. It was a victory for the freedom of speech, and victory for the shut down independent/pro-opposition A1+ TV station versus Armenian government. As this Resolution also proves, from now on this issue will feature prominently on Armenia's European agenda, and pressures on the authorities to grant a broadcasting licence to A1+ TV station will intensify.

PACE: Extended deadline for Armenian authorities - January 2009

Parliamentary Assembly of the Council of Europe (PACE) will approve tomorrow the Resolution extending a deadline for the Armenian authorities till January 2009 to fully comply with the PACE demands and Armenia’s European obligations. I personally consider this deadline way too long to meet 4 key demands: freedom of assembly; independent inquiry into 1 March events; release of political prisoners; and dialogue with the opposition. However, the wording of this document is pretty unpleasant for the Armenian authorities, and makes it clear that PACE will not get fooled by the imitation of reforms, or will it? Time will tell...

Regardless of PACE demands, what is clear is that there is urgent need for radical reforms and democracy in Armenia. I just cannot see any other alternative to it. And the urgency of releasing all political prisoners is as imminent as ever. Sooner the Armenian authorities will understand this, the better it will be for the country, and for the authorities themselves. I do not think a prospect of becoming a second 'Lukashenko' in Europe is particularly attractive for Serj Sargsyan administration.

Below is a summary of the Resolution, along with the selected excerpts on implementation of key European demands by the Armenian authorities. /emphasis mine/

Full text of the draft Resolution is available here

Summary
In Resolution 1609 (2008) on the functioning of democratic institutions in Armenia, the Parliamentary Assembly set out four concrete requirements for the resolution of the political crisis that ensued after the presidential election in Armenia and resolved to consider the possibility of suspending the voting rights of the Armenian delegation to the Assembly at the opening of the June 2008 part-session, if no considerable progress on the requirements was made by then.

In the present report, the Monitoring Committee welcomes the progress achieved by the Armenian authorities in addressing the Assembly demands but notes that, despite the political will expressed by the authorities, this progress is at present insufficient to meet the requirements outlined in Resolution 1609.

While regretting the delay in implementing the concrete measures to comply with the Assembly demands, the Monitoring Committee acknowledges that the time given to the Armenian authorities was short. It therefore proposes to the Assembly to review at its January 2009 part-session the extent of Armenia’s compliance with the requirements made in Resolution 1609.

If the requirements mentioned in Resolution 1609, as well as those set in the present draft resolution are not met by then, the Monitoring Committee proposes that the Assembly considers the possibility of suspending the voting rights of the Armenian delegation to the Assembly at the opening of its January 2009 part-session.
* * *

Freedom of assembly
The requirement that the 17 March amendments to the Law on Conducting Meetings, Assemblies, Rallies and Demonstrations be revoked in line with Venice Commission recommendations has therefore been met by the authorities. However, in article 8.4 of Resolution 1609, the Assembly demanded that freedom of assembly be guaranteed in both law and practice. The implementation of the law and the willingness of the authorities to allow opposition rallies without undue restrictions placed on them are therefore crucial to assessing Armenia’s compliance with this requirement of the Assembly.

Independent inquiry into 1 March events
The suggestion made in our previous report that this inquiry could be conducted under the aegis of the Human Rights Defender was, regrettably, not acceptable to the authorities. In our opinion, this is related to the Ad Hoc Report on the Presidential Elections and Post-Electoral developments which was published by the Human Rights Defender on 25 April 2008. In this report, he raises questions about the official version of the events of 1 March 2008 and he is highly critical of the response of the authorities towards the protests that ensued after the presidential election. [...]

The fact that 4 out of the 5 factions represented in parliament belong to the ruling coalition raises questions with regard to the possibility of the committee [Unzipped - newly established parliamentary committee for an inquiry into 1 March events] to conduct its inquiry independently and impartially. Opposition representatives raised concerns that, in practice, votes in the committee would be dominated by the ruling factions. Proposals by the opposition that the committee should be composed on the basis of parity between opposition and pro-government forces or, failing that, that the decisions in the committee should be taken on the basis of consensus, were rejected.

Invitations to provide experts to participate in the work of the inquiry committee were sent, inter alia, to the Council of Europe, the OSCE/ODIHR and the European Commission. We consider the participation of international experts essential to ensure the credibility of the inquiry. However, it is equally clear that international experts will only be willing to participate if the independence and impartiality of the inquiry committee is guaranteed.

Release of political prisoners
While we welcome the recent progress in meeting this requirement of the Assembly, we cannot consider that it has so far been satisfactorily met. The cases still under investigation should be either closed or transmitted to the courts with immediate effect. The cases against those principally accused of crimes under Articles 300 and 225 should be dropped unless there is strong evidence that these persons have personally committed acts of violence. In addition, it should be clear that a verdict based solely on a single police testimony, without corroborating evidence or independent witnesses’ testimonies, cannot be acceptable.

Important days for Armenia's political calendar in June

5 June - session of Armenian parliament where pro-Kocharyan (former Armenian president) circles plan to grill Armenian Human Rights Ombudsman over his highly critical to government report on 1 March violent crackdown on opposition movement following disputed presidential election in Armenia. Few days ago, Minister of Justice and Prosecutor General blast Ombudsman's report.

20 June - Armenian opposition movement led by former president Levon Ter-Petrosyan plans holding a rally in central Yerevan, Liberty sq. Opposition warns the authorities that regardless their approval rally will go ahead. It is aimed to coincide with the deadline set by Council of Europe for meeting PACE demands. I hope the authorities will be wise enough not to interfere and formally allow the rally. Special representatives of the Council of Europe will be in Yerevan in mid-June to monitor the progress (if any) in meeting Armenia's European obligations.

Demands for radical reforms in Armenia’s Public TV to meet country’s European commitments

Opposition Heritage party issued a statement today (ArmInfo), where as part of urgent steps to fulfil Armenia’s European obligations, reforms in Public TV and bringing back to air independent/pro-opposition A1+ and Noyan Tapan TV stations are stated as essential to prove government’s democratic commitments.

Interestingly, it’s more than a week that special commission set up by the incumbent president Serj Sargsyan to meet PACE demands compiled its recommendations (not made fully public yet) and passed it to the president office. However, time is passing and we have not heard anything back from Serj’s office, and essentially we have not seen any real steps as yet to prove that government is serious in meeting its European obligations.

Yerevan Press Club echoes opposition Heritage party by demanding urgent and cardinal reforms in Armenia’s Public TV. In a statement, issued today, leading local media watchdog spoke of “a particularly dangerous precedent for the free expression” which was “the application of preemptive censorship in Armenia during the period of March 1-20, 2008, while it is prohibited by the RA legislation and was not introduced by the President’s Decree on state of emergency or by any other official document.” Yerevan Press Club demands ending “the persecution of media for dissidence on any pretext. The political struggle cannot be turned into a campaign against democratic values; this increases the existing tension and endangers the future of the country.”

“After the adoption of PACE Resolution 1609, the critical remarks of a number of other international and local organizations about presidential elections and the post-election situation in Armenia, quite a lot of time has elapsed, yet there is an impression that the authorities of the country did not make appropriate practical conclusions. To rectify the situation Yerevan Press Club proposes the following priority measures that must be implemented during the upcoming one or two months:

1. During the parliamentary elections of 2007, the presidential elections of 2008 and also in the post-electoral period the National Commission on Television and Radio (NCTR), having a status of independent regulator and commissioned to “control the activities of TV and radio companies” (RA Law “On Television and Radio”, Article 37, Part 1) failed to comply with one of its main functions and failed to prevent violations of the RA legislation by most of the broadcasters. This problem was reflected in the ruling of the RA Constitutional Court of March 8, 2008 and in an extraordinary public report of the RA Human Rights Defender, published on April 25, 2008. In particular, the Constitutional Court stated that in the course of presidential elections of 2008 “the National Commission on Television and Radio displayed formalistic approach to the compliance with the legal requirements. As a result, the media coverage displayed not only partiality, but also, in some cases, violations of legal and ethical norms”. The preliminary conclusion of the International Election Observation Mission at the presidential election of Armenia, dated February 20, 2008, notes: “The National Commission on Television and Radio did not adequately fulfill its mandate to monitor compliance of the media with legal provisions.” The PACE Resolution 1609 of April 17, 2008 stresses directly: “The independence from any political interest of both the National Television and Radio Commission and the Public Television and Radio Council must be guaranteed. In addition, the composition of these bodies should be revised in order to ensure that they are truly representative of Armenian society. The recommendations made by the Venice Commission and Council of Europe experts in this respect must finally be taken into account.” In 2006 the report on the state of media freedom in Armenia by the OSCE Representative on Freedom of the Media recommended that the composition of these bodies “should represent the political and social diversity of the country, and should include NGOs and professional associations”.

Proceeding from what has been said, we insist on the need to implement within shortest time possible the legislative amendments to ensure the participation of various political forces, civil society in the formation of NCTR, and we urge the incumbent members of the National Commission to voluntarily resign. Through the formation of the new composition of NCTR - in a procedure, stipulated by profound legislative amendments - there will be an opportunity to fulfill the requirements of Article 83.2 of the RA Constitution, as well as the recommendations of the PACE Resolution 1609 of April 17, 2008.

2. During the past year the incompliance of the activities of the Public TV and Radio Company of Armenia with its status and mission became even more obvious. Ahead and during presidential elections of 2008 the news and current affairs programs of the public broadcaster provided one-sided information and did not comply with the requirements of the RA Law “On Television and Radio” about ensuring political plurality. Moreover, by its activities, the Public Television did not only fail to contribute to national accord, but also, on the contrary, incited mutual hatred. In the same way it continued to work during the post-election period. The abovementioned report of the RA Human Rights Defender notes: “A most vivid example of such unacceptable coverage (during the state of emergency - YPC) was demonstrated by the First Channel of the Public Television of Armenia, which not only neglected this provision of the Decree, but also once again made a grave infringement of the requirement of Article 28 of the RA Law “On Television and Radio”: ‘The prevalence of a political stance in the programs broadcast (...) on public television (...) is prohibited’.”

The whole responsibility for violating the legislation, the standards of public broadcasting, the professional norms lies on the Council of Public TV and Radio Company. We believe that in the Council, as a result of appropriate legislative changes, an equal representation of professionals is to be made - upon the nomination from both political forces at power and the opposition. This would serve to fulfill the recommendation of PACE Resolution 1609 of April 17, 2008: “(...) Apart from reforming the legislation, the authorities must take steps to ensure freedom and pluralism of the public television and radio on a day-to-day basis.” The first step towards the reformation of the public broadcasting of Armenia, in our opinion, can be also the voluntary resignation of the Council of the Public TV and Radio Company - in full composition.”

Trials and hearings continue in Armenia ahead of special commission report on meeting Armenia’s European obligations

Trials and hearings of detained opposition figures continue in Armenia. It is not clear yet how Armenian authorities are going to respond to PACE demands on release of all political prisoners. Special commission set up by incumbent president Serj Sargsyan prepared its recommendations (which should be based on PACE resolution), details of which will probably be known by Monday. Initial semi-official reports suggest that there will be lots of questioning as to whether commission’s recommendations will provide a real way for reforms and meeting of Armenia’s obligations before the Council of Europe, or it would rather be an imitation of reforms. However I will reserve my judgement till I read the official text.

Below is a schedule of trials and hearings of detained opposition activists for Monday 12 May 2008:

10:30 Gurgen Yeghiazaryan Court of Appeals, Yerevan (closed)
11:00 Tigran Baghdasaryan Court of Appeals, Yerevan (closed)

12:00 Petros Makeyan, Shota Saghatelyan, Ashot Zakaryan Gyumri

12:30 Khachik Gasparyan Kentron/Nork Marash Court Yerevan

Trials are open to the public unless otherwise noted. Be sure to bring a passport.

Opposition congress: 'Ready for a dialogue'

Effectively, leader of opposition movement, Armenia’s first president Levon Ter-Petrosyan expressed his readiness for a dialogue based on PACE recommendations: “While not accepting the legitimacy of a regime that seized power with such crude methods, we are ready to take into account the fact of its being a real political factor and to start political dialogue with it,” he said. “But we regard that dialogue not as a means for bringing one of the parties down on its knees but as an opportunity to implement real reforms in the country and to create a normal field for political activity.”

I do not think that Ter-Petrosyan should have directly stated that he accepts PACE call to opposition to recognise the Constitutional Court’s decision which approved the election results (“This should not be interpreted as the obligation to agree with the merits of the court’s decision.”). Fraud in elections was the main reason which sparked the protests, and ‘acceptance’ of its results for practical reasons to move forward cannot be considered as a precondition (and never presented as such by PACE) but rather a part of a final outcome of negotiations (with a package of measures aimed at democratisation of Armenian society). However, freedom to prisoners who were detained for political motives is essential to create a basis for a negotiated solution out of current political crisis in Armenia. This should not be a subject of formal negotiation process per se, but rather a necessary precondition, I would say the only precondition to put before the government.

How serious is Armenian government in terms of making necessary reforms and changes in accordance with the PACE recommendations, and engaging in a dialogue with the opposition, will be known on 10 May when a committee created by a decree of Serj Sargsyan will present its action plan.

Armenian presidential election - the biggest scandal in the Council of Europe

Russian Kommersant daily reports:

Yesterday the PACE (Parliamentary Assembly of the Council of Europe) spring session opened in Strasbourg. First the delegates discussed the recent Russian presidential election, unanimously acknowledging it unfair and unjust, and even tried to find measures to be taken against Russia. Nonetheless one shouldn’t rule out the possibility of taking measures against Armenia before it comes to Russia: Yesterday the presidential election in that country caused a big scandal in the PACE.

Row over Armenia

The biggest yesterday’s scandal concerned discussing the situation in Armenia. During the morning session, Britain’s John Prescott, ex-Deputy Prime Minister in Tony Blair’s government, delivered his report on the recent presidential election in Armenia, which was even less critical than that on Russia’s election. Mr Prescott stated that it complied with the standards of the Council of Europe. The lack of criticism about Armenia though roused the indignation of several delegates.

Hungary’s Zsolt Németh reminded that the Armenian election resulted in civil unrest, with 9 people killed. “The Council of Europe legitimizes the anti-democratic policy of the Armenian government! If we are unable to influence or change anything, let’s give up the practice of sending observers there! We need a thorough evaluation of the monitor missions,” claimed the excited Mr Németh.

Sweden’s Marietta Purbe-Lundin, member of the PACE mission to Armenia, described emotionally that in her presence vote fraud took place. “Hundreds of ballots for Levon Ter-Petrosyan were rendered to be for Prime Minister Serzh Sargsyan. The members of the electoral commission were aware of what they were doing and that I saw it, but they were far from embarrassed. There were Mr Sargsyan’s observers at the polling station, who so much threatened everyone there – my interpreter begged me not to make any remarks to them. I was so frustrated that couldn’t get a wink of sleep that night,” the parliamentarian complained.

Azerbaijan’s Samad Seidov was even more critical of Armenia, “Mr Prescott says that the Armenian election complies with the standards of the Council of Europe. What does he mean? Have murders become the standards of the Council of Europe? Here 9 people killed were mentioned, but no one recollected those died in jail, or thousands of political prisoners, including the members of the Armenian Parliament. Why is the world so closely watching the situation in Tibet, paying no attention to the arbitrariness in Armenia?”

Nevertheless, John Prescott and several other observers stated that the critics of Armenia’s election were too emotional and biased, whereas there were no shocking facts of electoral fraud registered.

All in all, the dispute is sure to continue. It was decided in the morning that ad hoc debates on Armenia be held Thursday, which means that the majority of the delegates rather disagree with the positive conclusions of Mr Prescott. More to the point, Russia’s representatives told Kommersant that the question of overhauling and confirming the credentials of the Armenian delegation might be raised during one of the forthcoming PACE sessions.

European monitoring Ago group outlines its 6-point proposal to defuse political crisis in Armenia

As you may notice, while in line with the general tone and overall recommendations made by the Parliamentary Assembly of the Council of Europe (PACE), Ago group proposal contains some important differences and is much more critical to the authorities.

Lragir.am reports:

The CoE Ago group arrived in Armenia on March 29 with an unprecedented delegation, which includes the delegates of 9 members of the Council of Europe. Since 2005 when it was set up the Ago Group has not visited Armenia with such a big delegation. This was stated by Per Sjogren on March 31 who held a news conference together with the foreign minister of Armenia Vardan Oskanyan. [...]

The recommendations of the Ago Group consisting of 6 points are directed at this. The first point is on the persons now kept at the penitentiary of the Center who were arrested in the post-election period or after March 1 and their families are not allowed to visit them. The group learned about this during their visit to the Center penitentiary. They have brought up this issue with the minister of justice and according to Per Sjogren, were assured that today the relevant agencies will solve this humanitarian issue.

The next point of the recommendations is that they endorse the calls of all the international organization to release the persons arrested for political reasons. Per Sjogren says Armenia is a member of the CoE, and a member of the CoE cannot have prisoners for political dissent. The European diplomat says it violates the commitments assumed on CoE membership and the European conventions.

The third recommendation of the Ago group is to the ministry of justice to regularly inform them about the release of prisoners and the procedures of trial of the arrested. Generally, with regard to the political prisoners the head of the Ago Group says it is a call, and a strong call and it is clear that this issue should be addressed urgently. The European diplomat says in Armenia they were at least assured that they will make necessary moves although the details were not discussed.

The fourth recommendation is an endorsement of an impartial, national investigation of the events of March 1. Per Sjogren says the details of the investigation is not their business but says it should not be carried out by one body, such as the office of prosecutor general but should be a national, comprehensive investigation which enjoys wide confidence.

The fifth recommendation of the Ago Group is on the amendments to the law on marches, demonstrations, rallies the National Assembly passed under the emergency rule, which actually prohibit marches, demonstrations, rallies in Armenia. The head of the Ago Group regrets that the bill was passed without consulting the Venice Commission. He said, however, that the Venice Commission has studied the law and has critical assessments which they have presented to the ministry of justice. The Ago Group was assured that the government will extend those assessments to the National Assembly.

Finally, the sixth recommendation of the Ago Group is a dialogue between the government and the opposition without preconditions.

The reporters noted that earlier the CoE had advised the opposition to accept the decision of the Constitutional Court which recognized the outcome of the presidential vote. They asked the head of the Ago Group why the six recommendations do not mention anything about it. Has the approach of the CoE regarding the Constitutional Court changed, or is the absence a misunderstanding? Per Sjogren said in this connection that dialogue is important because with regard to the point mentioned by the reporters it is important to launch a dialogue. The head of the Ago Group said their recommendations should be viewed in a long-term prospect.

*/emphasis mine/