– What was discussed during the PACE session?
– The main topic of discussion at the session was the 1643 resolution implementation, which concerns the process of implementation of the resolutions 1609 and 1620 as well. As you know, there was a problem with time because the articles 225 and 300 had to be changed. In consideration of the fact that the Venice commission submitted the conclusion on the draft after the first reading only, it is normal that the Venice commission would discuss that issue again, which was done later. It was our main job and we did it, and the commission’s opinion was positive. The Monitoring commission welcomed the amendments in the law and said that the mentioned amendments fully correspond to the requirements and questions so far.
Besides that we have also provided them with answer to certain questions. Specifically, the questions and answers concerned the law on TV and radio and some provisions of expertise. We also discussed the upcoming mayoral election in Yerevan.
Yesterday the co-rapporteurs made an announcement, in which they reminded what they had said in their resolution. They said that those who had not committed violence or coordinated such activities should be set free. In the mentioned announcement they welcome the parliament’s initiative to concretize the mentioned law and make it clear that the parliament does not want anyone to be persecuted due to political reasons, and now this process is still going. Now the Monitoring commission is waiting for the results, i.e. waiting to see how it will be applied in practice. Besides that they remind us about the fact that there are people who have been judged under laws other than the articles 225 and 300 of the criminal code and they will consult with the parliament as partners to look for solutions.
– Is it possible that Armenia’s issue may not be discussed at the PACE plenary session and the co-rapporteurs hold only a session of the Monitoring commission before the session?
– Definitely Armenia’s issue will not be discussed during the session in April. I think that it has been discussed only at the Monitoring session. Certainly there are cases when issues are urgently included in agendas but I don’t think that this is the case and I think that Armenia’s issue will be discussed at the Monitoring session.
– Do you think that the co-rapporteurs were expecting such application of the law? In other words, do you think the co-rapporteurs will be satisfied with the fact that the case of seven has been separated to different cases? In their requirement they clearly said that the ones who had not committed or ordered to commit violence should be set free.
– I can’t say what expectations they had. They think that the problem should be solved anyway and they had questions. Thus it seems that we are on the way of looking for solutions. The law amendment in the criminal code is one of such possible solutions. However the fact that the accusation under the article 300 has been cancelled is a good achievement. As for the fact of separating the case, I think that the PACE does not care about it because it is the inner proceeding of our state. On the other hand, it is another thing whether the accusation is changed and how. I don’t think that they will discuss each detail of the accusation in this phase, but ultimately they will discuss it. I don’t exclude the possibility that this issue may be discussed by the ombudsman and other people as well. However, it is a fact that there have been practical steps. It is also a fact that the article 300 has been taken out of the criminal code. Now let’s wait and see what will happen to the court proceedings and the case. It is clear that this case will stay in the center of the public attention. However it is hard to say what the outcome will be because in order to understand the stream of the case one should be involved in the case and know the details and the proofs. I don’t know what proofs the prosecutor has.
– What will be the policy of the CoE toward Armenia after reporting the current situation to the Monitoring commission during the session to take place in the end of April?
– It is not time to speak of that because it is not clear when the trial will re-start and what will happen. In a word, it is impossible to forecast now.
– The process may last several months.
– I don’t know. However we should start it as soon as possible because those people are in cells and this process should start urgently. I think that the CoE will be more curious to the details now. If they try to go through the details, they will have to examine the proofs, which I think may start in the future.
– Will there be any punishments imposed on Armenia and will the term of the responsibility fulfillment be prolonged again if Armenia fails to release the political prisoners?
– The CoE does not demand to merely release them; they say the prisoners should be released if they have not committed violence. It is a fact that our legislation has been improved to make this part clear. Now it is up to the court to proceed the case and I think if the accusation for persecution with political motives has been taken out, they will be more focused on the proofs and details of the legal proceedings. They can draw conclusions only after the trial is finished.
– Do you mean that the court will close the case within one month?
– I don’t think that the court may make a final verdict within one month. What I say is that now they will be more focused on the proofs and details. The law was not concrete and it did not make it clear whether violence had to be committed directly to be judged or no, but now it is concrete and corresponds to the requirements of the CoE. Now the court has to prove whether these people have committed violence or whether they have supported or made others to do such violence. In this case the CoE does not demand to set the prisoners free and it depends on the court proceedings and results. In other words, the most important thing is the quality of the court proceedings.
– What does the Monitoring commission say about the mayoral elections in Yerevan?
– First, the commission welcomes the coalition’s decision to participate in the elections with separate lists. They also welcomed the initiative of the opposition political power of Levon Ter-Petrosyan to take part in the elections and said that it means that the political field of Armenia is mature. I think that it is logical because if the coalition parties are participating in elections separately, it means they are politically mature.
– Haven’t they monitored the situation in advance and said what would happen if the elections proceed with violations again?
– No, such things are not discussed because so called bad things are not written in advance. They don’t say what will happen if you do this or that thing.
– What if they say that in consideration of our past experience?
– No, they don’t do that. They only say that this is a serious challenge. We say that too; we say it is a big challenge because a lot of people are involved.