What did they say in Hammarberg’s ear?

24/01/2011 Armine AVETYAN

Yesterday Thomas Hammarberg, the Council of Europe commissioner for human rights, met with the members of the parliamentary factions.

At first he met with the members of the three ruling coalition factions. Among them were Artak Zakaryan from the Republican faction, Naira Zohrabyan from Prosperous Armenia and Hovhannes Margaryan from the Legal State. He also had separate meetings with the ARF and Heritage members. Hammarberg also met with the deputy-chairman of the Armenian parliament and the former head of the ad hoc commission on the investigation of the March 1-2 events Samvel Nikoyan. During all the meetings Hammarberg spoke about political prisoners. The member of the Heritage faction Zaruhi Postanjyan informed that the commissioner had already met with a political prisoner Sasoun Mikaelyan and thought that the latter had a poor health. Hammarberg found the release of Mikaelyan from prison quite possible because of his health issues. As of the other political prisoners Hammarberg mentioned that the issue of their release is in a deadlock situation. According to him only the amnesty may determine their release but as the imprisoned opposition politicians refuse to apply for amnesty there is no other option for solution. Perhaps the representatives of the government convinced Hammarberg that it’s the solution of their release. Prior to that Hammarberg has met with the representatives of government, among who was the minister of justice Hrayr Tovmasyan. In general, during those years the government has tried various methods to attain amnesty petitions from the political prisoners by keeping them in jail. Thus they were trying to justify this step by saying that there is no legal method of releasing these people. “This was done in the context of the amnesty petitions, as a result of which dozens of people were released from prisons by the president’s decree. So all this is done in the legal aspect. The political aspect should be excluded,” Naira Zohrabyan told the journalists. “We told Hammarberg that there is no such thing as deadlock in the process. The amnesty is always an option. The RA president proposes amnesty to the NA. The NA summons an extraordinary session. And within one hour the parliamentary majority may adopt a decision to declare amnesty and these people will be released,” Z. Postanjyan told Hammarberg. The release of the political prisoners was also discussed with the members of the ARF faction. The faction presented a package of proposals on the reforms of the ‘Electoral Codex’ and issues of the freedom of speech. For the further monitoring of the March events, the ARF proposed to establish an oversight committee, however the Parliament decided to assign the fulfillment of the function to the NA standing committee on legal-state affairs. In the words of Rustamyan they have pointed out that a special amnesty should be granted to the prisoners of March 1-2 events. But according to Rustamyan they haven’t used the term “political prisoner” by considering the formation the function of the law-enforcers. A Council of Europe commission has been for several months working to bring up clear definitions to the term “political prisoner.” And perhaps the ARF is waiting for this definition. Hammarberg himself also shunned using this term. Does he consider Nicol Pashinyan a political prisoner? “I will discuss this matter with him,” Hammarberg told the journalists. He will meet with Pashinyan today. Let us remember that during his previous visit Hammarberg gave a very strict definition to the events of March 1-2 by calling it a “political vendetta.” Another MP of the NA Heritage faction Armen Martirosyan told Hammarberg that the European structures also have their fault in the current situation of Armenia. “If the European structures as well as Hammarberg are more consistent in their efforts the political prisoners will be released for sure but the Council of Europe is not consistent in relation to Armenia as after March 1 we have political prisoners, 10 murders, closed TV companies, etc. If a relevant pressure is exercised in relation to our government then the political prisoners will be released.” During the meeting with Hammarberg Samvel Nikoyan presented the works of the NA ad-hoc committee for the study of the events of March 1-2, 2008 in Yerevan and the reasons of the events. Nikoyan also provided the general description of the report, presented by the ad-hoc committee. Nikoyan assessed the work, carried out by the committee, as positive in connection with its publicity; however, Nikoyan said, the opposition did not want to partake in the works of the committee. In answer to Thomas Hammarberg’s question whether it is possible to find new facts on the basis of the facts, presented by the ad-hoc committee, Nikoyan said the prolonging of the activity of the interim committee was aimed at finding new facts; however the facts were not enough for making a conclusion on the cases of death. Nikoyan also responded to the question whether the NA Standing Committee on State-Legal Affairs can offer efficient solutions to the issues, presented as proposals by the interim committee, headed by Nikoyan, by being engaged in full legislative work or not. The NA deputy chairman said he appreciates the legal part of the activity and report of the Standing Committee on State-Legal Affairs and noted that there are a number of economic and social issues, which are beyond the committee’s jurisdiction and that a long period is needed for the solution of those issues. During these meetings the commissioner of the Council of Europe also discussed with the political parties the level of conduct of the requirements of the PACE resolutions, the current situation in the country, the level of media freedom and issues related to the activities of TV and Radio Commission of Armenia. The opposition politicians informed that they had told Hammarberg that the government had not done anything in this regard or what they had done was “incomplete.” The coalition parties mentioned that certain steps were taken in that direction. “It is evident that immense work was done based on the recommendations of the last resolution of the PACE but we cannot claim that we have reached to abide with all the recommendations of the resolution. We have introduced which of the recommendations have been taken into account and which are in the process of fulfillment,” mentioned Zohrabyan. He also mentioned that the NA will most probably in spring adopt the law on rallies and protests, which will not allow any state official to ban rallies or demonstrations without any legal grounds. Yesterday evening Hammarberg also met with the relatives of political prisoners, including Nicol Pashinyan’s wife Anna Hakobyan and Sasun Mikaelyan’s sister. Hammarberg will share his impressions about Armenia during the press conference to be summoned tomorrow. He will probably prepare a report, which will be discussed at the PACE session, during which they won’t discuss the issue to what extent Armenia has abided with the requirements of the resolution. This will probably be done in spring. This will be done co-rapporteurs will take their impressions from our country after their expected January visit.