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January 2017 ITORDOBSERVER (71) HUMAND RIGHTS IN #ARMENIA1 Helsinki Committee of Armenia 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 - Yerevan, 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 Azerbaijan 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 Vanadzor 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 Gyumri 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.