January 2016

ITORDOBSERVER (70) HUMAND RIGHTS IN #ARMENIA1

Helsinki Committee of

The Project is implementedo with the support from DiiOpent Society Foundationsrd ITORD D OBSERVER

#1 2016 Project Director and Person in Charge of the Issue Mr. Avetik Ishkhanian

Graphic Designer Mr. Aram Urutian Helsinki Translator Mr. Vladimir Osipov Committee Photoes by Photolure of Armenia News Agency Helsinki Committee Of Armenia Non-govermmental Human Rights Organization State Registration Certificate N 1792 Issued on 20.02.1996

Re-registration 21.05.2008, then 09.01.2013 Certificate N 03 ² 080669. Print run 300 copies Address: 3a Pushkin Street, 0010 - , Republic of Armenia

Tel.: (37410) 56 03 72, 56 14 57 E-mail:[email protected] www.armhels.com

CONTENTS HUMAN RIGHTS IN ARMENIA IN 2015

Human Rights in Armenia in 2015 ...... 3

Referendum on Constitutional Amendments ...... 7 The Right to Freedom of Speech ...... 9 Freedom of Peaceful Assembly ...... 11 Torture, Violence and Political Persecution ...... 14 Freedom of Conscience and Religion ...... 20 Human Rights in Armenia 2015 REPORT

The REPORT has been drawn up by Helsinki Committee of Armenia in cooperation with Committee to Protect Freedom of Expression (The Right to Freedom of Speech Section), Collaboration for Democracy Centre (Freedom of Conscience and Religion Section) and Armenian Innocence Project (Issues of Life-termers subsection) non-governmental organizations

Helsinki Committee of Armenia 2016

DITORD/OBSERVER #1. 2016 2 Human Rights in Armenia in 2015

12 January 2015, the public felt tering a police wall the protesters turned rally Ondeep indignation and anger into a sit-in and stayed on Baghramyan because of a murder of 7 members of Avenue. Despite the participants' great Avetisyan family, including two young chil- excitement the rally went on without any dren, in the city of Gyumri. According to law calls for disturbance or violence. The next enforcement agencies, Russian border guards day, early in the morning the police dispersed detained the suspect in that murder Valery the rally by resorting to violence against the Permiakov, a military serviceman from the protesters and forcibly taking them to police Russian military base stationed in Gyumri, departments. while he was trying to cross the Armenian- The public response was not slow in com- Turkish border. On 13 January 2015 the ing and the very same day in the evening over Office of the RoA Prosecutor General issued 20,000 protesters again "captured" a statement, which said, inter alia, that the Baghramyan Avenue. Numerous parliamen- murder suspect Valery Permiakov is a tarians, politicians, public figures and people Russian Federation (RF) citizen and is held of art showed up from time to time in the area under the control of the RF law enforcement between the protesters and the police. agents; therefore, the issue of handing him Numerous journalists provided 24-hour cov- over to the RoA law enforcement agencies is erage of the sit-in, and foreign media regular- not discussed. That statement further ly reported about the developments. inflamed the public, whereupon a mass protest action was launched in Gyumri on 15 Demanding that the decision to increase January 2015 with a demand that Valery electricity tariffs be canceled, the rally partic- Permiakov be handed over to the RoA law ipants rejected 's invitation to enforcement agencies. A similar protest meet and to hold negotiations. Subsequently, action was also held in Yerevan in support of on June 27, the Armenian President made a the action staged in Gyumri. decision to have an international audit carried out of the Electric Networks of Armenia robably the most significant develop- Company. It was announced that until the end Pments of 2015 were protest actions of the audit the burden of the increase of the organized by the civic initiative "No to electricity tariffs will be taken care of by the Plunder!" against the decision made by the RoA Government. Even though the Public Services Regulatory Commission of President's decision did not satisfy fully the the Republic of Armenia to increase electric- protesters, their numbers dissipated. By July ity tariffs. The civic initiative's call unexpect- 6 there were only 500 participants of the sit- edly drew a considerable response, especial- in and the police dispersed them easily. ly from young people. On June 22, about 5,000 rally participants marched towards the RoA presidential palace. However, encoun-

3 DITORD/OBSERVER #1. 2016 he 12 February session of the Raffi Hovhannisian was held, where a deci- TExecutive Council of the ruling sion was made to hold a rally by the opposi- Republican Party of Armenia (RPA) was tion triad in Liberty Square at 4 p.m. on probably the most significant political devel- February 20. The City Hall announced that it opment, which was broadcast live by various had not taken into consideration the notifica- TV Companies. The entire focus of the ses- tion submitted by the three political parties sion was on the political about holding an urgent rally. On February party Chairperson, a member of the National 18, the Political Council of the Prosperous Assembly, the Chairperson of the RoA Armenia party issued a statement to declare National Olympic Committee, big business- cancellation of the rally scheduled for man . The Prosperous February 20 taking into consideration Armenia was the driving force extremely tense emotional state of the public in the opposition Alliance that had been set up and to avoid possible clashes. Then Gagik back in 2014 (the Alliance consisted of three Tsarukyan announced his withdrawal from political parties that had parliamentary cau- politics. A number of members, including cuses, viz. Prosperous Armenia, Armenian Vahe Hovhannisyan, Vardan Oskanyan and National Congress and parties, and others, left the political party. political forces that were not represented in the Parliament). The Alliance staged large ral- The Alliance disintegrated, while the lies both in Yerevan and in various regions of Prosperous Armenia party ended its opposi- the country, during which harsh criticisms tion stance and subsequently took part jointly were leveled at the Government policies as with the ruling Republican Party of Armenia well as at the proposed Constitutional amend- in the campaign to advocate adopting ments. Serzh Sargsyan subjected Gagik Constitutional amendments. Tsarukyan to severe criticism at the Council session making mention of the nickname, accusing him of ignorance, of a stance that 2013, right in the first year of his was not appropriate for a politician and recall- Insecond term in office the Armenian ing the rumors that implicated Gagik President Serzh Sargsyan unexpectedly for Tsarukyan in various criminal actions, includ- many citizens initiated the process of ing tax evasion, etc. Serzh Sargsyan also Constitutional amendments and set up a pro- declared that he would task the law enforce- fessional commission for Constitutional ment agencies and tax bodies to check the amendments. In 2014, the Commission sub- facts1. One day later Gagik Tsarukyan mitted the Concept Paper for the Republic of responded to Serzh Sargsyan with a speech Armenia Constitutional amendments that that contained quite a few harsh words. proposed transition to a parliamentary system of government. What was the motivation for On February 15, a meeting of the leaders this initiative, given the fact that the powers of the Prosperous Armenia, Armenian that be do not, as a rule, voluntarily limit their National Congress and Heritage parties power, if there is no pressure from below? Gagik Tsarukyan, Levon Ter-Petrosyan and It should be noted that having de facto unlimited powers the Armenian President has 1 Video material is posted at limitations on the term in office. As per https://www.youtube.com/watch?v=E1rTWeVndhw

DITORD/OBSERVER #1. 2016 4 Article 50 of the RoA Constitution, "the same parliamentary majority. If a stable parliamen- person may not be elected for the post of the tary majority is not formed as a result of the President of the Republic for more than two election, a second round of the election shall consecutive terms." be conducted. Given a "sad electoral tradition," which Thus, having served two terms in office has been established in Armenia, it is easy to the President retires to enjoy a well-earned visualize what methods will be used by the rest but loses all levers of power. We believe ruling Republican Party to secure the that this was probably the sole motive for required stable parliamentary majority. As Constitutional amendments since there is no regards the formation of other bodies of limitation on the term in office in the parlia- power (5 members of the Supreme Judicial mentary system of government and the same Council, Prosecutor General, Head of the political forces can, in theory, stay in power Special Investigation Committee, Human and their leader hold the position of the Prime Rights Ombudsman, Central Electoral Minister for an unlimited period of time. Commission, Cassation Court judges), they will be appointed by at least a three-fifths It is noteworthy that a similar statement majority vote of the total number of parlia- was made by the PACE (Parliamentary mentarians of the National Assembly. Assembly of the Council of Europe) delega- Considering the fact that the three-fifths con- tion that carried out an observation mission: stitute 60% and that the stable parliamentary "The core of the constitutional change - the majority required as per Article 89 will in all shift from a presidential to a parliamentary likelihood also constitute 60%, we will in system - was understood by too many citi- fact get not the classical parliamentary sys- zens as being a means for the current presi- tem of government but a system of govern- dent to remain in power after the end of his ment by one political party. In addition, the second (and what would have been final) judicial and law enforcement systems will be term."2 subordinated to that political party.

Do Constitutional amendments really The Draft Amendments to the Armenian guarantee democratic developments and sep- Constitution were made public on 15 July aration of powers in Armenia? In its 2013 2015. After brief debates, on October 5, the annual report Helsinki Committee of National Assembly of the Republic of Armenia addressed Armenia's political sys- Armenia adopted the decision "On giving con- tem and showed that the main cause of sent to holding a referendum on the Draft human rights violations was the absence of Amendments to the Constitution of the separation of powers3. Republic of Armenia." Based on that decision, on October 10, the Armenian President issued As per Article 89 of the proposed an order setting 6 December 2015 as the refer- Constitutional amendments, the election out- endum date. The referendum campaign was come should secure the formation of a stable officially launched on 10 October 2015.

2 Source: http://assembly.coe.int/nw/xml/News/News- View-EN.asp?newsid=5932&lang=2&cat=31 The public was given only about 2.5 3 See: http://armhels.com/wp- months to discuss the draft amendments to content/uploads/2014/01/Ditord-2014-01armNew.pdf

5 DITORD/OBSERVER #1. 2016 the Constitution. Were 2.5 months really suf- November 2015 the investigation of ficient to discuss the draft supreme law of Inthe said case was finished and the the land? What was the reason for this rush case was sent to court. As per the indictment, in adopting the new Constitution? May be one person was charged for committing an the reason was the next elections to the RoA action punishable under Articles 112 National Assembly scheduled for 2017so (Infliction of willful heavy damage to health) that the elections could be conducted accord- and 113 (Infliction of willful medium-gravity ing to the Electoral Code amended in line damage to health) of the RoA Criminal Code with the new Constitution. According the and other 5 persons were charged for com- Council of Europe Venice Commission's mitting an action punishable under Article Code of Good Practice on Referendums4, the 113 of the RoA Criminal Code. No charges Electoral Code should not be open to amend- were pressed against Surik Khachatryan's son ment less than one year before a referendum. Tigran Khachatryan. What is more, on 2 November 2015, Tigran Khachatryan was 2015, yet another high-profile inci- appointed an assistant to the Director of Indent occurred with the involve- Hayantar State non-commercial enterprise6. ment of the Syunik Regional Governor Surik Khachatryan's family. In the past, too, vari- ous incidents of violence with the involve- ment of Surik Khachatryan and his family members were known to the public. In 2013, the former mayoral candidate in the town of Goris Avetik Budaghyan was killed and his brother, a commanding officer of a military unit Colonel Artak Budaghyan sustained seri- ous wounds from gunshots fired from the area of Surik Khachatryan's house. Surik Khachatryan and his family members have not a single time been brought to criminal justice5.

On May 2, two brothers Harut and Mushegh Zakaryan, residents of Goris, sus- tained severe bodily injuries as a result of the 4 See: http://www.venice.coe.int/webforms/documents/default.a brawlin an area called "Sdghi gyol" in Goris, spx?pdffile=CDL-AD(2007)008-e with Surik Khachatryan's son Tigran 5 See: http://armhels.com/wp- Khachatryan being one of the participants. content/uploads/2014/01/Ditord-2014-01armNew.pdf 6 For a detailed description see: Harut Zakaryan sustained loss of vision in https://www.youtube.com/watch?v=3nf-i6rKpRk, one eye, while Mushegh Zakaryan sustained http://www.aravot.am/2015/05/05/568624/ , http://www.aravot.am/2015/05/11/570450/, fractures of maxillofacial, nasal and cheek http://www.azatutyun.am/content/article/27010396.html, bones. A criminal case was opened on May 4 http://www.azatutyun.am/content/article/27012288.html, http://www.aravot.am/2015/06/02/577892/ , in connection with the incident of hooligan- http://www.lragir.am/index/arm/0/right/view/115354, ism. http://168.am/2015/10/02/544672.html, http://www.aravot.am/2015/11/26/633113/

DITORD/OBSERVER #1. 2016 6 Referendum on Constitutional Amendments

in the previous (parliamentary, awareness raising campaign conducted As presidential and local) elections by NGOs because he is an elected conducted in Armenia, during the campaign Mayor and that his community residents prior to the Constitutional amendments refer- will vote as he will tell them to. 3 hours endum held on 6 December 2015 the misuse after the meeting 3 earlier registered of administrative resources and the abuse of observers refused from the observation mission reasoning that their participation power by the authorities made a significant can result in the loss of their jobs 10. impact on the outcome of the referendum.  Syunik Regional Governor Surik  At the 19 October 2015 session of the Khachatryan made statements to the executive body of the Republican Party effect that in the region headed by him he of Armenia (RPA) the RoA Prime Minister will decide the percentage of "yes" votes 11. was appointed a  On 22 October, a discussion of the chief of the RPA campaign headquarters Constitutional amendments was held in for the constitutional referendum. He was the Law department of Yerevan State tasked with organizing the referendum University. Only supporters of the pro- campaign activities. According to the posed amendments were on the panel, statement made by the RPA spokesper- including Gagik Ghazinyan and Gevorg son, the Prime Minister will not take a Danielyan, members of the commission vacation and will combine the responsi- that produced the Draft Amendments to bilities of the Prime Minister and of the the Armenian Constitution, who present- chief of the RPA campaign headquar- ed only the positive aspects of the Draft. ters 7. At the first meeting of the RPA In his interview in the aftermath of the dis- campaign headquarters for the constitu- cussion the Yerevan State University tional referendum other top-level officials, President Aram Simonyan declared that who are not members of the Republican there would be a follow-up to the event Party, were appointed as Deputies of the and that it was the University profession- headquarters’ chief Hovik Abrahamyan 8. als' duty to raise the teaching staff's and  There were media reports that from the students' awareness but that he would very first days of the campaign the not let anyone from outside the University Regional Governors had meetings with to come and advocate to vote "no." 12 Village heads and imposed on them an

obligation to secure a certain number of 7 Source: http://www.azatutyun.am/content/arti- "yes" votes 9. cle/27315713.html 8 Source: http://armlur.am/436691  On 6 November, during a discussion 9 Source: organized in the town of Meghri by http://www.chi.am/index.cfm?objectid=7CE13620-72A6- Transparency International Anticorruption 11E5-81980EB7C0D21663 Center NGO the Mayor of the town of 10 Source: http://www.media-center.am/hy/1448031890 11 Ibid. Meghri made a statement to the effect 12 http://www.azatutyun.am/content/article/27316749.html, that the town residents do not need the https://www.youtube.com/watch?v=cHcNnR7gZ5w, http://www.azatutyun.am/content/article/27321152.html

7 DITORD/OBSERVER #1. 2016 The results of the Armenia stations and it became clear that the number of voters who had voted "No" in Helsinki Committee's the referendum was greater than that of observation conducted in those who voted "Yes." Subsequently the observers registered that some commis- Electoral District sion members experienced health-relat- No. 7 of the referendum ed problems and several polling stations experienced rolling blackouts. All that led held on 6 December 2015 to a change in the voting results: the ccording to data compiled by recount of votes in several polling sta- observers, the referendum was held tions brought about an increase of "Yes" A votes in 13 polling stations; with gross violations13.  discrepancy in 3 polling stations between The following irregularities were record- the number of voters who cast a ballot ed during the observation mission: and the number of those who received ballot papers,  unscrupulous work or inaction of the  violation of the principle of voter's secret commission members in 22 polling sta- will expression by commission members tions, or proxies in 8 polling stations;  numerous instances of voting for another  presence of unauthorized persons in a person or of multiple voting in 18 polling voting room in 9 polling stations; stations,  bringing people to polling stations by taxi  ballot-box stuffing or attempts at stuffing cabs, minivans and other vehicles, over- in 6 polling stations, crowding, "instructing" voters and cam-  fake additional voter lists in 1 polling sta- paigning in 21 polling stations; tion,  vote buying with food stuffs in 1 polling  pressure on and threats to observers, station, proxies and reporters as well as obstruc-  inaccuracies in voter lists (voter lists con- tion of observers' activities in 10 polling tain names of deceased persons) in 3 stations, polling stations,  an election recount: the process of  policeman's presence in a voting room in repeat tabulation was initiated when ini- 3 polling stations. tial results were reported from the polling

13 http://armhels.com/2015/12/14/helsinkyan-komitei- zekuycy-hanrakvei-veraberyal/, Taking into consideration the above irreg- http://armhels.com/2015/12/06/ditordneri-grancats- ularities, Helsinki Committee of Armenia khakhtumnery/, http://armhels.com/2015/12/08/lconvel- e-aynkan-vorkan-anhrazhesht-e- noted in its report that those irregularities had eghel/http://armhels.com/2015/12/15/tesaketneri- made an essential impact on the outcome of khachmeruk-3/, http://armhels.com/2015/12/10/han- rakven-petutyan-himkeri-kaykayum/, the referendum. http://armhels.com/2015/12/08/lconvel-e-aynkan-vorkan- Other non-governmental organizations anhrazhesht-e-eghel/, http://armhels.com/2015/12/08/kveneri-hraparakman- that carried out an observation mission on the zhamanak-anjatvats-elektraenergian/, day of the referendum conducted in Armenia http://armhels.com/2015/12/08/ps-haghordman-hyury- avetik-ishkhanyann-e/, (primarily the Citizen Observer Initiative http://armhels.com/2015/12/06/yntrateghamaseric- which consists of about 18 NGOs and Civil mekum-yntroghy-glkharky-pokhel- e/http://armhels.com/2015/12/06/aghjiky-khostovanel-e- Society Institute NGO) also registered the vor-patrastvum-e-mek-ayl-tegh-kvearkel/

DITORD/OBSERVER #1. 2016 8 above-mentioned irregularities. During the works. According to him, he did not fit into referendum conducted on December 6 the many people's image of an acceptable observers from the Citizen Observer teacher16. Initiative and reporters videotaped numerous The representatives of the European violations14. Platform for Democratic Elections (EPFD) Also registered were numerous violations who were among the international observers of the rights of media people who were cov- declared that they had registered acts of phys- ering the referendum, including physical vio- ical violence against reporters and expressed lence and obstruction of legitimate profes- an opinion that due to the high number of sional activities. According to the Committee electoral violations and crime, including to Protect Freedom of Expression (CPFE), intimidation of voters and ballot box stuffing, two representatives of mass media (Rafael the referendum results do not reflect the free Afrikyan from iLur.am news web-site and will of the citizens and should not be consid- Eduard Avetisyan from Asparez daily) were ered legitimate17. subjected to violence. In other 13 incidents 14 https://www.youtube.com/watch?v=IeEvj9_Pyvwhttps: reporters' legitimate professional activities //www.youtube.com/watch?v=0jn67v_plkQhttps://www.youtu were obstructed.10 journalistic organizations be.com/watch?v=Ab7eiu33ZUs https://www.youtube.com/watch?v=eyIKA3UjtV4http://ar issued a statement condemning those inci- mhels.com/2015/12/11/teghamasum-kvearkel-ein- dents15. bacakayoghneri-pokharen/ http://www.aravot.am/2015/10/28/623247/, After the referendum, Karpis Pashoyan, a http://www.ilur.am/news/view/50014.html, teacher at school # 145 and a member of the http://www.ilur.am/news/view/45738.html#sthash.CEKeI yQP.dpuf http://hetq.am/arm/news/64321/zaruhi- "No" movement who on the referendum day muradyan-kes-zham-pahanjvec-or-stipem-ardzanagru- had opposed the violations at polling station tyun- kazmel.html10/23https://www.youtube.com/watch?v=Ab # 9/22, was dismissed from his job. In his 7eiu33ZUs&index=1&list=PL1LMnaKfGUzv_mUHBEIdD words, prior to the referendum he had from xDxVtTx5dSsE 15 Source: http://hetq.am/arm/news/64328/lragroxakan-10- time to time received a warning from the kazmakerputyunneri-haytararutyuny.html school administration because of his partici- 16 Source: pation in the "No" movement and of his notes http://www.a1plus.am/1424438.htmlhttps://www.youtube. com/watch?v=1k4aj9459BA of a political nature posted in social net- 17 Source: http://newsline.am/am/news/view/20487.html

The Right to Freedom of Speech

ear 2015 was a tense and complicat- ities and other unfounded restrictions that Yed period for Armenian media and pose a threat to freedom of expression. journalists. The year was unprecedented in In recent years the Committee to Protect terms of acts of violence against media peo- Freedom of Expression (CPFE) identified a ple, of numerous instances of pressure and of pattern of increased pressure brought to bear impediments to legitimate professional activ- on media outlets and on reporters and of vio-

9 DITORD/OBSERVER #1. 2016 lations threatening freedom of speech in the year, especially the 1 March events. environment of rising domestic political ten- Three instances of physical violence were sions, particularly at the time of elections, registered in the second half of this year. That rallies and civic movements. period of time was not favorable either for From that perspective, year 2015 was no media representatives. The conditions under exception. During that year there were which reporters worked deteriorated both numerous movements and rallies of civil during the campaign leading to the constitu- protest and it was in the course of those tional referendum and on the referendum day. events that the media and reporters found In particular, on 6 December 2015, the themselves in an extremely unfavorable situ- day that the constitutional referendum was ation. It should be noted that as in the past the held, 15 incidents were recorded. As men- problems were for the most part a result of tioned above, 3 of those incidents were acts actions of various Government entities, of physical violence, while 12 incidents were including law enforcement agencies. other obstacles to reporters performing their On the whole, in 2015, the CPFE regis- lawful professional activities. One instance tered 8 instances of physical violence against of obstructing reporters' performance of their reporters. It is noteworthy that 23 media rep- lawful professional activities was also regis- resentatives were victims in those incidents. tered during the referendum campaign. In particular, physical violence used On the whole, in 2015, the CPFE regis- against reporters in the course of the police tered 67 instances of various forms of pres- actions undertaken in early hours of June 23 sure brought to bear on mass media and its against the demonstrators protesting in representatives. That number is bigger by 24 Baghramian Avenue in Yerevan over electric- as compared to year 2014. 36 instances were ity price increase was unprecedented. On that registered in the first six months of 2015 and day 13 representatives of various media out- 31 instances were registered in the second six lets were subjected to physical violence. months. Other 11 media representatives encountered In 2015, the CPFE registered 30 instances other unlawful obstacles. of violations of the right to receive and Besides those acts of mass violence, 4 impart information (i.e. 17 instances more as more incidents of physical violence against compared to year 2014). Of these, 13 reporters took place. In the course of those instances were registered in the first half of incidents 7 media representatives became tar- 2015, while 17 instances in the second half of gets of an assault. the year. Thus, at least 20 reporters and cameramen were assaulted in the first six months of 2015 during 5 registered incidents of physical vio- lence. The number of attacks on media represen- tatives exceeds even the number of attacks over the same period of time in 2008, when 18 reporters became targets of assaults while covering the clashes in the aftermath of the presidential elections that took place that

DITORD/OBSERVER #1. 2016 10 Freedom of Peaceful Assembly

ear 2015 was marred by numerous ted, as regards 48 notifications were not sub- Yviolations of the right to freedom of mitted, while 8 assemblies were spontaneous. assembly. As compared to 2014, the number Numerous instances of violence were of incidents when police dispersed or observed in the months of January through obstructed peaceful assemblies and used June. excessive force and violence against the par- ticipants increased. The police made unjusti- On January 15, in Gyumri the partici- fied detentions of the participants of peaceful pants of the rally that was staged near the assemblies. The detentions aimed to disrupt building of the Prosecutor General's Office in the assembly in question as well as to Shirak region started marching towards the obstruct the participants' participation in Consulate of the Russian Federation with a future rallies. During the rallies observed in demand that the Russian side should hand 2015, 483 instances of the participants being over to the RoA law enforcement agencies forcibly taken to police departments were Valery Permiakov who had been charged registered. 30 instances occurred during the with a murder of the Avetisyan family com- 15 January candlelight ceremony held in mitted in Gyumri on January 12. The police Liberty Square, 237 on June 23, 46 on July 6 wall blocked the marchers near the Consulate and 48 on September 12, when the police building thereby triggering clashes. As a were dispersing the rallies staged against result, 14 individuals (9 rally participants electricity price increases. In all those cases and 5 policemen) were taken to healthcare the police terminated the rallies by forcibly institutions18 and 21 rally participants were taking the participants to police departments. forcibly taken to police departments19. 2 Other instances of detention were not related criminal cases were instituted in connection to the termination of rallies. with the incident and charges were brought Both the civic initiative "No to Plunder!" against the resident of Sarnaghbyur village (which was founded in 2014) and new civic Mnatsakan Alexanyan20. On the same day, in initiatives ("Rise up, Armenia!", "You won't the course of the candlelight ceremony held hold it!" etc.) as well as political associations in Liberty Square in Yerevan to commemo- ("Constituent Parliament", "The Front of 'No'") rate the murdered Avetisyan family the deten- and groups that have the same social and legal tions made by the police were accompanied problems (employers of "Nairit" factory and by numerous acts of violence against the par- "-ChemIndust" enterprise, tradesmen protesting against the Law on turnover tax, 18 Source: http://www.a1plus.am/1359946.html etc.) were main organizers of the rallies. 19 Source: http://www.azatutyun.am/content/arti- cle/26797509.html From January to December 2015, the 20 Source: http://hetq.am/arm/news/58496/mnacakan-ale- Helsinki Committee of Armenia observed qsanyanin-mexadranq-e-arajadrvel.html 21 For detailed description of the incident see 111 peaceful assemblies. As regards 55 of http://armhels.com/2015/01/21/haytararutyun-hunvari- those assemblies notifications were submit- 15in-teghi-unecats-boghoki-zangvatsayin-mijocarumneri- veraberyal/

11 DITORD/OBSERVER #1. 2016 ticipants21. Some rally participants were throwing eggs at the participants. Despite the detained by plainclothes policemen. In con- demonstrators' calls the police did not inter- nection with the incident, on 28 January 2015 vene. The police intervened only when the RoA Special Investigation Service insti- Hrachik Mirzoyan, one of the demonstrators, tuted a criminal case, which, however, was was stabbed with a knife25. He was taken dismissed on 14 October 2015. from the assembly location to a hospital and then to a resuscitation unit. H. Mirzoyan On January 31, 2015, a car convoy to underwent surgery and his spleen was Mountainous Karabagh organized by the removed. A criminal investigation of the case 'Constituent Parliament' political movement was launched under Article 112 of the RoA was stopped in Berdzor village by the police Criminal Code ("Infliction of willful heavy and a group of unknown persons. A video damage to health"). recording posted on the Internet clearly shows how the police and the above-men- Within the framework of its initiative tioned unknown persons blocked the con- "The Centennial without the regime" the voy's entry to Mountainous Karabagh, sub- Constituent Parliament announced that it mitted the participants to brutal beating using would hold an assembly on April 24. The truncheons and smashed the glass of the par- member of the Constituent Parliament ticipants' cars22. The car convoy participants Varuzhan Avetisyan submitted notification to Anushavan Shahnazaryan, Mkhitar the Yerevan City Hall about holding an Avetisyan and Kerob Ghazaryan sustained assembly in a square close to Erebuni muse- bodily injuries and were taken to a hospital. um from 3 to 10 p.m. on April 24. The The police of the Republic of Mountainous Yerevan City Hall took note of the informa- Karabagh (RMK) explained their actions by tion about the assembly but at the same time the fact that the general public in Artsakh put a restriction. However, on 7 April, 5 mem- reacted negatively to the Constituent bers of the Constituent Parliament were Parliament's car convoy and the police detained and their apartments searched. actions aimed to prevent possible violations According to the statement issued by the RoA of law23. Investigations Committee, a criminal investi- In the morning of February 5, members of gation was launched against them under the Constituent Parliament wanted to bring Article 225 of the RoA Criminal Code ("Mass to Republic Square the cars damaged in disturbances) and remand in custody was cho- Berdzor. It was planned to hold an open-air sen as a measure of restraint26. Subsequently, press-conference in Republic Square. The on May 4, the measure of restraint was police removed the cars and forcibly took changed and they were released on the condi- two members of the Constituent Parliament Gevorg Safaryan and Hayk Grigoryan to the 22 The video material is posted at police department24. https://www.youtube.com/watch?v=nbF33yx8jpo 23 The official statement by the police is posted at http://www.police.nkr.am/news/view/%D5%B0%D5%A1 On March 28, 2015, during an assembly %D5%B5%D5%BF%D5%A1%D6%80%D5%A1%D6%8 0%D5%B8%D6%82%D5%A9%D5%B5%D5%B8%D6% held in Gyumri by the Constituent 82%D5%B65.html Parliament a group of people started 24 Source: http://www.aravot.am/2015/02/05/539238/ obstructing the assembly by whistling and 25 Source: http://www.aravot.am/2015/03/28/555514/ 26 For details see: http://www.aravot.am/2015/04/07/558706/

DITORD/OBSERVER #1. 2016 12 tion that they would not leave the city. As in previous years, the police pursued The next incidents of violence, this time the policy of concentrating the maximum against parents of the military servicemen possible number of policemen on rally sites whose deaths were not combat-related, were and in nearby areas. In some cases the num- registered on February 11 and May 13, ber of policemen even exceeded that of rally 2015. Policemen forcibly drove them away participants. from the RoA presidential palace to the oppo- site sidewalk of the street27. During the rally and sit-in staged by Rise up, Armenia! civic initiative and launched on Mass-scale police violence against partic- July 27 there were 30 participants and 350 ipants of peaceful assemblies was registered policemen on site, while on September 1 dur- when policemen were dispersing the rally ing the rally staged by No to Plunder! civic and the sit-in staged on June 22-23 to protest initiative in Baghramian Avenue there were against electricity price increases. The police 100 participants and 340 policemen. used special means, including water cannon, to disperse the rally and to forcibly take 237 A disproportionately large number of rally participants to police departments using policemen was on site of the rally-sit-in excessive force and violencein many launched on December 1 in Liberty Square instances. Plainclothes policemen also took by the New Armenia public Salvation Front. part in detaining the protesters. The rally par- From time to time the rally participants ticipants who had been forcibly taken to would organize marches towards the Central police departments announced later that they Election Commission office, the RoA had been detained on suspicion of having Government Building and the office of the committed acts of hooliganism but had been Republican Party of Armenia. However, the interrogated as witnesses and had been held police would block the roads and thus restrict in police departments for up to 12 hours. the movement of the participants and would Policemen also brought forcibly 11 reporters not allow them to approach those buildings. to police departments. 9 of those reporters Plainclothes policemen were present almost were subjected to violence. The reporters all the time on the sit-in site. Even though the who had been forcibly taken to police depart- RoA Law on Police states that while ensuring ments noted that many of them were hit and maintenance of public order, it is mandatory in some cases their video cameras and for policemen to always wear a uniform and badges had been taken away. In some cases identification insignia, non-uniformed the video cameras were returned without policemen were present at numerous rallies memory sticks, while in some other cases the and during the dispersal of the January 15 video cameras were smashed or seized .Even and June 23 rallies they even detained the though the RoA Special Investigation participants. Service instituted a criminal case on 2 July

2015 in connection with the use of violence 27 For detailed description of the incidents see: by the police and obstructing the profession- http://armhels.com/2015/05/13/brnutyun-havaki-masna- al activities of journalists, so far not a single kicneri-nkatmamb/ 28 ¸»åùÇ Ù³Ýñ³Ù³ëÝ Ýϳñ³·ñáõÃÛáõÝÁ` policeman has been brought to criminal jus- http://armhels.com/wp- tice. content/uploads/2015/07/%D5%80%D5%A1%D5%BE% D5%A5%D5%AC%D5%BE%D5%A1%D5%AE.pdf

13 DITORD/OBSERVER #1. 2016 Torture, Violence and Political Persecution

Police RoA Police as well as other top-ranking police officials often declare that they he Criminal Code definition of the instructed police department to no longer use Tcorpus delicti of torture was not con- violence and that instances of violence have sistent with the criteria proposed by the UN disappeared. Helsinki Committee of Armenia Convention against Torture and Other Cruel, conducted a study in February-April 2015 Inhuman or Degrading Treatment or targeting the detainees held in penal institu- Punishment. That was also one of the reasons tions of the RoA Ministry of . The why no criminal cases were opened in objective of the study was to find out whether Armenia regarding the corpus delicti of tor- the situation in police departments had ture. Under earlier legislative regulation, an changed as compared to 2013. 60 arrested official could not be regarded as a person individuals were surveyed. The study showed committing torture. Therefore, even if crimi- that violence is still used in police depart- nal investigation was launched, it was ments. Physical violence or psychological launched on the grounds of abuse of power. pressure was used against 15 respondents In a number of its judgments concerning while they were in police or investigations Armenia (Virabyan v. Armenia, Nalbandyan departments. The detainees were beaten, v. Armenia and in a number of others) the shoved, handcuffed, kicked and punched and European Court of Human Rights (ECtHR) violence was accompanied with verbal abuse recognized violation of Article 3 of the and threats. In 11 cases violence was used to Convention making it incumbent on the extract a confession, while in 4 cases it was Republic of Armenia authorities to take used for retaliation. 30 respondents did not measures aimed at enhancing effectiveness in have a defense attorney. combating tortures. To comply with the com- mitments, on 9 June 2015 the RoA Criminal Code was amended and a new Article (309.1) was added. This term "torture" defined in this The system of penal Article is in line with the definition contained institutions in the UN Convention. As Helsinki Committee of Armenia stated vercrowding has been a problem for in its Treatment of detained persons in police Omany years in penal institutions in departments Report published in 2013, in Armenia. The situation is particularly grave police departments persons are subjected to in Nubarashen penal institution, where up to torture and inhuman or degrading treatment, 20 inmates are held in the cells designed for which take the form of physical as well as 8 inmates. psychological violence29. The Head of the In April 2015, the group of civic 29 The Report is posted at http://armhels.com/wp-con- observers for conducting monitoring in the tent/uploads/2013/04/zekuyc-2013.pdf RoA Ministry of Justice penal institutions

DITORD/OBSERVER #1. 2016 14 met with G. Safaryan, who was held in Issues of life-termers Nubarashen penal institution, and then issued a statement that in the cell, where G. 22 October 2015, Soghomon Safaryan was kept, there were 8 beds and 1 On Kocharyan, who had been serv- divan for 15 inmates. ing a life imprisonment sentence, was released from prison by the court judgment The Nubarashen penal institution inmate handed down on the grounds of serious dis- Hayk Kyureghyan's father30 made a state- eases that he had. That was the first time in ment on 11 December 2015, in which he the history of independent Armenia that a noted, inter alia: "Hayk Kyureghyan has life-termer was released from prison and did been on a hunger strike for 24 days already. not have to serve the remaining part of the While in prison, Hayk has acquired serious sentence. He was diagnosed with a serious health problems. Even though a non-smoker, disease that, according to the Government Hayk acquired chronic cough and developed Decree ¹ 825-N of 2006, impedes serving an allergy to smoke because he has been held the sentence. Soghomon Kocharyan died 15 in an overcrowded and closed cell, where the days after he had been released from prison. number of inmates (17) three times exceeds Over the last year his family from time to the norm, the inmates sleep in turns and prop- time spoke publicly about the necessity of er ventilation is absent, resulting in air transferring him to a hospital. However, he hunger. After relatives lodged a request, was taken to Erebuni medical center for treat- 31 Hayk received insufficient medical treat- ment only on 18 August 2015 . ment, which was terminated on the grounds that the institution "does not have a relevant Another inmate sentenced to life in specialist." prison, Karen Boyajyan, died in Erebuni medical center on 10 November 2015.Karen In 2015, inmates Volodya Avetisyan and Boyajyan had been in the Convicts' Hospital Liparit Petrosyan held in Nubarashen penal penal institution since July 2014. He had a institution in overcrowded cells turned to chronic disease that, according to the court with the demand to recognize the fact Government Decree ¹ 825-N of 2006, of violation of rights and to restore the violat- impedes serving the sentence. However, he 32 ed right. In Volodya Avetisyan's case up to 8 was not released from prison . Those two inmates were held in a cell with an area of cases prove that the system for releasing con- 15-20 square meters, while in Liparit victs who have a disease incompatible with Petrosyan's case up to 15 inmates were held serving the prison term does not operate effi- in a cell with an area of 30 square meters. In ciently in Armenia. both instances the courts did not accept the cases and did not review them. The superior As per the RoA Criminal Code, in case of courts rejected appeals to take cases for criminal offenders of up to 18 years of age the review. maximum prison term is set at 18 years. In case 30 For information about Hayk Kyureghyan see Violence and Political Persecutions section. 31 See: http://armhels.com/2015/11/09/soghomon- kocharyany-15-or-apres-azatutyan-mej/ 32 See: http://armhels.com/2015/11/11/yerek-mahacats- dapartyaly-evs-petk-e-minch-ayd-azatvats-liner/

15 DITORD/OBSERVER #1. 2016 of an older person the latter can be sentenced to though the legislation establishes that a life life in prison. We believe that in Armenia, like termer is entitled to a conditional early in many civilized countries, a juvenile justice release upon serving 20 years of his sentence. system should start functioning and the RoA About 10 life termers have already served Criminal Code should be amended so that that period of time; however, not a single one young people would not be given a sentence of of them has been granted a conditional early life in prison but would be sentenced to a cer- release. We believe that clear-cut mecha- tain time in prison for up to 20 years. nisms should be designed for the conditional early release system that would give an Article 102 of the RoA Penitentiary Code opportunity for life termers to get a condi- outlines the cases when the type of penal insti- tional early release. An obligation to compen- tution for executing the sentence can be sate the damage to an aggrieved party could changed. As per the Article, the convict who be incorporated in those mechanisms. has been sentenced to life imprisonment and who is serving his sentence in a closed penal So far in Armenia the material evidence institution can be transferred to a semi-closed in criminal cases is destroyed after the judg- penal institution upon serving at least 20 years ment takes effect. That does not make it pos- of the imposed sentence. We believe that short- sible to make a DNA analysis based on the er periods of time should be set for changing latest progress in science and to re-open the the type of penal institution. For example, a life criminal cases of potentially innocent con- termer should have an opportunity for transfer victs on the grounds of new evidence. Even to a semi-closed penal institution after serving though the Draft RoA Criminal Procedure 15 years of his sentence and to a semi-open Code includes a new provision (in Article penal institution after serving 18 years of his 100 paragraph 2), according to which in case sentence. The draft law has been discussed for of crimes that endanger life or health the about 4 years in the RoA National Assembly material evidence shall be preserved, and but has yet to be passed. The proposed amend- even though the Draft Code has been in cir- ment is substantiated by the fact that at present culation for about 3 years, nevertheless, it has a life termer can be transferred to a semi-closed not taken legal effect so far, while material penal institution upon serving 20 years of his evidence is destroyed as before. sentence and that the same 20-year period of time is set for a conditional early release. The necessity of changing the type of prison regime Armed forces can be accounted for by the fact that by the 2015, Helsinki Committee of time they will have served 20 years of their In Armenia conducted in the armed sentence the life termers would have been forces a study of prevalent customs and of the through semi-closed and semi-open regimes. conformity of relations to the Regulations. That would give an opportunity for their grad- The goal of the study was to find out how ual integration into the society as well as an prevalent customs affect servicemen's behav- opportunity to assess their behavior. ior and what consequences they might lead to. In line with the study goal, interviews In Armenia, the conditional early release were conducted with 25 demobilized service- system is not applied to life termers, even men who served in different military units in

DITORD/OBSERVER #1. 2016 16 2012-2015. The findings indicate that in their percent of the interviewed demobilized ser- everyday lives the servicemen had for the vicemen pointed out that they had been beat- most part striven to avoid complying with the en by a commanding officer and that beatings requirements set by the Regulations and fol- had been accompanied with harshly insulting lowed instead the unwritten rules that exist in language. that environment. When a serviceman would comply with the requirements of the In his Report published on 10 March Regulations of his own will that would be 2015, the Council of Europe Commissioner met with opposition from his fellow service- for human rights Nils Muižnieks discussed men and would cause rows with them. The the facts relating to gross violations of human same attitude is shown towards those service- rights in the army and to unfair trials. The men who report arguments and incidents to Commissioner noted with regret that acts of commanding officers. It is noteworthy that non-combat violence, sometimes resulting in the higher the rank of the commanding offi- deaths, continue to occur in the Armenian cer the graver the "misdeed" the reporting is army. He called upon the Armenian authori- regarded. ties to intensify their efforts to tackle this problem effectively. According to the Report, The customs prevalent in the army are the Commissioner was concerned by the per- often used by officers by cultivating the so- sisting reports regarding the lack of effective called "privileged soldiers." Those soldiers investigation of military servicemen's deaths who are a respected authority among fellow and the fact that in some cases the investiga- servicemen are often granted numerous priv- tions take an extremely long time33. ileges by commanding officers in exchange for maintenance of order in the military unit From 1997 on, the parents of the military and controlling servicemen's behavior. In the servicemen who died non-combat deaths course of the interviews numerous incidents have been staging from time to time protest were mentioned when commanding officers actions near various government agencies had not so much as reprimanded the "privi- demanding that a fair and impartial trial be leged soldier" who had taken part in a row held of cases of their dead sons. The criminal between servicemen. In fact, with the use of cases opened in connection with deaths of "privileged soldiers" commanding officers military servicemen, in particular Arayik transfer the servicemen's behavior from the Avetisyan (2001), Tigran Ohanjanyan Regulations field to that of the customs (2007), Arthur Ghazaryan (2009), Valerik prevalent in the unit, establish non-statutory Muradyan (2010) and Arman Muradyan subordination between them and control it. (2013), have not been brought to successful completion yet, while perpetrators of crimes The prevalent customs have a consider- have not been identified yet. able impact on how responsibility is appor- tioned to the servicemen who have commit- According to the official data, 57 deaths ted an offence. The most widespread are of military servicemen were registered in beatings and prohibiting or obligating ser- 2015. Of those, 38 deaths were caused by the vicemen to do something through the use of violation of the ceasefire regime (sniper harshly insulting language and threats. 25 33 Source: http://forrights.am/?ln=1&page_id=14&id_=4:

17 DITORD/OBSERVER #1. 2016 shots, enemy special forces incursions and to a hospital, where stitches were put in his other actions), 2 deaths were the result of a head. In a conversation with reporters Vilen car accident and 2 deaths were caused by a Gabrielyan claimed that the incident was relat- disease. Other deaths include 1 murder and 6 ed to his civic activism and political views and cases of suicide or causing a person to com- pointed out his severe criticisms of the author- mit suicide, 4 accidents, 3 cases of violation ities and particularly Head of the Police of the rules of an active military service and . He also said that threats 1 landmine explosion34. of revenge for criticizing Vladimir Gasparyan According to Helsinki Citizens' Assembly were disseminated through Facebook social Vanadzor Office, in the period from January network. He learned about it from his friends. to December 2015, 76 deaths of military ser- In connection with the assault, Vilen vicemen were registered in the RoA armed Gabrielyan notified the police. On 30 January, forces and in the Defense Army of the the Yerevan city Kentron and Nork-Marash Mountainous Karabakh Republic. As com- administrative districts Investigations pared to year 2014, the number of deaths Department of the Investigations Division of increased by 30. Of the deaths registered in the city of Yerevan opened a criminal case in 2015, 41 deaths occurred as a result of the connection with the physical attack on Vilen violation of the ceasefire regime, 3 deaths Gabrielyan. Talking to reporters in March, were cases of homicide (1 murder and 2 cases Vilen Gabrielyan said that there was no of violation of the rules of an active military progress in solving the case and that only service), 6 deaths were cases of suicide or experts examinations were made. Later on, the causing a person to commit suicide, 1 case criminal case dealing with violence against was related to violation of the rules of an Vilen Gabrielyan was dismissed35. active military service, 21 deaths were the During the Pan-Armenian Games held in result of accidents (including 19 deaths August 2015 23-year-old activist and student because of a vehicle crash, 1 because of hand Suzy Gevorgyan was disseminating leaflets grenade explosion, 1 under the circumstances which said that the country was subjected to that have not been ascertained yet) and 4 forced emigration, that "white" Genocide deaths were health problems-related. was taking place and that we will soon lose the motherland. Using the leaflets she urged young people from the Diaspora to join the Violence and Constituent Parliament movement. In Suzy political persecution Gevorgyan's words, she was followed for uring 2015, a number of acts of vio- several days by policemen, while at 11 p.m. D lence were committed by police and on August 31 several individuals in civilian by unknown persons against civic activists. clothes physically attacked her near the entrance to her home and then threatened her In the evening of 17 January 2015, a group and ran away. Suzy Gevorgyan claims that it of masked people physically attacked civic was plainclothes policemen who assaulted activist Vilen Gabrielyan in Koghbatsi Street her. Even though there was media coverage who goes by the name of "boat rocker" in 34 Source: http://www.azatutyun.am/content/arti- social networks. Blows were dealt largely to cle/27498714.html his face and head. Vilen Gabrielyan was taken 35 Source: http://www.aravot.am/2015/03/09/549613/

DITORD/OBSERVER #1. 2016 18 of the incident, the police, however, did not the case. On November 3, a confrontation open a criminal case36. meeting was organized for Smbat Hakobyan with Ruben Hayrapetyan, during which the On 7 February 2015, masked men kid- latter accused the former of giving a false tes- napped the Prosperous Armenia political timony. Details about the meeting were not party member Artak Khachatryan and for reported38. several hours submitted him to beatings. Unconscious and with numerous bodily Smbat Hakobyan keeps as evidence the injuries Artak Khachatryan was found near transcript of the telephone call with threats his home. Artak Khachatryan was a coordina- against him. He left the investigation of his tor of the Suspension civic movement and case to relevant bodies39. was taking an active part in protest actions against the Law on turnover tax. While a criminal case was opened in connection with The follow-up on the incident, it was subsequently suspended. the 2014 court cases In the aftermath of the incident Artak 27 November 2014, at about 6 37 Khachatryan left Armenia . Onp.m. a group of unknown indi- viduals attacked the Constituent Parliament On September 21, the Freedom Fighters member Gevorg Safaryan in Khanjyan Street Alliance member Smbat Hakobyan was and hit him from behind. As a result of the physically attacked after the march staged by assault, Gevorg Safaryan was taken to a hos- Hayazn political party. He was discovered pital injured and unconscious40. The criminal covered in blood in Abovian Street. In con- case opened in connection with the incident nection with the incident a criminal case was was suspended "on the grounds that the indi- opened Under Article 113 part 2 paragraph 3 viduals who would be investigated as the of the RoA Criminal Code (Infliction of will- accused are not known."41 ful medium-gravity damage to health by a group of persons or by an organized group). On 11 December 2014, Aram Manukyan, Three individuals who had assaulted him the parliamentary group Secretary of the were detained. One of them was released on Armenian National Congress political party, the grounds of having health-related prob- was physically attacked near the entrance to his lems. The perpetrators explained their actions home. He received an out-patient medical treat- by the fact that Smbat Hakobyan had alleged- ment for several months to restore his health. ly used offensive words as regards the RoA However, according to the conclusion of the President Serzh Sargsyan. However, Smbat Hakobyan denies doing that. Smbat 36 Source: http://www.aravot.am/2015/08/22/601660/ Hakobyan also declared that the President of 37 Source: http://www.a1plus.am/1404717.html 38 Source: http://www.aravot.am/2015/11/04/625468/ the Football Federation of Armenia Ruben 39 Source: http://www.azatutyun.am/content/arti- Hayrapetyan had called and threatened him. cle/27281792.html Smbat Hakobyan claims that that was politi- http://www.aravot.am/2015/10/01/614534/ 40 For details see Violence section of the HCA Human cally motivated retribution. He accused Rights in Armenia in 2014 Annual Report Ruben Hayrapetyan of the attack. Ruben http://armhels.com/wp-content/uploads/2015/02/Ditord- 69-Arm.pdf Hayrapetyan was recognized as a witness in 41 http://www.aravot.am/2015/12/23/642575/

19 DITORD/OBSERVER #1. 2016 expert examination, Aram Manukyan had ties) and Article 258 part 4 (Hooliganism) of received light bodily injuries. A criminal case the RoA Criminal Code. On 15 September was opened in connection with the incident 2015, the first instance court sentenced Hayk under Article 117 of the RoA Criminal Code Kyureghyan to 9 years in prison. The sen- (Willful infliction of light damage to health). In tence given to him is extremely not commen- this case Arshak Svazyan was charged and surate to what he did. Such severe punish- tried. On 22 June 2015, the court handed down ment can be regarded as persecution44. a judgment of arresting him for one month. However, Aram Manukyan declared that the 42 http://www.azatutyun.am/content/article/26822125.html preliminary investigation of the case had been http://www.azatutyun.am/content/article/27014184.html 43 http On 31 October 2013, Shant Harutyunyan and his flawed because the details of the crime were adherents declared a sit-in in Liberty Square against the concealed, in particular, those who had com- policies pursued by the Armenian authorities. On November 5, they attempted a march, which was 42 missioned the crime were not identified . blocked by the police and demonstrators clashed with the police. As a result, over 30 individuals were detained. Criminal cases were opened against 14 of On the day of Shant Harutyunyan's and them. On 17 October 2014, Shant Harutyunyan and his his friends' trial, Hayk Kyureghyan43 climbed friends were convicted by the court. The court meted out punishment to them ranging from fines to 7 years in on one of the vehicles parked near the court prison. For details see "Political persecutions" section of building and declared that there were explo- the HCA Human Rights in Armenia in 2014 Annual Report http://armhels.com/wp- sives in the vehicle and then fired shots from content/uploads/2015/02/Ditord-69-Arm.pdf: an air pistol in the direction of policemen. //www.azatutyun.am/content/article/26822125.html http://www.azatutyun.am/content/article/27014184.html Charges were pressed against Hayk 44 Source: http://www.aravot.am/2015/09/15/608864/ and Kyureghyan under Article 316 part 2 http://armhels.com/wp-content/uploads/2015/02/Ditord- (Violence against a representative of authori- 69-Arm.pdf

Freedom of Conscience and Religion

he main event of year 2015 was the "frozen" because of criticism from the Venice TConstitutional amendments adopted Commission) as well as obvious facts of on the basis of the referendum held on merger of church and State, then those new December 6. Those amendments give rise to statements are indeed problematic. serious concern regarding matters of freedom of thought, conscience and religion. Thus, Article 17 of the new Constitution The amendments contain statements that states that freedom of activity is guaranteed- are ambiguous. Besides, if we take into con- for religious organizations and that there is sideration Articles of some laws that are in separation between religious organizations effect and some statements in the Draft RoA and the State. The next Article (Article 18) Law on Religious Organizations prepared by recognizes the "exclusive mission" of the the Government in 2011 (which is now Armenian Apostolic Holy Church.

DITORD/OBSERVER #1. 2016 20 "Article 17. The State and Religious Apostolic Church" that in fact become differ- Organizations ent legal categories. If the relevant Article of 1. The freedom of activity shall be guar- the 2011 Draft Law on Religious anteed in the Republic of Armenia for Organizations (where division is made religious organizations. between the Armenian Apostolic Church and 2. In the Republic of Armenia, religious other religious organizations) is retained in organizations shall be separate from the future Draft, it will further strengthen the the State. contention that Armenia is not a secular State and that the provision that religious organiza- Article 18. The Armenian Apostolic tions are separate from the State will not Holy Church apply to the Armenian Apostolic Church. That 1. The Republic of Armenia shall recog- contention becomes even more tenable, if we nize the exclusive mission of the study a number of laws currently in force and Armenian Apostolic Holy Church as the policies pursued by the Armenian the national church in the spiritual life Government in the field of religion. of the Armenian people, in the develop- ment of its national culture, and in the For example, the laws on military service, preservation of its national identity. on service in police force, on service in national security agencies and on Armenia's 2. The relationship between the Republic rescue service as well as a number of other of Armenia and the Armenian laws place a restriction on servicemen of Apostolic Holy Church may be regu- those agencies. It is prohibited for them to be lated by a special agreement." a member of a religious organization (it is In Article 17 of the proposed draft obviously an unlawful restriction, which con- Constitution the provision "religious organi- tradicts the UN and European human rights zations shall be separate from the State" conventions). However, essentially this provi- replaces the provision in the currently effec- sion does not apply to followers of the tive Constitution "the church shall be sepa- Armenian Apostolic Church. It applies only to rate from the State." followers of other religions. The leaders of the above-mentioned agencies take part in reli- There are grounds to believe that an gious ceremonies of the Armenian Apostolic attempt was made in the above-mentioned Church and publicly declare that they are Draft Law on Religious Organizations pre- members of the Armenian Apostolic Church. pared by the Government to separate through legislation the legal status of "a religious There is yet another problematic provi- organization" from the legal status of the sion in the draft Constitutional amendments. Armenian Apostolic Church. Probably, it is Article 41, which is devoted to freedom of not incidental that a separate Article is devot- thought, conscience and religion, states that ed to the Armenian Apostolic Church (Article the expression of that freedom may be restrict- 18) in the draft Constitutional amendments, ed for reasons of national security, which con- which indicates the "exclusive mission" of the tradicts the judgments of the European Court Armenian Apostolic Church. That is an of Human Rights."However, unlike the second attempt is made to separate the concepts of a paragraphs of Articles 8, 10, and 11, paragraph "religious organization" and the "Armenian 2 of Article 9 of the (European) Convention

21 DITORD/OBSERVER #1. 2016 (on Human Rights) does not allow restrictions The same idea was expressed by Vahram on the ground of national security." 45 Baghdasaryan, the head of the parliamentary group of the Republican Party. It could be In that respect it should also be borne in assumed then that that is the policy of the rul- mind that clergy of the Armenian Apostolic ing party. Mr. Baghdasaryan said: "It is no Church often make public statements urging secret that under the guise of democracy quite that the rights of other religious organizations large amounts of money enter this country be restricted and justifying those calls by and that money is used to undermine our "national" and "spiritual" security. national values, our traditions, sturdiness of our families, and our church, and the Public However, it is noteworthy that similar TV and Radio Company has very much to do statements are publicly made also by the offi- to counter that." According to him, quite cials from the ruling Republican Party even large amounts of money are allocated to from the National Assembly podium. It gives "sects" so that those would be able to split grounds to assume that religious intolerance "our Holy Apostolic Church." When top- becomes the policy adhered to by the ranking representatives of the parliamentary Government. majority level such grave accusations against Thus, on 3 November 2015, 24 non-gov- "sects," they do not specify their understand- ernmental organizations issued a statement to ing of what a "sect" is and do not point out condemn the Deputy Speaker of the National what religious organizations get "quite large Assembly as well as the head of the parlia- amounts of money" from abroad to under- mentary group of the ruling Republican Party mine the "national values." for the statements made from the National We, the organizations that have signed this Assembly podium. statement, regard the use of the Public TV and Radio Company air time for religious purpos- "On October 7, when reviewing the report es as unacceptable. We also condemn the submitted by the Chairman of the Council of statements of the above-mentioned officials Public TV and Radio Company to the that declare Armenia's religious organiza- National Assembly, the Deputy Speaker of the tions the enemy of the nation. National Assembly Eduard Sharmazanov We wish to remind that under Article 226 of declared that functions of the Public TV and the Criminal Code currently in force, "Actions Radio Company should include first and fore- aimed at the incitement of national, racial or most the spiritual education of citizens and religious hatred" shall be considered a crimi- suggested that religious broadcasts be organ- nal offense and shall entail sanctions." 46. ized. The Deputy Speaker of the National Assembly thus explained the goal of religious The restrictions on the activities of religious broadcasts: "in the context of a fight against organizations on the grounds of "national secu- sects." The Chairman of the Council of rity," as indicated in the draft Constitutional Public TV and Radio Company replied that amendments as well as the above-mentioned the Company has capacity to do that and that statements by leaders of the ruling political they will try to produce such broadcasts. party give rise to serious concern.

45 CASE OF NOLAN AND K. v. RUSSIA (Application no. 2512/04) http://legislationline.org/documents/action/ 46 Source: http://www.aravot.am/2015/11/03/624854/ popup/id/15785

DITORD/OBSERVER #1. 2016 22 The changes in and additions to the Law on tions wherein ethnic and religious identities Alternative Service made in 2013 were a posi- are regarded as identical and members of tive development. After their adoption mem- other religious organizations are presented as bers of Jehovah Witnesses religious organiza- not full-fledged have not been tion go into an alternative service. Jehovah removed from recently reissued textbooks of Witnesses did not lodge a single complaint. In that academic subject. 2015, the organization's members continued to serve without any serious incident. The As per Clause 3 of Article 4 ("National Defense Ministry's National Conscription Policy in the Sphere of General Education") Board accepted all the requests for alternative of the RoA Law on General Education, "The service submitted in 2015 and granted them. Republic of Armenia shall ensure the demo- cratic and secular nature of education." Members of Jehovah Witnesses religious However, Clause 8 of the same Article lays organization place billboards in the streets the groundwork for obviating that require- with campaign materials. In contrast to previ- ment: "Carrying out religious activities or ous years, there were no serious incidents. advocacy in educational institutions shall be What is more, in a number of instances some prohibited, with the exception of the cases passers-by tried to obstruct Jehovah stipulated by law." The Armenian Apostolic Witnesses' campaigning, however, policemen Church clergy and the Education Ministry interfered and normalized the situation. officials point at that provision saying that According to the Jehovah Witnesses' data, in the issue of religious preaching is regulated contrast to previous years, there were no by the RoA Law on Relations between the obstacles to bringing publications into Republic of Armenia and the Armenian Armenia and customs house imposed no Apostolic Holy Church. Actually, it, too, duties on those publications. There are prob- reflects the ideas that the Armenian Apostolic lems related to the charges established for Church and other religious organizations publication of periodicals; however, the prob- have different statuses and that the provision lem needs to be solved through legislation. about a secular nature of education applies only to religious organizations other than the The Yerevan City Hall turned down applica- Armenian Apostolic Church. tions submitted by Jehovah's Witnesses for con- struction of three buildings for worship. While Celebrities and artists are periodically the judgments rendered by courts were not in subjected to slander and persecution by their favor, the organization will continue to Armenian mass media. The media continue appeal to higher courts against those judgments. publishing articles accusing individuals working in the field of culture of being “sec- The situation remains problematic in gen- tarians” and making public information about eral-education institutions, in particular the their private lives. However, there has not teaching of the History of the Armenian been a single case when law enforcement Church subject. In contrast to previous years, agencies would have launched an investiga- involvement of the Armenian Apostolic tion on the basis of those statements 47. Church clergy in schools has occurred on a mass scale. At schools, children are forced to In particular, provocative, unverified pray and to perform religious rites. The sec- rumors are disseminated, for example, that

23 DITORD/OBSERVER #1. 2016 "sectarians' commit suicide, teach children 48 §²Õ³Ý¹Ý»ñÁ ׳ٵ³ñÝ»ñáõÙ ë»ùë »Ý ù³ñá½áõÙ¦. how to engage in sexual activity and take part ²É»ùë³Ý¹ñ ²Ù³ñÛ³Ý, ³ÕµÛáõñÁ` 9.07.2015, 48 newsbook.amhttp://newsbook.am/?p=61429/axand- in anti-government rallies . The goal of all that nery+chambarnerum+seqs+en+qarozum+aleqsandr+am is to stir up animosity towards religious "sects." aryan&l=am(Alexander Amaryan. Sects preach sex in (summer) camps. Source: newsbook.am, http://news- book.am/?p=61429/axandnery+chambarnerum+seqs+en Essentially, members of all religious +qarozum+aleqsandr+amaryan&l=am 9 July 2015, in organizations are declared "sects." Armenian). "According to his [Head of the Center of 49 г۳ëï³ÝáõÙ Ýáñ ÏñáÝ³Ï³Ý Ï³éáõÛó ¿ ·ñ³Ýóí»É, 30.10.2015, aravot.am, http://www.aravot.am/2015/09/ Rehabilitation and Assistance to Victims of 30/614039/ ( A new religious entity has been registered Destructive Cults Alexander Amaryan's] in Armenia. 30 October 2015, aravot.am, http://www.aravot.am/2015/09/30/614039/ , in Armenian). data, the number of registered religious enti- 50 ²Õ³Ý¹Çó ß»ÕíáõÙ »Ý, µ³Ûó »Ï»Õ»óÇÝ å³ïñ³ëï ¿ ÁÝ- ties in this country is 65, while the number of ¹áõÝ»É. î»ñ ²µ»É, 14.07.2015, https://ordinaricus.word- press.com/2015/06/01/%D5%A1%D5%B2%D5%A1%D5 not registered ones, including those operating %B6%D5%A4%D5%B6%D5%A5%D6%80%D5%AB- as psychological centers, is 200. The number %D5%A1%D5%B6%D5%A4%D5%A1%D5%B4- %D5%B0%D5%A1%D5%B6%D5%A4%D5%AB%D5%B of followers of churches other than the D%D5%A1%D6%81%D5%B8%D5%B2- Armenian Apostolic Church is about %D5%B0%D5%A1%D5%B5%D5%AF%D5%A1%D5%A F%D5%A1%D5%B6/ ( People are misguided because 350,000, of those about 250,000 are involved of a sect but the (Armenian Apostolic) Church is willing in destructive religious cults." 49 to accept them. by clergyman Ter Abel, 14 July 2015, https://ordinaricus.wordpress.com/2015/06/01/%D5%A1 %D5%B2%D5%A1%D5%B6%D5%A4%D5%B6%D5%A Articles are published wherein member- 5%D6%80%D5%AB-%D5%A1%D5%B6%D5%A4% ship in a religious organization is declared to D5%A1%D5%B4-%D5%B0%D5%A1%D5%B6%D5 %A4%D5%AB%D5%BD%D5%A1%D6%81%D5%B8%D 50 be mental illness . 5%B2-%D5%B0%D5%A1%D5%B5%D5% AF%D5% A1%D5%AF%D5%A1%D5%B6/ , in Armenian). The materials stirring up religious ani- 51 ²½·³ÛÇÝ ÷áùñ³Ù³ëÝáõÃÛáõÝÝ»ñÁ ¨ ÏñáÝ³Ï³Ý Ï³½Ù³- Ï»ñåáõÃÛáõÝÝ»ñÁ г۳ëï³ÝáõÙ, mosity made their way also to the Armenian https://hy.wikipedia.org/wiki/%D4%B1%D5%A6%D5%A3 sector of Wikipedia, where many religious %D5%A1%D5%B5%D5%AB%D5%B6_%D6%83%D5% B8%D6%84%D6%80%D5%A1%D5%B4%D5%A1%D5% organizations are designated as "sects and BD%D5%B6%D5%B8%D6%82%D5%A9%D5%B5%D5 organizations dangerous for the public."51 %B8%D6%82%D5%B6%D5%B6%D5%A5%D6%80%D5 %A8_%D6%87_%D5%AF%D6%80%D5%B8%D5%B6% D5%A1%D5%AF%D5%A1%D5%B6_%D5%AF%D5%A1 %D5%A6%D5%B4%D5%A1%D5%AF%D5%A5%D6%8 0%D5%BA%D5%B8%D6%82%D5%A9%D5%B5%D5% B8%D6%82%D5%B6%D5%B6%D5%A5%D6%80%D5% A8_%D5%80%D5%A1%D5%B5%D5%A1%D5%BD%D5 47 ²Õ³Ý¹³íáñ Ñ³Û ³ëïÕ»ñÁ. Üáñ µ³ó³Ñ³ÛïáõÙÝ»ñ, %BF%D5%A1%D5%B6%D5%B8%D6%82%D5%B4 https://ordinaricus.wordpress.com/2015/06/01/%D5%A1 ("Ethnic minorities and religious organizations in %D5%B2%D5%A1%D5%B6%D5%A4%D5%B6%D5%A Armenia." https://hy.wikipedia.org/wiki/%D4%B1% 5%D6%80%D5%AB- D5%A6%D5%A3%D5%A1%D5%B5%D5%AB%D5%B6_ %D5%A1%D5%B6%D5%A4%D5%A1%D5%B4- %D6%83%D5%B8%D6%84%D6%80%D5%A1%D5%B4 %D5%B0%D5%A1%D5%B6%D5%A4%D5%AB%D5%B %D5%A1%D5%BD%D5%B6%D5%B8%D6%82%D5%A D%D5%A1%D6%81%D5%B8%D5%B2- 9%D5%B5%D5%B8%D6%82%D5%B6%D5%B6%D5% %D5%B0%D5%A1%D5%B5%D5%AF%D5%A1%D5%A A5%D6%80%D5%A8_%D6%87_%D5%AF%D6%80%D F%D5%A1%D5%B6/ ( Armenian stars members of 5%B8%D5%B6%D5%A1%D5%AF%D5%A1%D5%B6_ sects: New disclosures. %D5%AF%D5%A1%D5%A6%D5%B4%D5%A1%D5%A https://ordinaricus.wordpress.com/2015/06/01/%D5%A1 F%D5%A5%D6%80%D5%BA%D5%B8%D6%82%D5% %D5%B2%D5%A1%D5%B6%D5%A4%D5%B6%D5%A A9%D5%B5%D5%B8%D6%82%D5%B6%D5%B6%D5 5%D6%80%D5%AB- %A5%D6%80%D5%A8_%D5%80%D5%A1%D5%B5%D %D5%A1%D5%B6%D5%A4%D5%A1%D5%B4- 5%A1%D5%BD%D5%BF%D5%A1%D5%B6%D5%B8% %D5%B0%D5%A1%D5%B6%D5%A4%D5%AB%D5%B D6%82%D5%B4 , in Armenian). D%D5%A1%D6%81%D5%B8%D5%B2- %D5%B0%D5%A1%D5%B5%D5%AF%D5%A1%D5%A F%D5%A1%D5%B6/ , in Armenian).

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ISSN 1829-1732

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