ARMENIA 13

Arman Babajanian (far right), editor-in-chief of the oppositional Jamanak newspaper, defending himself during a trial against him. © Photolur

In its 2006 Freedom in the World re- Despite continued efforts by the in- port, Freedom House rated as be- ternational community to promote a ing “partly free.”1 The status of political peaceful settlement of the Nagorno rights in the country was given a score of Karabakh conflict, there was no concrete 5, and the status of civil liberties a score of progress in 2006. In an interview given to 4, on a scale from 1 (highest degree) to 7 pro-governmental media on 15 Decem- (lowest degree). The report concluded ber, President Robert Kocharyan said that that “Armenians cannot change govern- no resolution of the conflict should be ex- ment democratically.” pected prior to the May 2007 parliamen- At the end of the year, the government tary elections since an agreement could had yet to implement the recommenda- be “used adversely” by the political oppo- tions made by the Parliamentary Assembly sition. In light of this, the Helsinki Asso- of the Council of in resolutions ciation of Armenia deemed it unlikely that 1361,2 13743 and 14054, all of which were any steps forward would actually be tak- adopted in 2004. These resolutions en before the March 2008 presidential addressed a number of major human elections. rights concerns, including the use of force In July, the National Assembly ap- to disperse peaceful demonstrations in proved an amnesty on the occasion of the 2004, the continued assault on journalists 15th anniversary of the Republic of Arme- and human rights defenders, flaws related nia. As a result of this amnesty, more than to the conduct of the presidential and par- 300 convicts were released and about liamentary elections in 2003, as well as 400 had their sentences reduced, howev- various amendments required to be bring er, it was not applied to political prisoner. national legislation in line with internation- The last previous mass amnesty was im- al standards. plemented in 2001.

Unless otherwise noted, this chapter was researched and written by the Helsinki Association of Armenia. 14 ARMENIA

On 31 May, the National Assembly rat- Torture and ill-treatment in police ified the Optional Protocol to the Conven- facilities5 tion against Torture and other Cruel, Inhu- While civil monitoring groups had ac- man or Degrading Treatment or Punish- cess to other places of detention, no ac- ment (OPCAT), which entered into force cess was granted to detention facilities in on 22 June. police stations where most cases of ill- treatment and torture occurred. Such prac- Right to liberty, torture and inhuman tices were facilitated by the fact that de- treatment tainees were not properly registered and Psychiatric institutions their status remained unclear. The 2004 Law “On Psychiatric Servi- About 60% of the prisoners interview- ce,” which did not correspond to relevant ed by another civil monitoring group that international standards, regulated psychi- visited penitentiaries (see below) claimed atric treatment. A main concern of this law that they had been beaten at the time of was its provisions on compulsory treat- arrest or during interrogation at police sta- ment. According to article 23 of the law, tions. However, their injuries were record- “no one can be hospitalized without his/ ed either only superficially or not at all. her wish.” However, while the hospital ad- ministration was obliged to apply to court Prison conditions6 for permission to use compulsory treat- In a report on its findings from prison ment, patients could not leave the hospital monitoring in 2005, a civil prison monitor- until the court had made its decision or – ing group7 reported unacceptable condi- subsequently – appeal this decision. It also tions in Armenian prisons and especially in appeared that patients did not have access the Yerevan-Kentron facility. to a legal counsel to help with their cases, With a couple of exceptions, the qual- nor were any cases of appeal known to ity of food in penal institutions was unsat- have taken place. isfactory and conditions in prison kitchens During the year the Helsinki Associa- unsanitary. Medical care was inadequate, tion released a report documenting the fin- with centers understaffed and medicines dings of its monitoring work of psychiatric and medical equipment in short supply. institutions. As described by the report, During an unannounced visit to the most psychiatric institutions were housed Goris penal institution, the monitoring in dilapidated buildings in need of recon- team detected that a “special action” by struction and repair. While little daylight police troops had been carried out just a came in through the windows of the insti- weak earlier, subjecting inmates to cruel tutions because of large iron blinds, artifi- and inhuman treatment. cial light was also inadequate. Hygiene was poor: there were rare opportunities for ◆ On 29 April, a “special action” by Inte- patients to take showers (typically once in rior Ministry troops occurred when they 7-10 days), unclean bedding was used conducted a massive search in all cells of and toilets consisted of holes in the floor. the Goris facility. After all inmates had Food was poor and scarce, few – if any – been handcuffed and taken out of their activities for patients were organized, and cells, the searchers messed the cells and patients did not have access to a tele- took with them the inmates’ personal be- phone. Neither patients nor their relatives longings such as pictures of family mem- were duly informed about the treatment bers, documents, clothes and hygienic ar- employed. ticles, and cigarettes. The “action” was

HUMAN RIGHTS IN THE OSCE REGION IHF REPORT 2007 ARMENIA 15 accompanied by violence: at least five in- Freedom of expression and free media mates were subjected to cruel beatings Media landscape with rubber batons, kicks, and electro- While numerous oppositional print me- shocks. At least three reportedly lost con- dia outlets continued to operate, all elec- science. Some inmates bore physical tronic media were controlled either by the traces of abuse still a week after the inci- state or private persons loyal to the author- dent. No medical assistance was given to ities. Despite calls from the Council of Eu- them and their injuries were not officially rope and other international organizations, registered. Three victims were placed in the A1+ and Noyan Tapan TV stations, punishment cells and staged a hunger which were forced off air in 2002, were not strike to protest the violence and degrad- granted new broadcasting licenses. ing treatment. According to the head of The constitutional amendments the institution, the “action” was prompted adopted in 2005 increased the independ- by an argument between a convict and an ence of the National Commission on investigator from the military prosecutor’s Television and Radio (NCTR), the body in office. charge of issuing and revoking broadcast- ing licenses, by giving parliament the pow- With regard to the Yerevan-Kentron fa- er to appoint half of the members and the cility, which is located in the building of the president the power to appoint the other Armenian National Security Service (NSS), half (previously all members were ap- the monitoring team noted that it re- pointed by the president). This provision, mained unclear under which legal regula- will, however, only be applied in six years’ tions its detainees were held. The team time since the incumbent members of the stated however that its impression was NCTR were granted the right to stay in of- that the inmates were detained on crimi- fice until the end of their terms. nal charges but with underlying political motives (including opposition representa- Attacks on journalists tives that took part in anti-governmental Independent journalists were intimidat- rallies in April 2004), some were foreign ed, physically assaulted, arrested and pros- nationals, and others high-profile criminal ecuted on political grounds. The authorities cases. Although officially under the juris- failed to ensure the security of journalists diction of the Ministry of Justice, the facili- and bring to justice those responsible for ty in reality operated as a detention facility attacks on journalists. For example: of the NSS. ◆ On 30 January, at daytime, unknown In Yerevan-Kentron, the prisoners’ individuals stabbed David Jalalayn, a jour- communication with the outside world nalist working for the oppositional Hay- was severely restricted: they were almost kakan Jamanak newspaper. The general fully denied access to phones; their right to prosecutor initiated criminal proceedings private correspondence was not respect- into the incident, but the proceedings were ed; and they could read only a small se- discontinued two months later. lection of newspapers. Foreign nationals ◆ On 23 May, Taguhi Tovmassyan, a were not informed about their rights in a journalist with the independent Iravunk language that they could understand. In weekly was verbally abused and threat- addition, inmates and their legal counsels ened in the lobby of the parliament build- suspected that their conversations were ing by National Assembly deputy Aleksan- eavesdropped on. dr Sarkisyan, who is the brother of Minister

IHF REPORT 2007 HUMAN RIGHTS IN THE OSCE REGION 16 ARMENIA of Defense Serj Sarkisyan. No criminal pro- ◆ On the morning of 8 October, two un- ceedings were initiated. identified individuals assaulted Suren Abra- hamyan, a member of the oppositional Re- ◆ In the morning of 26 June, Arman Ba- public Party. The perpetrators knocked him bajanyan, editor-in-chief of the oppositional to the ground, and told him to “go and apo- Jamanak Yerevan newspaper was arrested logize.” Prior to the incident, Abrahamyan in his office for allegedly evading military had alleged that Prime Minister Andranik service. He was subsequently sentenced to Markaryan had ties to the criminal world. four years in prison on those grounds, but An investigation into the case was initiated. the sentence was reduced to 3.5 years on appeal. The charges against Babajanyan ◆ On 7 December, two unidentified per- were related to his absence from Armenia sons assaulted and beat Harutyun Arakel- in 2000-2006, during which time he avoid- yan, leader of the oppositional Ramkavar ed enlistment. However, by law, those who Azatakan (Liberal Democratic) Party. Eye have escaped military conscription by leav- witnesses reported that the assailants had ing Armenia can pay a fine and so avoid been waiting for Azatakan by the party of- criminal liability. The Helsinki Association fice several hours prior to the attack. The was not aware of any other case when this case was under investigation at year’s end. provision had not been applied. ◆ In the evening of 12 July, Gagik Sham- Conscientious objection shyan, a journalist with the oppositional Jo- New groups of Jehovah Witnesses we- rord Ishkanutyun newspaper, was assault- re arrested and imprisoned because of their ed by a group of persons led by the broth- conscientious objection to military service. er of the head of the Nubarashen district of As of the year’s end, 40 persons had been Yerevan. Prior to the incident, Shamshyan convicted since the beginning of the year, had written an article alleging that one of while another six were awaiting trial. the relatives of this district head had been involved in a bank robbery. A criminal in- Non-discrimination8 vestigation was opened into the assault, Since 2001, basing on Order No. 378 but was suspended without results. Instead by the minister of defense, homosexuality Shamshyan was charged with extortion. has been considered an illness and homo- The trial had not started by the end of sexuals unfit for military service despite the 2006. On 8 August, police officers had fact that homosexuality is not officially a searched his apartment without warrant, reason for exemption from military service. confiscated his passport and professional Many homosexuals voluntarily identified equipment, and sealed off the apartment, themselves as gay and asked to be exempt- preventing Shamsyan from entering it. ed from service, because they feared that, af- ◆ In the morning of 6 September un- ter “outing” themselves, they would become known persons assaulted and beat Hovha- targets of violence in the army, and be iso- nes Galajan, editor of the Iravunk newspa- lated from others servicemen (for instance, per. A criminal investigation was initiated others would not greet them, have meals to- but was subsequently discontinued. gether with them, etc.). Yet, there were also cases in which military draft offices sent indi- viduals claiming to be homosexual to psychi- Harassment of members of the political atric institutions, which subsequently issued opposition medical certificates stating that these individ- Opposition politicians were also vul- uals were “mentally disordered” and thereby nerable to intimidation and attacks. exempted from military service.

HUMAN RIGHTS IN THE OSCE REGION IHF REPORT 2007 ARMENIA 17

Homosexuals were also subjected to violence solely on grounds of their sexual orientation. ◆ On 22 January, a group of homosexu- al men was assaulted by officers guarding the French embassy in a park located close to the Italian and French embassies in Ye- revan. The guards beat the individuals with batons. No investigations were initiated into the case.

SOURCES FOR FURTHER INFORMATION: ➧ Armenian Helsinki Association ➧ Helsinki Committee of Armenia, at www.armhels.org

Other organizations: ➧ Civil Society Institute, at www.hra.am ➧ Internews, at www.internews.am/index.asp ➧ Helsinki Citizens’ Assembly - Vanadzor Office, at www.hcav.am/site/index.html ➧ Investigative Journalists of Armenia, at www.hetq.am/eng/ ➧ Women’s Rights Center, at www.spyur.am/wrc.htm ➧ Yerevan Press Club, at www.ypc.am/eng/

Publications: ➧ Helsinki Committee of Armenia, Observer: Human Rights in Armenia (“Ditord”), jour- nal on human rights, at www.armhels.org

Endnotes 1 The Freedom House report is available at www.freedomhouse.org/template.cfm?page= 22&year=2006&country=6912 2 Honouring of obligations and commitments by Armenia, (1362/2004), at http:// assembly.coe.int/Main.asp?link=http://assembly.coe.int/documents/adoptedtext/ta04 /eres1361.htm. 3 Honouring of obligations and commitments by Armenia, (1374/2004), at http:// assembly.coe.int/Main.asp?link=http://assembly.coe.int/documents/adoptedtext/ta04 /eres1374.htm. 4 Implementation of Resolutions 1361 (2004) and 1374 (2004) on the honouring of obligations and commitments by Armenia, (1405/2004), at http://assembly.coe.int/ Main.asp?link=http://assembly.coe.int/asp/search/pasearch.asp. 5 Based on Human Rights in Armenia: Armenian Helsinki Committee Annual Report 2006, January 2007.

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6 Based on Human Rights in Armenia: Armenian Helsinki Committee Annual Report 2006, January 2007. 7 The group was set up on 14 May 2004 on the basis of article 47 of the “Law on Holding the Detained and Arrested Persons” for the purpose of monitoring conditions in peni- tentiaries under the Ministry of Justice. The group was empowered to make unimpeded and unannounced visits to penal institutions, granted access to various documents, in- cluding prisoners’ personal records with their consent, and to meet with prisoners. 8 Based on information from the Armenian Helsinki Association and the Armenian Helsinki Committee, January 2007.

HUMAN RIGHTS IN THE OSCE REGION IHF REPORT 2007