January 2017

ITORDOBSERVER (71) HUMAND RIGHTS IN #ARMENIA1

Helsinki Committee of HUMAN RIGHTS IN ARMENIA

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

#1 2017 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 2016

The Human Rights Situation in Armenia in 2016 ...... 3

Electoral Rights ...... 4 Freedom of Expression ...... 8 Freedom of Peaceful Assembly ...... 10 Torture, Violence, Persecution ...... 12 Freedom of Conscience and Religion ...... 18 The Rights of the Child ...... 19 Women's Rights ...... 22 Rights of LGBTI People ...... 23 Human Rights in Armenia 2016 REPORT

The REPORT has been drawn up by

Helsinki Committee of Armenia in cooperation with Committee to Protect Freedom of Expression NGO (Freedom of Expression Section) Collaboration for Democracy Centre (Freedom of Conscience and Religion Section) Save the Children Charity (The Rights of the Child Section) Coalition to Stop Violence against Women (Women's Rights Section) Public Information and Need of Knowledge NGO (Rights of LGBTI People Section)

Helsinki Committee of Armenia 2017

DITORD/OBSERVER. 2017 2 Human Rights in Armenia in 2016

ven though 2016 was not a year of Representatives of current and former general elections, nevertheless, it authorities called for unity4, while the Ewas a year of political upheavals attempts by the public at large to express dis- and mass-scale human rights violations. content were suppressed5. The tensions were As in earlier political crises, during the running high in the country and affected sub- July 2016 events even though the state sequent events. of emergency had not be declared the On July 17, the Daredevils of Sassoun elementary rights and laws were no group, which was composed of civic activists longer in effect and Armenia seemed to and Karabakh war veterans, seized the Patrol become a police State. Police regiment, which is located in Erebuni On the night of 1 April and early morning district in Yerevan, and demanded the release of 2 April 2016, the armed forces of the of the Constituent Parliament member Jirayr Republic of launched a large- Sefilian and the resignation of country's scale military operation along the entire bor- President as a person responsible for social der with Nagorno Karabakh. High-intensity injustices and military operations' failures. military actions went on till April 5, when a The general public as well as public, political ceasefire agreement was signed between the and cultural figures immediately reacted to two States. Numerous types of military the situation. From the day of the regiment equipment were used during the military seizure on, mass rallies, marches and sit-ins actions. As a result of the Azerbaijani mili- took place in the capital city and in other tary actions 78 Armenian military service- regions of the country. The response was men1 and numerous civilian residents of bor- mixed as positions were at times mutually derline localities were killed. The Azerbaijani exclusive and varied from highly critical of armed forces seized 800 hectares2 along the the group's actions and labeling them terror- contact line. The military actions, which were ists to mass-scale public support and subsequently dubbed "the 4-day war," demands that the situation be resolved peace- shocked the society and powers that be as fully. The rallies that were for the most part they demonstrated numerous problems and peaceful were subjected to unprecedented shortcomings in the defense system. Various police brutal and unlawful interference as representatives of the public and of civic ini- hundreds of people were forcibly taken to tiatives voiced their concern and complaints 1 For more details see the 'Armed forces' section blaming the authorities for bad governance 2 http://www.panarmenian.net/arm/news/212454/ and corruption and for the victims and losses 3 For more details see the 'Armed forces' section sustained during the military actions as a 4 http://www.ilur.am/news/view/53478.html 5 For more details see the 'Freedom of peaceful assembly' result of outdated military equipment3. section

3 DITORD/OBSERVER #1. 2017 police departments with their various rights including seizure of buildings, hostage taking being violated in the process, were detained and deaths of 3 policemen. The situation in and criminal cases were instituted against the country remained very tense. many of them6. On 31 July, the armed group members surrendered and were arrested. 6 For detailed description of the events see Various charges were pressed against them, http://armhels.com/2016/08/08/hulisi17ic-ogostosi5y- teghi-unecats-iradardzutyunneri-veraberyal/

Electoral rights

fter the Constitution had been tion, if the commission believes that the amended through the 6 December observer or the media representative has A2015 referendum, it was a constitu- violated the Electoral Code requirements and tional requirement that a new Electoral Code to set the upper limit (of up to 15) to the num- should be adopted. It was adopted on 25 May ber of observers and reporters who can be 2016 and took effect on 1 June 2016. present in the polling room simultaneously8,9. The new Electoral Code requires that the Alongside the amendments to the Electoral lists of voters who have voted should be pub- Code, there were also suggestions to amend lished (except the signed lists drawn up in those Articles of the RoA Criminal Code that military units, penal institutions and police deal with electoral violations. On 19 October detention facilities). That was a main demand 2016, the National Assembly discussed an put forth by the opposition and civil society issue of criminalization of a false report about during all previous general elections. Another election fraud. Five political parties represent- important change is the videotaping (and the ed in the National Assembly (Republican simultaneous internet broadcasting online Party of Armenia, Armenian Revolutionary through specially created web-site(s) that is to Federation - Dashnaktsutyun, Rule of Law be carried out by professional organizations Party, Prosperous Armenia Party and selected through request for tenders) of the Armenian National Congress) reached an entire process of voting and vote count at agreement to include a provision that a fine of polling stations7. 200,000-800,000 AMD or a prison term for up At the same time, the new Electoral Code to 2 years shall be imposed for a deliberate or placed limitations for observers and mass 7 Some of those provisions took effect as amended on media representatives. It states that by a two- 20 October 2016. 8 RoA Electoral Code. Article 65. The beginning and thirds majority vote the precinct electoral procedure of voting commission has the power to remove an 9 RoA Electoral Code. Article 32. The rights, duties and activities' guarantees of an observer, media representa- observer or a media representative from the tive and a visitor. commission session or from the polling sta- 10 Source:http://www.tert.am/am/news/2016/10/19/assem- bly/2167748

DITORD/OBSERVER. 2017 4 careless action10. This provision gives rise to Observer initiative and Helsinki Citizens' serious concerns. A person or an observer who Assembly Office jointly with witnesses election fraud will beware of report- Helsinki Committee of Armenia, Union of ing it taking into consideration the fact that the Informed Citizens, Goris Press Club and judicial system in Armenia is not independent. Martuni Women's Community Council.The One gets an impression that the powers that be organizations that had carried out an observa- seek not to improve the election processes but tion mission issued a statement in the after- to silence the public. math of the elections noting that the local The Electoral Code also changed the pro- elections of 2016 were neither free nor fair cedure for community authorities' formation and registered the following violations12: in the cities of and Vanadzor.  vote buying during a pre-election However, until 1 September 2017, the period and on election day, Community Heads' and Local Councils' elec-  abuse of administrative resources, tions there will be organized and held in con-  in some cases voters (especially formity with provisions of the Electoral Code older people) were directed of 2011 (elections in the cities of Gyumri and inside the polling station and Vanadzor shall be held as to the Regulations outside it to vote, numerous for the elections of Yerevan Local Council)11. instances of "assistance" to voters, The first phase of local elections took  the use of carousel voting place on September 18 in 317 communities (bringing blank ballot papers of five RoA regions (Aragatsotn, Ararat, from a polling station), Armavir, Syunik and Tavush) and on October  instances of open and multiple 2 in 375 communities of six RoA regions voting, (Gegharkunik, Lori, Kotayk, Shirak, Syunik  inaccuracies in voter lists and Vayots Dzor), including the country's (voters' names missing or voter second and third largest cities by population, lists contain names of deceased Gyumri and Vanadzor respectively. persons), In contrast to earlier local elections, in  violations of observers' and 2016 political parties took an active part in media representatives' rights, the elections. That was manifested most obstruction of their activities or refusal to record irregularities prominently in local Council elections in the in the journals, cities of Gyumri and Vanadzor, where politi-  overcrowding or a large number cal parties tried to assess their chances before of vehicles, voters' transportation the 2017 parliamentary elections. In by vehicles, Vanadzor, seven political parties and in  presence of unauthorized per- Gyumri ten political parties and one alliance sons in polling stations. ("Balasanyan"), which was backed by the Incidents of violence, intimidation and beat- authorities, nominated their candidates. ing were recorded both during the pre-election 20 domestic non-governmental organiza- and post-election periods in the local elections. tions carried out an observation mission dur- 11 RoA Electoral Code. Article 144. ing the local elections, including the Citizen 12 Source: http://hcav.am/publications/26-12-2016-04/

5 DITORD/OBSERVER #1. 2017 In Echmiadzin, almost on the eve of the On September 20, the son of Vardevan Election Day, on the night of September Grigoryan, who headed the 'Prosperous 16,one of the principal mayoral candidates Armenia' political party list in the Gyumri City Arthur Tumanyan and his team members were Council proportional elections, received a subjected to violence by supporters of the mortal gunshot wound in the so-called incumbent Town mayor Karen Grigoryan, the "Poligonner" area in the city of Gyumri18. On son of General Manvel Grigoryan. According the same day, the political parties that were to Arthur Tumanyan, on Yerevan-Echmiadzin taking part in the Gyumri City Council elec- highway blows were dealt to their vehicle, tions suspended their election campaigning then a fight broke out between the parties dur- because of a mysterious death of Vardevan ing which Tumanyan and local Council mem- Grigoryan's 25-year-old son Arshak. On ber candidate Stepan Abgaryan got injured. September 25, the 'Prosperous Armenia' polit- Arthur Tumanyan claims that several dozen ical party resumed its campaigning in Gyumri people, including Karen Grigoryan and his and went on with it vigorously19. brother, beat them up13. On October 2, an electoral violation was Following the incident, a criminal case observed during the vote count in polling sta- was instituted against Karen Armenakyan and tion # 34/3 in Gyumri. Among the ballot papers Aram Grigoryan under Article 113(causing that were taken out of the ballot-box there were harm of medium gravity to health), Article 117 99 ballot papers that bore signatures of only (causing light harm to health) and Article 235 two Precinct Commission members. That was (illegal acquisition, sale, possession, trans- regarded as negligence on the part of the portation or carrying of weapons, ammuni- Commission. The Precinct Election tion, explosives or explosive devices), while Commission in polling station # 34/3 admitted against Arsen Karapetyan under Article 113 of in writing that the rights of 99 voters were the RoA Criminal Code14. It should be noted violated through its fault and recognized those that within the framework of the criminal case ballot papersas null and void. 'Hamakhembum' no charges were pressed against Karen (Solidarity) political party lodged a complaint Grigoryan and his brother Arman who had on against the voting that had taken place in the eve of the elections subjected the former polling station # 34/3 and demanded that a Echmiadzin mayoral candidate Arthur new voting take place in that polling station. Tumanyan and local Council member Stepan However, the Territorial Electoral Commission Abgaryan to beating15. in Gyumri rejected that complaint and only Another criminal case was instituted in carried out the vote recount20. connection with kidnapping of and violence against local Council member candidate Kirakos Bazhakyan. On 16 September 13 http://armtimes.com/hy/article/93323 14 http://www.tert.am/am/news/2016/09/22/Artur- 2016,the latter was kidnapped and beaten by Tumanyan/2141023 Karen Grigoryan's team members16. Two per- 15 http://www.tert.am/am/news/2016/11/04/hra- parak3/2182713 sons were charged and detained. The case is 16 https://www.youtube.com/watch?v=hQiKZm6_KCg now in the court of law17. 17 http://www.tert.am/am/news/2016/11/08/ According to the 18 September elections KirakosBajakyan/2186281 18 http://yerkirmedia.am/emergency/gyumri-bhk-vardevan- in the town of Echmiadzin,Arthur Tumanyan grigoryan/ lost to the incumbent mayor Karen Grigoryan. 19 http://armlur.am/584923/ 20 http://www.7or.am/am/news/view/115204/

DITORD/OBSERVER. 2017 6 On October 4, the pastor of Armenian dates were divided in the following way23: the Apostolic Church Raphael Grigoryan was first place went to the Balasanyan Alliance subjected to brutal beating in Vanadzor. In his that got 17 mandates, the second place went to words, he was assaulted by Arkady Peleshyan Prosperous Armenia party that got 8 man- who represents 'Armenian Renaissance' politi- dates, while the third places went to Armenian cal party and who is currently a member of the Renaissance party and GALA party that got 4 City Council. The victim believes that the bru- mandates each. talattack was politically motivated21. Three political parties that took part in local According to the Committee To Protect elections in Gyumri, viz. Prosperous Armenia Freedom of Expression (CPFE), 4 instances party, Armenian Renaissance party and GALA of obstruction of media representatives' pro- party, signed a statement24 thereby demanding fessional activities (including 2 that were that Territorial Electoral Commission # 34 and accompanied with physical violence) were the Central Electoral Commission should dis- registered during the local elections. On tribute mandates correctly. September 17, in polling station # 18 in Nor The statement says: "As per Part 4 of Kyank community the Precinct Electoral Article 141 of the Electoral Code, the man- Commission chairperson Khazhak dates for 33 City Council seats should be dis- Aghabekyan assaulted Tigran Mazmanyan, a tributed in the following way: 15 mandates to photo reporter with Armtimes.com, struck the BalasanyanAlliance, 9 mandates to the camera and hurled insults at him. In Prosperous Armenia party, 5 mandates to Vanadzor, on October 2, Shoghik Galstayn, a Armenian Renaissance party and 4 mandates reporter with Araratnews.am web-site, was to GALA party. Representatives of three polit- attacked and her cell phone was broken22. ical forces declared that this is a fight for jus- Notwithstanding the efforts put forth by tice and for respecting the city voters' choice." the powers that be, the Republican Party of At the first session of the Gyumri City Armenia did not succeed in getting an absolute Council that was held on October 10, Samvel victory in Gyumri and Vanadzor. Balasanyan, the candidate from the Balasanyan Alliance, was declared mayor of Gyumri. While presenting the results of the 5 political parties overcame the passing Gyumri City Council elections held on threshold in the City Council elections that October 2, the Central Electoral Commission were held in Vanadzor on October 2, viz. made reference to Part 5 of Article 141 of the Republican Party of Armenia, Bright Armenia Electoral Code and declared that the "absolute party, Armenian Renaissance party, majority" of mandates should be given to the Prosperous Armenia party and Armenian Balasanyan Alliance because the total number Revolutionary Federation - Dashnaktsutyun of Gyumri City Council members is 33, in which case 15 mandates of the Balasanyan 21 http://hetq.am/arm/news/71470/khachaknqvelov-mard- Alliance account for over 40% of seats. As per kanc-shan-tsets-tal-el-inch-grosh-uni-qo-khachaknqvely- Part 5 of Article 141 of the Electoral Code, in -asum-e-vanadzorum-tsetsi-entarkvats- hogevorakany.html such case the absolute majority of places 22 http://armhels.com/2016/10/06/lragroxakan-kazmaker- should be given tothe Balasanyan Alliance, putyunnery-ishxanutyunic-hamarjeq-qayler-en- whereas the remaining 16 mandates should be aknkalum/ 23 http://www.yerkir.am/news/view/114707.html divided among 3 other political parties that 24 http://galatv.am/hy/news/165920/ overcame the 6% barrier. Therefore the man- 25 http://www.tert.am/am/news/2016/10/03/TIM/2151093

7 DITORD/OBSERVER #1. 2017 party (ARF)25. Bright Armenia party, first session of the newly-elected Vanadzor Prosperous Armenia party and Armenian City Council held on October 10 Mamikon Renaissance party obtained 18 seats out of 33 Aslanyan who tops the Republican Party of seats in the Vanadzor City Council, while Armenia political party list was elected mayor Republican Party of Armenia and ARF togeth- as got 19 votes. In other words, some of the er got 15 seats. Bright Armenia party, City Council members from opposition politi- Prosperous Armenia party and Armenian cal forces did not vote in conformity with an Renaissance party issued a joint statement and earlier negotiated agreement. Thus, even signed a memorandum of support for a nomi- though the opposition constitutes a clear nation of Krist Marukyan who tops the Bright majority in the City Council due to the elec- Armenia political party list. tion results, it did not make use of an opportu- As a result of a vote by secret ballot at the nity to take power into their hands.

Freedom of expression

ear 2016 was a tense period for brute force also against media employees, Armenian media and their while dispersing the peaceful rally. Yemployees. Numerous facts of The first instances of violence and violence against media people and obstruc- obstruction of reporters' professional activi- tion of their professional activities clearly ties were observed on July 17, the day of the indicate that reporters often worked under attack on the Patrol Police regiment. adverse conditions. The tense socio-political According to the data provided by the situation in the country brought about by an Committee To Protect Freedom of Expression armed attack of the Daredevils of Sassoun (CPFE), 3 media representatives were target- group on the RoA Patrol Police regiment and ed by attack over the period of 17-29 July. by subsequent rallies and clashes was aggra- The attacks on media personnel by the police vated by police violence against media repre- and by individuals directed by the police sentatives and obstruction of the latter's legit- peaked on the night of July 29 and in the imate professional activities. It should be early hours of July 30, while taking action noted that police actions were unprecedented against rally participants. On that day 16 in terms of the use of special means of crowd employees of various media outlets were sub- control against reporters and cameramen. As jected to physical violence (i.e. on the whole, regards the scale, those actions were compa- during the July events 19 reporters and cam- rable to the events that unfolded on eramen were subjected to physical violence). in Yerevan on 23 June Professional activities of other 8 media peo- 2015 (during the rallies organized by the ple were unlawfully obstructed, even though Electric Yerevan Initiative), when police used without the use of violence.

DITORD/OBSERVER. 2017 8 According to victimized journalists, dence that there were at least scores of those media representatives were brought to one who obstructed the activities of media place and were attacked with sound- and employees and who committed acts of light-emitting devices and tear gas grenades. violence. Then media representatives were subjected to In connection with the July events, the assault and battery, persecution and various Special Investigations Service instituted a obstructions. As a result of violent actions, a criminal case and already brought charges number of reporters and cameramen sus- against 8 individuals. The preliminary investi- tained bodily injuries. gation of the parts that were separated from RoA President addressed the main criminal case and that deal with 7 of those violent acts against journalists, while in those individuals who had obstructed legiti- the past he had kept silence in similar situa- mate professional activities of personnel of tions.Serzh Sargsyan said: "I … apologize to Radio Liberty, Armenia TV Company and our journalists for the events that occurred on News.am web-site has been finalized and sent the night of July 29 and in the early hours of to court with an indictment. However, again it July 30. Those were our worst lapse during is clear that the scale and scope of violence those days. Of course, all conclusions will be committed against media people and the num- drawn. Asking for your forgiveness, I ask ber of persons held accountable are disparate. reporters but not law-enforcement agencies Besides, no high-ranking policeman who had to forget about those events because I am organized and coordinated those actions has indeed confident that no such thing will hap- been held adequately liable. pen again. I also want that those incidents In addition to the July events, 6 more would not make any subconscious influence instances of physical violence against on freedom of your modus operandi." reporters were recorded in 2016, with 7 After the President's apology, the RoA media people becoming a target of an attack. Special Investigations Service became some- Thus, on the whole, in 2016, the what more energetic in its preliminary inves- Committee To Protect Freedom of Expression tigation related not only to the July events but (CPFE) registered 10 instances of physical also to the events that unfolded on violence against 26 reporters and camera- Baghramyan Avenue on 23 June 2015. 1 year men. Besides, The CPFE also registered 52 and 2 months after it had instituted a criminal facts of pressure brought to bear on media case related to the # Electric Yerevan the outlets and their personnel and 30 facts of Special Investigations Service finally decid- violation of the right to receive and impart information. ed to press charges against 4 policemen who had obstructed the work of the journalists On December 14, the Outline show at who had been covering the rallies. However, Kentron TV Company hosted the well- known actor and comedian Sergey within the framework of the same criminal Daniyelyan. The genre of this episode of the case 21 reporters and cameramen were recog- show was political satire and elicited a con- nized as aggrieved parties and numerous siderable public response. Subsequently videos posted on the Internet provide evi- Outline show was discontinued.

9 DITORD/OBSERVER #1. 2017 Freedom of of peaceful assembly

2016, Helsinki Committee of Safaryan, a member of the New Armenia Armenia observed 142 rallies in Initiative, and 5 other rally participants were In the cities of Yerevan, Gyumri forcibly taken to police departments. G. and Vanadzor. The rallies were accompanied Safaryan was charged under Article 316 of the by numerous violations and interference by RoA Criminal Code27 and arrest was chosen as police. Interference took various forms such as a measure of restraint. According to G. constraining free movement of rally partici- Safaryan's lawyer, in the course of the trial that pants or forcing them from carriageways in the decision remains unchanged, even though the streets to another location, prohibiting rallies grounds indicated earlier for arrest to be cho- near some buildings (the RoA President's sen as a measure of restraint do not exist any Palace, Office of Republican Party of longer28. Members of the New Armenia and Armenia, Nubarashen penal institution, Armenian Women's Front Initiatives organized Embassy of the Russian Federation, etc.) as numerous rallies demanding that G. Safaryan well as forcibly taking rally participants to and Vardges Gaspari as well as earlier convict- police departments and using unnecessary and ed activists be released (V. Gaspari was disproportionate force and violence. released on February 26). Rallies were held in In 12 of the observed rallies the police front of Nubarashen penal institution, theRoA forcibly took rally participants to police depart- President's Palace and court houses as well as ments, in 4 instances they dispersed the rally in other locations in the city. On March 21, the and in 2 instances the police used special rally that was held in Republic Square by the meansof crowd control. During the rallies Armenian Women's Front Initiative featuring organized by opposition political and civic ini- the slogan "Freedom to political prisoners" tiatives the number of policemen was always was terminated by the police, while rally par- considerably big given the number of rally par- ticipants were forcibly taken to police depart- ticipants; on numerous occasions their number ments. The reason was, the police claimed, even exceeded that of rally participants. Often, that it is prohibited to hold a rally in the cen- police officers arbitrarilyinterpreted the provi- tral section of Republic Square. On March 23, sions of the RoA Law on Freedom of the same Initiatives staged another rally fea- Assemblies, while in some cases the police turing the same slogan in the street in front of exercised powers assigned to other bodies26. Mashtots small public garden. Policemen The political and civic initiatives that 26 On July 27, the police declared banned the rally that emerged in 2014-2015 were organizers of the was to be held near the intersection of Khorenatsi and majority of the peaceful rallies staged in 2016. Kristapor streets and all presumed participants of the rally were forcibly taken to police departments, even As a result of the dispute between the partici- though the power to ban a rally rests with the pants of a peaceful assembly held on January Community Head. 27 Violence against a representative of authorities 1 in Liberty Square and the police Gevorg 28 Source: http://www.azatutyun.am/a/28046309.html

DITORD/OBSERVER. 2017 10 attempted to remove rally participants from inscription during a public ceremony to be the street who had chained themselves to the officiated by the Pope and to be held on ground. Rally participants got into a scuffle Republic Square and to videotape how the with the police; as a result, 14 participants flash mob is performed. Police prevented the were forcibly taken to police departments, event by forcibly taking 6 members of the while Ruzanna Yeghnukyan, a member of the Initiative to police departments on the suspi- Armenian Women's Front Initiative, was taken cion that their actions fall under Article 225.1 to hospital with a head injury. In connection of the RoA Criminal Code31. with the incident, the RoA Special The seizure of the RoA Patrol Police regi- Investigations Service instituted a criminal ment in Erebuni district in Yerevan by the case on the grounds of abuse of official pow- Daredevils of Sassoun armed group on 17 July ers but later on the case was discontinued29. 2016 was followed by rallies that drew big The military clashes that took place crowds in Liberty Square, around the cor- between Artsakh and Azerbaijan in April 2016 doned-off sections of the streets leading to the (also known as "the four-day war") were fol- regiment territory (primarily at the intersection lowed by numerous protest actions whose of Khorenatsi and Kristapor streets)as well as organizers' main demand was resignation of in other locations in the capital and in the city various public servants and improvement of of Gyumri. In those rally locations police the country's foreign policy. On April 22, a clashed with rally participants, used special rally-march organized by the "We are owners means of crowd control and resorted to of our country" Initiative was terminated by unprecedented acts of violence. 17 rallies were the police. Rally participants wished to organized from July 17 through August 4. approach the RoA President's Palace and to During 7 rallies, quite a few rally participants submit a letter with their demands. However, were forcibly taken by police to and then kept policemen whose number exceeded by many in locations that are not intended for undertak- times that of rally participants stopped the ing administrative actions, were subjected to march at the beginning of Baghramyan cruel treatment and beating and were denied Avenue and resorting to brute force they the right to make use of attorney's services. forcibly took rally participants and one Numerous journalists and even individuals reporter to police departments. According to who were not rally participants were subjected the statement issued by the police, "not a sin- to violence during the actions taken by the gle media representative was subjected to police to stop rallies. Very many citizens who administrative detention or was forcibly were members of various civic or political ini- brought to police department; merely their tiatives were taken to police departments from movement at the rally site was limited for a their homes32. brief period of time and several minutes later 29 Source: http://www.azatutyun.am/a/27939960.html 30 they were released from police control ." 30 Source: http://www.azatutyun.am/a/27692327.html The Anonymous Armenia Facebook group 31 Organizing and conducting a rally in violation of the pro- cedure established by law. planned to conduct a flash mob on 25 June 32 A detailed description of those incidents are presented 2016. Its goal was to raise posters with FREE in the Report of Helsinki Committee of Armenia. See: http://armhels.com/2016/08/08/hulisi17ic-ogostosi5y- POLITICAL PRISONERS IN ARMENIA teghi-unecats-iradardzutyunneri-veraberyal/

11 DITORD/OBSERVER #1. 2017 Findings of the monitoring conducted in protest actions and with obstruction of journal- 2016 demonstrate that notwithstanding the ists' professional activities, as in previous favorable legislative framework and numerous years, including Electric Yerevan protest statements made by high-ranking officials and action staged in 2015, were either discontin- the RoA President about improving the way ued or trials are still in progress33 and not a the police operate, protection of the right to single policemen has so far been criminally freedom of assembly is still dependent on the prosecuted. political will of the powers that be. In 2016, the criminal cases instituted in connection 33 See: http://www.media.am/Electric-Yerevan-journalists- with violence committed while dispersing lawsuit-developments

Torture, violence, persecution

Police fession from him35. Khachik M. told the RoA Special Investigations Service that he, his son 2016, numerous incidents of police Arkady M. and his grandson Harutyun M. had violence against and cruel treat- In been forcibly taken to the RoA Police depart- ment of people, abuse of power and use of ment in Artashat, where the department violence while forcibly taking citizens to policemen beat up his son and grandson police departments were observed in the demanding that they incriminate themselves Republic of Armenia. by confessing to a burglary36. In both instances According to the studies conducted by the the RoA Special Investigations Service insti- group of civic observers conducting monitor- tuted a criminal case as per Article 309.1 of the ing of the RoA Police detention facilities, RoA Criminal Code ("Torture"). they met a large number of individuals in the In the days that followed the seizure of detention facilities who had been subjected to the RoA Patrol Police regiment in Erebuni brutal beating prior to being taken to the district in Yerevan by the Daredevils of detention facilities and it was only after the Sassoun armed group on 17 July 2016 intervention of the observers' group that numerous incidents of cruel treatment of and those individuals were taken to a hospital34. violence against peaceful rally participants Mr. Karen K., an arrested person held in by policemen were registered. In some cases Artik penal institution of the RoA Ministry of those acts could be qualified as torture. In Justice, made a statement that on 7 February those days, Helsinki Committee of Armenia 2016 he had been forcibly brought to Kumayri was alerted dozens of times about mass-scale department of the Police in the city of Gyumri and had been subjected to violence by police- 34 Source: http://www.aravot.am/2016/09/28/810064/ 35 Source: http://www.ccc.am/hy/1428493746/3/5240 men in order to wrest a self-recriminatory con- 36 Source: http://www.ccc.am/hy/1428493746/3/5238

DITORD/OBSERVER. 2017 12 police violence against citizens. Those indi- beating and degrading treatment by policemen viduals who were visibly very active civical- from the 3rd battalion of the Police Patrol ly were targeted with excessive cruelty. Service. Policemen kicked his head.David On 17 July 2016, at 4:30 p.m., policemen Sanasaryan sustained multiple bodily injuries came to rallies' active participant Vaghinak and was diagnosed with concussion. Shushanyan's work place and forcibly took On 29 July 2016,policemen used special him to a police troops unit. There he was means for crowd control (explosive devices, punched and kicked for several minutes, light-emitting devices, etc.) and violence receiving blows to his face, head and against protesters who assembled in Sari Tagh abdomen; then one of the policemen kicked neighborhood in Yerevan. Policemen subject- V. Shushanyan in the chest so severely that ed rally participants and journalists to beating. the latter choked. The police also used other special means for On the morning of July 17, family mem- crowd control (shields and stun grenades), bers of Mikael Nazaryan, a former member while plain-clothes individuals, who were of the Constituent Parliament, were taken to armed with metal bars and truncheons, assist- a police department in the town of ed policemen in those actions. Many rally and were released only after he came there. participants and journalists were taken to Surb After he had been held for 12 hours, the Grigor Lussavorich hospital with bodily police said that he had been forcibly brought injuries of various degrees of severity. As a on the suspicion of having committed theft. result of the events that occurred on July 29, a However, later on no charges were pressed. total of 73 individuals went to healthcare He spent an entire night in the police depart- institutions in Yerevan with various injuries. ment without getting a single meal and had to sleep sitting on a chair. His lawyer's entry The penal institutions system was blocked.He spent about 32 hours in the vercrowding has been a problem in police department. The police told him that penal institutions in Armenia for the reason for holding him there was to pre- O many years. The situation is particularly vent him from participating in the rallies that grave in Nubarashen penal institution.15 and were held in Yerevan. more inmates are held in a cell, which is On 18 July, participants of a peaceful intended for 8 persons. In penal institutions assembly in Liberty Square Artush there are hierarchic relations, violence is Chibukhchyan and Levon Zakaryan sustained committed against individuals under the various bodily injuries as a result of police guise of the use of special means, vulnerable actions and a scuffle and were taken to a hos- groups get discriminatory treatment, etc. pital.The same day, after making a speech In 2016, the group of civic observers who using a loudspeaker, David Sanasaryan, a par- conduct monitoring of penitentiary institutions ticipant of a peaceful assembly in Liberty and bodies of the RoA Ministry of Justice pub- Square, was forcibly taken to a police troops lished its annual report for 2014-201537, which unit at about 7:30 p.m. and held there.While he presents numerous problems existing in that was forcibly taken to a police troops unit, he was handcuffed and was subjected to severe 37 http://pmg.am/images/2014- 2015_PMG_Annual_report.pdf

13 DITORD/OBSERVER #1. 2017 field. According to the Report, in Nubarashen person belongs to that groups because of his penal institution 15 inmates were held in a sexual orientation. In many cases it is merely cell, which is designed for 8 persons; howev- a status. Representatives of that group too are er, in the cell there were only 8 beds and 1 subjected to psychological pressure and, in sofa. As at 1 January 2016, in Nubarashen some cases, to sexual violence, assaults and penal institution there were 942 inmates, while exploitation by other convicts. These persons the maximum planned capacity of the institu- are given various negative and degrading tion is 820 inmates. The group also registered names and they do the work that is regarded the fact that in penal institutions inmates are in penal institutions as degrading. Even not evenly distributed between cells, which is though penal institutions' staff members accounted for by the existing hierarchic rela- claim that those individuals voluntarily tions. In Nubarashen penal institution, in one engage in such work, almost in all penal cell there may be 18 inmates, while in another institutions their status and the types of work cell, which has the same surface area, there done by them are the same, which is an indi- may be only 5 inmates. cation that those individuals do not do that The study conducted by the group has work voluntarily. demonstrated that all those arrested and con- The issue of an early conditional parole is victed individuals who have an opportunity to also problematic. The criteria that are estab- get foodstuff and personal hygiene products lished by law and that would provide grounds through parcels do not take meals provided by for a decision to grant an early conditional penal institutions because of inadequate qual- parole to a convict are non-existent. That is ity of food and unvaried menu. The only the reason why the decisions remain exception was Armavir penal institution, unfounded and rejections unsubstantiated. where a cook was hired on a contractual basis. 184 convicts were granted an early condition- The group also registered that in penal al parole in 2014 and 153 in 2015, even institutions representatives of some groups though in 2014-2015 there were about 3,900 are most vulnerable, viz. individuals that have inmates in penal institutions. Thus, a conclu- health-related problems, individuals that vio- sion can be drawn that only a small percent- lated 'unwritten laws', homosexuals, etc. age of convicts are granted an early condi- Such individuals are for the most part held in tional parole. It should also be noted that separate cells. As a rule, those cells differ there is a list of some Articles (which has from other cells for inmates of a given penal been in reality drawn upon the basis of the institution by their unsightliness and poor RoA Criminal Code, even though not estab- sanitary and hygienic conditions. One of the lished by law) that preclude granting an early most vulnerable groups are those individuals conditional parole. The list includes Articles who break informal 'laws' and norms. Such dealing with murder, infringements on sexu- individuals are labeled by other convicts and al inviolability of a person, etc. by penal institution's staff with various nega- In Armenia, the institution of an early tive and degrading names. Homosexuals can conditional parole is not applied at all to pris- be regarded as the most vulnerable group. It oners serving life terms. Even though the law should be noted that it is not always that a states that having served the prison sentence

DITORD/OBSERVER. 2017 14 for 20 years life-termers are entitled to an During the 23 July 2016 visit to Yerevan- early conditional parole. According to the 17 Kentron penal institution the administration of March 2016 note received by Helsinki the penal institution seriously obstructed the Committee of Armenia from the Penal observers' group activities. In particular, the Institutions Division of the RoA Ministry of administration did not provide information on Justice, as at 15 March 2016, of the convicts the number of arrestees and convicts held in the serving life terms in penal institutions of the penal institution at the time of the visit, did not RoA Ministry of Justice 16 already served let the observers enter any cell intended for their prison sentence for 20 years. The cases arrested persons and carry out observation and of 13 of those convicts were submitted for did not let the observers observe the conditions consideration to grant an early conditional in the cell or talk to convicted persons without parole, while the cases of 3 convicts were not presence of staff members. Besides, the admin- submitted because the latter are malicious istration refused to organize a separate conver- infringers of the established order for serving sation outside the cell with any person who was the prison sentence. The Ministry officials held in the penal institution at that time, includ- also stated that all cases for an early condi- ing a conversation with a certain person who tional parole of 13 life-termers were rejected had been admitted to penal institution with bod- and that there are no prisoners serving life ily injuries. As a result, the observers were terms who were granted an early conditional unable to find out whether the arrestee had been parole. This statistics proves that in Armenia subjected to torture or inhuman treatment or an early conditional parole mechanism does not. A representative of the penal institution not function in case of prisoners serving life administration explained their prohibitive posi- terms. tion by claiming that in all cells for arrestees According to the 26 January 2016 state- there may be an inmate regarding whom an ment issued by the observers' group, the safe- investigator made a decision to prohibit that ty of Gevorg Safaryan, an inmate of person contacts with the outside world, while Nubarashen penal institution, conditions of the entry of the observers (who exercise over- detention and violence committed against sight) into the cells in order to inspect the con- him raise concern. As regards the incident, ditions and the situation with treatment of the group requested an urgent report from the inmates would amount to a visit. Since the RoA Ministry of Justice. As a result, G. establishment of the group, i.e. since 2005, Safaryan was moved to another cell where there had never been such large-scale obstacles his safety was ensured38. and this bad tendency has been gaining momen- On 12 June 2016, a special means (rubber tum recently39. As per paragraph 7 of Article 48 truncheon) was used against inmates of of the RoA Law on Treatment of Arrestees and Nubarashen penal institution T.E., A.H. and Detainees, civic observers who carry out over- S.M. According to the arrested persons, they sight of how arrestees are held have without were taken to another room and beaten with 38 http://pmg.am/hy/news/announcements/92-2016-03-09- truncheons. One arrested person got his fin- 11-48-46 ger broken, while the other two sustained For more information on Gevorg Safaryan see Political persecution section of this Report serious bodily injuries. 39 http://www.pmg.am/hy/news/257-2016-07-23-18-29-17

15 DITORD/OBSERVER #1. 2017 special permission the right of free entry into cial data, over the period of time from April and exit from the facility where arrestees are 2 to 5 the Armenian side incurred 77 casualties held. during the military clashes. On 19 December 2015, the former RoA According to the findings of the study con- Deputy Defense Minister Vahan Shirkhanyan ducted by the Helsinki Citizens' Assembly was detained. While in Yerevan-Kentron penal Vanadzor Office, 162 servicemen in compul- institution, his health status deteriorated. He sory military service and contract military ser- experienced dizziness, blurry vision and lung vicemen died in the RoA armed forces and in paralysis. According to his attorney, he does the Defense Army of the Nagorno Karabakh not receive necessary medical assistance in the Republic in 2016 as well as volunteers who penal institution. This statement was con- took part in the 4-day war. On 2 April 2016, 4 firmed by the investigation conducted by the civilian deaths caused by military actions in RoA Human Rights . Medical Talish were registered. 77 out of 162 casualties examinations that were necessary to improve sustained in 2016 were a result of the military V. Shirkhanyan's health were delayed and clashes over the period of time from April 1 to penal institution inmates participated in care 5, while out of the other 85 cases 34 were provision to him. The Human Rights deaths because of ceasefire violations and Ombudsman registered that the scope of med- 19 because of accidents. 13 deaths were ical assistance provided in penal institution caused by homicide. 13 deaths were the result (Yerevan-Kentronand Hospital for Convicts) is of suicide or of driving a serviceman to sui- inadequate and V. Shirkhanyan's medical cide, 4 of violating the rules of military service treatment needs to be administered in a spe- and 2 deaths were health-related41. cialized medical center40. Notwithstanding the Human Rights Ombudsman's decision, Political persecution V. Shirkhanyan is still held in Yerevan-Kentron olitical persecutions went on in penal institution. PArmenia since 2013. Taking into con- sideration incommensurate punishment for Armed forces actions as well as political motives and crite- rom April 2 to April 5, 2016, large- ria of fair trial, Helsinki Committee of Fscale military clashes took place Armenia presents a number of instances of between the armed forces of Nagorno political persecution. Karabakh Republic and of the Republic of On the night of 31 December 2015, Azerbaijan. They were launched on the night Gevorg Safaryan, a member of the New of April 1and early morning of April 2 along Armenia political alliance, together with the entire contact line between the two States. other activists attempted to put a Christmas During the clashes both sides sustained numer- tree in Liberty Square. That attempt ended in ous casualties; various kinds of weaponry were clashes with police. Five citizens were used, including air force, artillery and other forcibly brought to police departments but large-caliber weapons. After a ceasefire agree- 40 See the RoA Human Rights Ombudsman's relevant deci- ment was reached on April 5, the situation sion of 10 November 2016 became relatively stable. According to the offi- 41 http://hcav.am/publications/16-01-2016-06/

DITORD/OBSERVER. 2017 16 later on were released, while Gevorg On the night of 29 July 2016, in the after- Safaryan was arrested on 3 January 2016 on math of the events that took place in Sari charges of violence against a policeman. Tagh neighborhood 40 rally participants were Gevorg Safaryan was charged under Article arrested for having committed acts punish- 316 Part 1 of the Criminal Code. At present able under Article 225 of the RoA Criminal the case is in the court of law, while Gevorg Code (mass disturbances). Among them were Safaryan is still under arrest. opposition figures as well as rally organizers On 20 June 2016, Jirair Sefilian, a leader Hovsep Khurshudyan, Armen Martirosyan, of the Constituent Parliament political move- David Sanasaryan and Andrias Ghukasyan. ment, was detained on suspicion of having Later on, except Andrias Ghukasyan, the organized illegal acquisition, transportation other three activists were released on bail. and possession of weapons and ammunition On 30 July 2016, Davit Hovhannisyan, a by a group of people. In connection with the participants of the events that took place in Sari incident a criminal case was instituted under Tagh neighborhood on 29 July 2016 and a Article 235 Part 2 of the RoA Criminal Code. member of Arise, Armenia! Initiative, was According to the RoA Investigations detained and then arrested. He was charged Committee's communiqué, Jirair Sefilian with under Article 225 Part 2 of the RoA Criminal a group of people planned to seize buildings Code (participation in mass disturbances). On and structures, means of communication, 24 October 2016, the Court of Appeals for including the Yerevan TV Tower by armed criminal cases rejected the appeal against the groups using weapons. Jirair Sefilian has since arrest. been under arrest. In connection with the criminal cases Persecution became particularly relent- instituted following the seizure the Patrol less against participants (many of whom were Police regiment in Yerevan by the Daredevils political figures) of the peaceful rallies that of Sassoun group 30 more individuals were were held in connection with the seizure of arrested on charges of occupying buildings the Patrol Police regiment unit by the and facilities and of aiding and abetting the Daredevils of Sassoun group. occupation, of illegally acquiring weapons, On 20 July 2016, Karo Yeghnukyan, a ammunition, explosivesor explosive devices, member of the Constituent Parliament polit- and of participating in mass disturbances. ical movement, was detained on charges of Court hearing of cases of 6 individuals has aiding and abetting the Daredevils of Sassoun been completed. The defendants pleaded group and of having telephone conversations guilty and accelerated procedure of trial was with them. Karo Yeghnukyan was charged used (Areg Sadoyan, Rafael Karagyozyan, under Articles 218 and 219 of the RoA Arman Mkhitaryan, Hayk Hovhannisyan, Criminal Code for assisting in taking Albert Avagyan and Narek Sargsyan). In all hostages and in occupation of buildings, those cases the accused were given prison facilities, means of transportation or commu- sentences. Only Arman Mkhitaryan and nication and other communication lines. Hayk Hovhannisyan went to prison; in all Such actions are punishable by a prison term other cases a suspended sentence was given. of 8 to 15 years. One gets an impression that authorities and

17 DITORD/OBSERVER #1. 2017 the accused reached a special agreement: if 2016 well-known musician Vahan the accused plead guilty, the accelerated pro- Artsrunie received a phone call from the cedure of trial will be used and a suspended NSS and was invited for a conversation. In Vahan Artsrunie's words, in the NSS he sentence will be given. was given several questions related to his The measure of restraint for 8 individuals ties to the Constituent Parliament and his was changed and they were released, while participation in the rallies staged in others are still under arrest. Khorenatsi Street in Yerevan in July as Shant Harutyunyan and his 9 followers as well as to his income. Vahan Artsrunie qualified the NSS actions as political pres- well as Hayk Kyureghyan and Volodya sure brought to bear on him because of Avetisyan remain in prison. his opposition views.42 The RoA National Security Service (NSS) carries out covert persecution for political views. Thus, on 12 December 42 http://www.aravot.am/2016/12/13/837042/ Freedom of conscience and religion

ince Armenia's independence, the would be made to repeat the year. The school Armenian Apostolic Church has principal treats the boy in a markedly contemp- Sbeen trying to play a more promi- tuous way, while other teachers do not engage nent role in the life of the State and public at him in class. The NGO submitted a query let- large and that has become a State policy. ter to the Ministry of Education and Science There are grounds to contend that the and asked that a solution be found for this case Armenian Apostolic Church and State offi- and that a policy be formulated for such situa- cials have given rise to a discriminatory dis- tions in line with the Law on Alternative course on the right to freedom of conscience Service. In its reply the Ministry noted that it is and religion.The merge of the Church and the incumbent on the child to take part in classes State is reflected most prominently in the and to comply with teacher's instructions and army and in the sphere of general education. that there will be no special treatment. Only In October 2016, Collaboration for intervention of the Human Rights Ombudsman Democracy NGO received a letter from smoothed over the situation; however, the Jehovah's Witness G. Ananikyan, who lives in Ministry of Education and Science refuses to the city of Vanadzor. In his letter formulate a policy for such cases. G. Ananikyan says that his son, who is From 2013 on, over 70 Jehovah's an 8th-grader in Evrika school in Vanadzor and Witnesses have opted for the alternative non- who refused to take part in the exercises with a military service. This is significant progress weapon in the preliminary military training for Armenia. However, the same logic should class, was threatened by the teacher that he be applied to the solution of the problem of

DITORD/OBSERVER. 2017 18 students who are Jehovah's Witnesses and by the Ministry. The Ministry officially therefore refuse to take part in the exercises denied the occurrence of discrimination so with a weapon in the preliminary military that there would be no legal grounds for a training class in general-education schools. court case. Time and again, information is received During his press conference Mr. Sevan about instances when school teachers force Aghajanyan, the Chairperson of the Front for students to change their religious beliefs. In Preservation of National Values NGO, made spring 2016, Ms. Yeghikyan, a teacher in an appeal urging everyone to come together basic school N 22 in Vanadzor, continuously and to jointly fight religious entities43. subjected children of local Evangelical Numerous media outlets covered the press Church members to discrimination. It was conference; however, law-enforcement agen- only due to the intervention by Collaboration cies do not institute a criminal case when for Democracy Center that discrimination such appeals are made. stopped. The teacher tried to force students The Armenian Church continues to who are members of the Evangelical Church strengthen its position in the army. Military to change their religion. As regards this situ- services are ordered to march to a church and ation the Ministry of Education and Science are forced to take part in religious cere- replied that such cases had not been regis- monies. However, clergy from other religious tered by them. According to the information denominations whose members serve in the received from Vanadzor (our source is Pastor army are not given an opportunity to visit Rafael Grigoryan) the issue was resolved and military units. the teacher changed her attitude. In all likeli- hood, she was unofficially given a warning 43 http://www.yerkir.am/news/view/103798.html

The rights of the child

Right to education; children all, encourage the development of different out of school forms of secondary education, and make them available and accessible to every As per the RoA Constitution, everyone child. Findings of the studies conducted in shall have the right to education44 and com- Lori region in 2012 by Helsinki Committee pulsory basic education is guaranteed by of Armenia45 and in 2014 by the UN the State. In its turn, Article 28 of the UN Children's Fund (UNICEF)46 indicate that Convention on the Rights of the Child stip- ulates that States Parties recognize the right 44 http://www.parliament.am/parliament.php?id=constitu- of the child to education and make primary tion, RoA Constitution, Article 39 45 http://armhels.com/publications/usucumic-durs-mancats/ education compulsory and available free to 46 http://www.unicef.am/uploads/files/docs/OOSC%20 Armenia%20Pilot-CaseStudy%20arm1.pdf

19 DITORD/OBSERVER #1. 2017 the children who are mostly from socially Children with disabilities; vulnerable families and families that have inclusive education internal problems or who have to help their rticle 23 of the UN Convention on parents in household work are to some the Rights of the Child stresses that a extent denied the right to education. There A disabled child should enjoy a full and decent are many instances when children do not life, in conditions which ensure dignity, pro- attend school because of discriminatory mote self-reliance and facilitate the child's treatment (both by teachers and by class- active participation inthe community. mates) or because they have to repeat a The RoA Law on Education on Persons year. Many children are formally enrolled with special educational needs that was in schools because general-education adopted in 2005 introduced inclusive educa- schools are funded based on the number of tion in Armenia. In 2014, the RoA Law on students. Therefore teachers often do not General Education was amended to establish properly register attendance. Very few universal inclusive education48 as a State pol- schools have psychologists and social icy in the Republic of Armenia. It is planned workers who can work with children who to complete the entire process of introduction are out of school or who have problems at of inclusive education system in 202249. school and with their parents. Besides, in According to the data provided by the many instances the trusteeship and Ministry of Education and Science, in 2015 guardianship bodies and commissions do there were around 190 inclusive schools in not supervise in a timely and effective fash- Armenia, which were attended by about ion the issues related to education rights of 5,000 children with special educational children who reside in their communities. needs. Of those, 2,200 children went to spe- The results of the discussions held at the cial education schools, while 3,000 children conference Well-being and protection of the to inclusive schools. In a number of schools rights of the child in the Republic of that provide inclusive education inclusive- Armenia that took place on 18 November ness is for the most part is limited to merely 2016 definitely demonstrate that there has construction of ramps, whereas inclusive been no significant progress as regards the schools should be completely adjusted to the solution of the problems existing in this needs of children with disability. For field. A comprehensive study on children instance, conditions of the physical plant of left out of school has not been conducted in the school in the village of Argavand50 in Armenia. Besides, even now it is not clear Armavir region do not make it possible to which State entities are responsible for provide classrooms for inclusive education, ensuring that children get compulsory edu- cation47. It is also symptomatic that so far 47 http://armhels.com/video/dproc-chen-gnum-2/ 48 Inclusive education is education for all regardless of the the definition of and criteria for children child's physical, social or mental problems and rules out left out of school has not been provided in discrimination against children, ensures equal treatment of everyone, and in the education system creates ade- legislation. quate conditions for persons with special educational needs. 49 http://hetq.am/arm/news/22130/hayastanum-nerdrvum- e-nerarakan-krtutyan-hamakargy.html

DITORD/OBSERVER. 2017 20 specialists in the system of inclusive educa- upbringing of the child in the family the State tion give instruction in one classroom in dif- and its relevant bodies should provide assis- ferent hours. Each child who gets education tance to parents or other lawful representa- in an inclusive school has personal individu- tives. According to the 1 November 2016 ality; therefore educators' professional data, about 643 children55 receive care in 6 expertise, knowledge and skills as well as orphanages, and about 640 children from their attitudes and commitment to the mission socially vulnerable families get it in 6 board- are also very important. As an example, an ing institutions for child care and protection56. incident in Yerevan school # 12551 can be The data are almost the same as those for pointed out, where the school principal 2015 and give grounds to conclude that the refused to admit a 7-year-old child with main mode of organizing care for children in cerebral palsy. Armenia still remains organization of care for children through institutions. The study of Institutionalization and children's needs demonstrates that the main alternative care reasons for children to be in those institutions he main ideology underlying the RoA are their families' socioeconomic problems as TGovernment policy is provision of well as housing and other problems. care and upbringing to children through fam- Furthermore, the assessment findings indicate ily52. By its Decree N 303-N of 2014 On that the significant majority of children (65%) approving the program of actions ensuing can return to their biological families if with- from the National strategy for human rights in the framework of the reforms alternative protection, the RoA Government planned to services will be created in the communities of make a required redistribution in the State children's residence in conformity with the budget and to increase the number of foster children's assessed needs57. families. That, however, did not adequately 50 http://www.armradio.am/hy/2016/11/19/%D5%B6% solve the problem of the child's exercising the D5%A5%D6%80%D5%A1%D5%BC%D5%A1%D5%AF right to live in the family. However, the %D5%A1%D5%B6- %D5%AF%D6%80%D5%A9%D5%B8%D6%82%D5%A Guidelines for the Alternative Care of 9%D5%B5%D5%A1%D5%B6- Children adopted by the General Assembly %D5%B4%D5%A1%D5%BD%D5%B6%D5%A1%D5% A3%D5%A5%D5%BF%D5%B6%D5%A5%D6%80%D5 Resolution states that removal of a child from %A8-%D5%B9%D5%B8/ the care of the family should be seen as a 51 https://news.am/arm/news/281658.html 52 https://www.e-gov.am/u_files/file/decrees/kar/2012/12/ 53 measure of last resort and that the State MAR-1694.pdf efforts should primarily be directed to 53 https://www.unicef.org/protection/alternative_care_ Guidelines-English.pdf Part B, para. 14. enabling the child to remain in or return to the 54 See: Ibid. Part A, para. 3. care of his/her parents, or when appropriate, 55 According to the RoA Human Rights Ombudsman's Annual Report for 2015, as at December 2015, 660 chil- 54 other close family members . Furthermore, as dren received round-the-clock care in round-the-clock per Article 13 of the RoA Law on the Rights child care institutions for social protection of population. 56 http://www.mlsa.am/home/index.php?menu_id=110& of the Child, the care and upbringing of the child_id=128&code_id=194 child should primarily be provided in the fam- 57 Draft RoA Government Decree On approving the pro- gram and schedule of measures for reducing the num- ily. With a view to ensuring adequate care and ber of children in institution for children's care and pro- tection.

21 DITORD/OBSERVER #1. 2017 Protection of personal data show 'Semi-open windows' instances were observed when a child would get emotional egistered were instances of violation or a parent would quote a doctor who said of protection of children's personal R that "your child will grow a moron"59. In data. That causes psychological harm to the those instances the authors of the show did child and leads to discrimination and to neg- not edit those segments, which resulted in ative treatment by other children in the same double victimization of the child. It should be age cohort. On 28 February 2016, the noted that as per Article 34 of the RoA www.shamshyan.com web-site posted first Constitution,everyone has the right to protec- and last names and age of children in the tion of data concerning him or her. boarding institution and the name of the insti- tution as well as photos of children. Other 58 https://armenia.savethechildren.net/news/position-state- media outlets disseminated the same infor- ment-use-children%E2%80%99s-personal-data-mass- media 58 mation , which made possible to identify 59 Media Monitoring Report on Ensuring minors' rights in children. At the same time, during the TV Armenian broadcasting media. World Vision Armenia.

Women's rights

1 October 2010, 20-year- istered, including 370 instances of violence old Zaruhie Petrosyan against woman committed by her husband or On died as a result of severe partner. 1,956 women contacted the RoA beating. In the aftermath of this incident, 7 Police during the first 10 months of 2016 and non-governmental organizations came informed about violence of various kinds. together and established Coalition to stop During the same period of time 10 women violence against women60. The Coalition's were murdered as a result of domestic vio- demands are prevention of domestic violence lence and the Coalition member organiza- incidents, fair trial and adoption legislation tions received about 5,000 calls via hot lines. that would prevent domestic violence. In In 2010-2016, non-governmental organiza- 2016, the Coalition disseminated numerous tions registered at least 40 femicide cases. informational materials, observed discrimi- The data that would adequately reflect the natory attitude towards women in the judicial existing situation with domestic violence are system and published a study addressing lacking because of imperfect statistical tools cases of murdered women Femicide in 61 Armenia: A Silent Epidemic . 60 The Coalition's web-page is http://coalitionagainstvio- According to the official data of the RoA lence.org/en/home/ 61 The entire Report can be accessed at http://coalitiona- Police, during the first 10 months of 2016, gainstviolence.org/wp-content/uploads/2016/05/ 563 instances of domestic violence were reg- Femicide_Report_ARM.pdf?x24321

DITORD/OBSERVER. 2017 22 and law enforcement agencies' inaction and "crime of passion" or "jealousy-motivated especially because women often do not noti- crime" result in a wrong characterization or fy the police. inadequate presentation of the crimes, there- The factual circumstances related to vio- by affecting the entire trial process as well. lence against women are hard-to-get for the In contrast to relatively non-discriminato- law enforcement system since a prevalent ry gender-related legislative framework, in view shared by most people is that it is best reality manifestations of discrimination are not to disclose them, while even when data prevalent in judicial practices in Armenia are accessible, the connection between mur- such as blaming the victim and a markedly ders and violence preceding them is not con- lenient attitude towards the crime committed firmed because violent incidents are not doc- by perpetrator, thereby undermining the umented or are not reflected in the results of opportunities provided by law and denies the a forensic examination. Not infrequently, woman the right to fair trial. The adoption of death threats and other warning signs are the law aimed to prevent domestic violence ignored because law enforcement officers do can make a considerable contribution to elim- not have relevant skills or do not want to ination of the above-mentioned problems. properly assess risks. On numerous occa- However, the law is still at a drafting stage. sions, when women victims of violence ask policemen's help, necessary actions are not 62 Heghineh Darbazyan (1977-2015). Mother of two chil- taken62. When used at a preliminary investi- dren, Heghineh lived in the city of Yerevan, was subject- ed to psychological and physical violence during the gation stage of criminal cases instigated on entire period of her marriage. She went to police on sev- the grounds of homicide or infliction of grave eral occasions; however, she did not get adequate help from police. She had separated from her husband one bodily injuries, the qualifications such as year prior to his stabbing her at her workplace.

Rights of LGBTI people

iscrimination against LGBTI es, educational institutions, etc. 13 instances people on the grounds of their of infringement of LGBTI people's rights Dsexual orientation and gender were registered, with 3 being instances of identity63 and resultant other violations of physical violence. A transgender person64 their rights went on in 2016 as well. was a victim of two incidents of violence. In In 2016, violations such as discrimination one incident he was assaulted and beaten in and hate speech on the grounds of persons' the street and in the second incident he was sexual orientation and gender identity were stabbed. In the third incident, minor's homo- registered in different spheres, viz. in work sexuality became known at school and then relations, armed forces, use of public servic- in the family as a result of which that person

23 DITORD/OBSERVER #1. 2017 was subjected to violence and to limitation of the RoA Criminal Code do not include freedom. In armed forces, two servicemen in person's sexual orientation or gender identity fixed-term military service were subjected to as a qualitative feature of hate speech crime. denigrating treatment, when their sexual ori- Likewise, Article 63 of the RoA Criminal entation became known. Reports about crime Code, which outlines liability and an exhaus- were submitted regarding 4 of the above- tive list of aggravating circumstances, men- mentioned and other incidents. A criminal tions only ethnic, racial and religious motives case instituted with regard to one of them was as aggravating circumstances for an act com- discontinued, no criminal case was instituted mitted on the grounds of hate. It is a concerning two incidents and one incident is well-known fact that analogy is prohibited in under investigation. application of the criminal law, i.e. the inci- The nature of the complaints received by dents of hate crime on the grounds of person's Public Information and Need of Knowledge sexual orientation or gender identity cannot non-governmental organization (PINK have an impact on qualification of crime and Armenia)65 as well as testimonies of persons on the decision regarding punishment who are victims of violations clearly indicate because of a legislative gap. During prelimi- that LGBTI persons often do not lodge a nary investigations such crimes are qualified complaint. It is accounted for by their con- according to the act without taking into con- cern lest their sexual orientation and gender sideration the motive behind the act, premed- identity should be revealed to other people itation and intention and then drop the and lest they should be subjected to discrim- charges on the grounds of the absence of the inatory treatment because of the complaint elements of corpus delicti. that they lodged. The same concern applies to protection of rights in a court of law owing to 63 Gender identity refers to person's individual experience the fact that court and rights protection proce- and perception of their gender, which may or may not correspond with their birth sex, including perception of dures are open to public. their own body and other gender manifestations, viz. Even though Article 29 of the Armenian clothes, speech and conduct. 64 Transgender are those transsexual persons who always Constitution bans discrimination on any live in conformity with their preferred gender, and med- grounds, a specialized law containing similar ical intervention is not a necessary condition. Here the term is used as an umbrella one covering all those indi- provisions has not been adopted yet, while viduals whose gender identity and/or gender expression the legislation currently in force has gaps. In differ from their birth sex. 65 The organization's web-site is particular, the norms of the Special section of http://www.pinkarmenia.org/

DITORD/OBSERVER. 2017 24

ISSN 1829-1732

DITORD/OBSERVER E-mail:[email protected] www.www.armhels.com