January 2016 ITORDOBSERVER (70) 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 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 - 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 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 Serzh Sargsyan'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 Prosperous Armenia 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 Gagik Tsarukyan. The Prosperous February 20 taking into consideration Armenia political party 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 Heritage 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.