Time of “tests” is over

14/03/2011 Armine AVETYAN

On March 15 the co-rapporteurs of PACE John Prescott and Axel Fischer will arrive in Armenia. They are coming to get information on what the status of fulfillment of the PACE resolution 1677 is.

Let us remember that the PACE has adopted the resolution about Armenia in its summer 2009 session. The PACE expressed a concern that the Prosecutor General had so far not investigated the culprits of the 2008 tragic events; the one who killed 10 victims. They were also concerned that the authorities often deny granting license to the opposition rallies. The Assembly has emphasized that in parallel with the digitization of TV companies shouldn’t have become grounds to deprive A1+ from airing. In this resolution the Assembly signified the reforms in the police and election process. All these matters have from time to time become subjects of discussion for the PACE and from time to time the Armenian government would make statements on those and undertake certain initiatives. But none of the requirements of the resolution have been fully complied. The 8 political prisoners of the March 1 case are not yet released. Last time prior to the visit of the co-rapporteurs the government has released 1-2 prisoners but this time it seems the government doesn’t do much to release the prisoners. Moreover the probation of political prisoner Aram Bareghamyan has run out on February 9, Shmavon Galstyan’s – on February 2 but they are still kept in penitentiaries. And Roman Mnatsakanyan’s parole has run out back in December 2009. Nonetheless, yesterday we tried to find out from the Armenian politicians and especially the PACE delegation members what they’re going to present as the conduct of the requirements of the PACE. Have these requirements been taken into account two years after the issuance of the last resolution. Indeed, the co-rapporteurs will meet with the members of the delegation but the chair of the delegation Davit Harutyunyan and members Armen Rustamyan and Hermine Naghdalyan are not in Armenia on these days. So the main function of receiving mild formulations from the co-rapporteurs is the duty of Harutyunyan. The member of the Armenian delegation to PACE, member of the Legal State faction Artsrun Aghajanyan told us on the telephone that “in the general sense” the requirements of the PACE had been fulfilled. “Indeed, there are certain points, which have been fulfilled partially because they are in process, such as the ones related to legislation and judicial system. During the discussion these matters will be touched upon. So certain work is being done. We also know that there are certain points, which have not been fulfilled and those worry our society. In the police serious reforms are anticipated. We already have an appropriate program. This matter has also been discussed within the Security Council and is being implemented under supervision of the President. The new election code is pending discussion. I think the c0-rapporteurs should be satisfied,” says A. Aghajanyan. The member of the opposition Heritage party in the Armenian delegation to PACE Zaruhi Postanjyan has an exact opposite opinion. In her words almost all the requirements of the PACE resolution have been ignored by the Armenian government. The MP is sure that the co-rapporteurs will address these matters in their reports after their visit to Armenia. Postanjyan also thinks that besides the report in late April during the PACE spring session the PACE will adopt a new resolution for Armenia. It’s been almost two years that new resolutions have not been adopted for Armenia by PACE. Due to the pre-election and pro-election processes of 2008 our country is in the mode of monitoring. Postanjyan also thinks that the Armenian authorities have not implemented the requirements of the resolution. “No matter how hard they try to reform the code on police the sector remains in the same condition. The best evidence of that is the violent behavior of the police on March 3 and the fact that they didn’t allow the peaceful protesters practice their constitutional right in front of the government building. The best evidence of that is the deprivation of the airing time of ALM and A1+ was never able to restore its broadcasting. And the reforms of the election code are being done only and exclusively based on the agenda of the government. It doesn’t have anything common with the actual interests and expectations of our society. The government itself initiates reforms, writes laws for itself and these laws do not absolutely provide any positive results,” says the MP. Unlike Aghajanyan, Postanjyan doesn’t think that this time the authorities will be able to convince the PACE co-rapporteurs or other PACE representatives. “A reference should be made to the top official of Armenia, the person, who occupies the chair of the president Serzh Sargsyan and try to make him understand that this time tests cannot be expected from the international structures,” says Postanjyan. Let us remember that one of the co-rapporteurs of Armenia has changed and instead of Prescott Fischer will visit Armenia. And yesterday lawyer Vardan Harutyunyan has sent an introductory letter to the co-rapporteur. The lawyer said that the presidential elections of 2008 were openly marred and due to that for 10 days people have been protesting. On March 1 the police decided to oppress the demonstrations by the use of arms. As a result 10 people were killed and over 200 people were wounded. The lawyer focused the attention of the co-rapporteur to the unjust court trials of the March 1 case, to the political prisoners, who are in jail because of their political views. He also expresses hope that the co-rapporteur will follow his mandate and will do his best to terminate the injustice in Armenia and save the people from political persecutions. “We are sure that during these three years the PACE has not fully exercised its powers to terminate political persecutions in Armenia. Our people have impatiently waited for the visit of each Council of Europe and PACE representatives but their hopes were not justified. Decisive and incremental pressure was not exercised to cease persecutions in the country and immediately release the political prisoners. Unknowingly, our government has always left space for maneuvering. As a result the political prisoners continue being in jails and political persecutions still continue. Recently they are rumors that the PACE has come to an agreement with the Armenian government and instead of their demand to immediately release the prisoners they have agreed that the government can keep them in jail as long as they do not have legal grounds for their release,” writes Harutyunyan in his letter. In the end the lawyer expresses hope that the co-rapporteur will be loyal to the spirit of the PACE resolutions and his mandate. “I wish to believe that you will do everything in your power to ensure that all the political prisoners of Armenia, who have been in jails for three years now, are released immediately,” concludes Harutyunyan.