Doc. 10027

12 January 2004

Report

Summary
 

2003 has been a busy electoral year for Armenia and as a result no further
progress has been made in the current reforms. Nevertheless, since September
2003, undeniable efforts by Armenian authorities are once more showing a
real political will to making progress towards honouring obligations and
commitments which Armenia entered into : it abolished the death penalty,
adopted a new Criminal Code, adopted a law on the Ombudsman, created an
alternative military and civilian service, adopted a law on the mass media
and a law on freedom of information and revised the law on radio and
television broadcasting, and honoured all its commitments with regard to
conventions.з

However, the Monitoring Committee cannot but express its profound
disappointment at the conduct of the presidential and parliamentary
elections held in 2003 which gave rise to serious irregularities and massive
fraud.

The Monitoring Committee also expects further substantial progress as
regards the functioning of the judicial system and the independence of the
judiciary, the situation in Armenian prisons and the conditions of
detention, the misconduct of law enforcement officials, freedom of
demonstration, the revision of the Administrative Code, the revision of the
Electoral Code, media pluralism, increased local self-government, the fight
against corruption, and the respect of religious freedom.
 

The Parliamentary Assembly also calls on the Armenian authorities to speed
up the agenda for the revision of the Constitution and to take immediate
measures to implement some other commitments, in particular by appointing
the ombudsman in full compliance with the Assembly recommendations, and by
releasing conscientious objectors imprisoned without delay.
 

I. Draft resolution

1. Armenia has been a member of the Council of Europe for three
years. On 26 September 2002, the Assembly considered its first report on
Armenia's progress in honouring its obligations and commitments. It
concluded in Resolution 1304 that "since its accession to the Council of
Europe, Armenia has made substantial progress", while regretting that it had
not honoured some fundamental commitments within the time limits previously
agreed upon.

2. 2003 has been a busy electoral year for Armenia and as a result no
further progress has been made in the current reforms. Nevertheless, since
September 2003, Armenia's undeniable efforts show that it is once more
committed to making progress towards honouring its obligations and
commitments.
 

3. The Assembly notes that Armenia has honoured almost all of its
commitments with regard to conventions and welcomes the fact that it has
ratified Protocol No. 6 to the European Convention on Human Rights, the
European Outline Convention on Transfrontier Co-operation and the Convention
on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime.
 

4. It considers that the forthcoming ratification of the revised
European Social Charter should permit positive social progress in Armenia
and asks the Armenian authorities to launch a comprehensive debate on how
social rights should be effectively promoted.
 

5. The abolition of the death penalty as a result of the ratification
of Protocol No.6 to the European Convention on Human Rights in September
2003, constitutes essential progress in the honouring of commitments and is
a positive, strong and symbolic signal.

6. In this connection, the Assembly welcomes the adoption, in April
2003, of a new Criminal Code that no longer includes the death penalty; it
takes note of the Armenian authorities' assurances that the law concerning
the implementation of the Criminal Code, which was adopted at the same time
and maintained the death penalty for a number of serious crimes, has become
obsolete following the entry into force of Protocol N° 6.

7. It notes that the presidential decree of 1 August 2003 commuting
the death sentences of 42 persons to life sentences has raised strong
protests from some of them. The Assembly believes that this issue should be
dealt with on a case-by-case basis and urges the authorities concerned to
re-examine as soon as possible the cases of those who had asked for a change
of sentence or a retrial.
 

8. As regards domestic legislation, the Assembly acknowledges the
significant law-making activity since September 2003. It particularly
welcomes the adoption of a new Criminal Code, the law on the Ombudsman, the
law on alternative military service, the law on the media and the law on
radio and television broadcasting.
 

9. The Assembly notes that a number of legislative commitments -
increased local self-government, introduction of an independent ombudsman,
establishment of independent regulatory authorities for broadcasting,
modification of the powers of and access to the Constitutional Court, reform
of the Judicial Council, etc - are still subject to a revision of the
Armenian Constitution. The rejection of constitutional reform in the
referendum held in May 2003 has caused a delay in the entry into force of
these fundamental reforms, most of which were to be completed by specific
deadlines, stipulated in the Assembly's Opinion on Armenia's accession to
the Council of Europe; these deadlines have now expired.

10. The Assembly considers that these commitments must not be deferred
any longer and invites the Armenian authorities to speed up the revision of
the Constitution. It takes note of the authorities' resolve to genuinely
involve the opposition parties and civil society in discussions about the
future of the country's institutions. Nevertheless, it expects the Armenian
authorities to establish and keep to a detailed timetable and to rapidly
prepare draft amendments to the Constitution and to present them to the
Council of Europe for expertise by the end of April 2004, so that a
referendum can be held as soon as possible and in any case not later than
June 2005.
 

11. The Assembly notes that the law on the Ombudsman, adopted in
October 2003, stipulates that, pending the revision of the constitution, the
Ombudsman shall be appointed by the President of the Republic. The Assembly
expressly recalls its Recommendation 1615 (2003) on the Institution of
Ombudsman, and believes that the planned method of appointment does not
provide sufficient guarantees of the independence of the ombudsman, who must
have the citizens' full confidence. It urges the Armenian authorities to set
up a transparent and credible interim procedure enabling the Armenian
National Assembly, including the opposition parties, to examine and give
their opinion on candidatures, while officially preserving the President's
right to nominate the successful candidate.
 

12. With regard to the right to free and fair elections, the Assembly
cannot but express its profound disappointment at the conduct of the
elections - the presidential election in February and March 2003 and the
parliamentary elections in May 2003 - which gave rise to serious
irregularities and massive fraud and led the international observers to
conclude that the electoral process as a whole had not complied with
international standards. It invites the Armenian authorities:

i. to revise the Electoral Code in close co-operation with the
Council of Europe and the OSCE/ODHIR, especially the provisions concerning
the composition of electoral commissions, the role and status of observers
and the transparency of the vote counting and totalling of the results;
 

ii. to conduct a thorough investigation into the electoral fraud and
put an end to the judicial impunity of those responsible for it by the end
of 2004.

13. The Assembly is alarmed that the fundamental reforms concerning
the judicial system and the independence of the judiciary have still not
been completed. It urges the Armenian authorities to:

i. present by April 2004 a precise timetable for the effective
implementation of these reforms;

ii. adopt the law on the status of judges, the law on the Judicial
Council and the law on the judiciary by the end of 2004, taking account of
the Council of Europe's recommendations and expert opinions.
 

14. The Assembly is shocked by the scandalous use that continues to be
made of the arbitrary procedures concerning administrative detention
provided for in the Administrative Code, which is totally incompatible with
its strongly worded statement in September 2002 in Resolution 1304 that the
Armenian authorities should no longer make use of these procedures. It
firmly condemns the arrest and conviction of over 270 people - members of
the opposition parties, sympathisers and office-holders - between the two
rounds of the presidential election and at the end of the second round. It
expects the Armenian authorities to discuss by February 2004 the
administrative detention issue in the Administrative Code in co-operation
with Council of Europe experts and to send the draft amendments for Council
of Europe's expertise by April 2004.

15. The Assembly asks the Armenian authorities to immediately begin
examining, in co-operation with the Council of Europe, the question of the
balance to be struck between freedom of assembly and demonstration and
respect for public order and to adopt a law on demonstrations and public
meetings in full compliance with Council of Europe principles and standards.
 

16. As regards criminal legislation, the Assembly:

i. is alarmed at the fact that on 5 November 2003 the Armenian
National Assembly adopted amendments to the Criminal Code excluding persons
serving life sentences from amnesty or conditional release and observes that
these provisions are entirely contrary to Committee of Ministers
Recommendation Rec(2003)22 on conditional release (parole). It urges the
Armenian authorities to repeal them without delay;
 

ii. asks the Armenian authorities to start work on revision of
Articles 135, 136 and 318 of the Criminal Code by March 2004, in
co-operation with Council of Europe experts, to remove any possibility of
making insult and defamation subject to a prison sentence;
 

iii. urges Armenia to undertake the revision of the Code of Criminal
Procedure without delay, in co-operation with the Council of Europe experts
and with due regard for the recommendations already made and those yet to be
made.
 

17. The Assembly expects the Armenian authorities to make further
efforts to improve conditions of detention, which includes speedily
implementing the recommendations of the Committee for the Prevention of
Torture.

18. It also asks the authorities to take resolute and more active
steps to remedy misconduct by law enforcement officials, especially acts of
violence, ill-treatment, corruption and bribery, which remain commonplace.
It expects the authorities to revise the law on the police by March 2004 in
compliance with the Council of Europe's recommendations.

19. As regards freedom of expression and media pluralism, the Assembly
is concerned at developments in the audiovisual media in Armenia and
expresses serious doubts as to pluralism in the electronic media, regretting
in particular that the vagueness of the law in force has resulted in the
National Television and Radio Commission being given outright discretionary
powers in the award of broadcasting licences, in particular as regards A1+
TV channel. However, it notes the adoption in December 2003 of the law on
the mass media and a law amending the law on radio and television
broadcasting.

20. As regards local self-government, the Assembly:

i. takes note of Recommendation 140 (2003) of the Congress of Local
and Regional Authorities of Europe (CLRAE) on local democracy in Armenia;
 

ii. expects the Armenian authorities to draw up by April 2004 and
adopt by the end of the second quarter of 2004, in full co-operation with
the CLRAE and the Council of Europe experts, a law on the status of Yerevan,
a law on the territorial administration of the state, a law on municipal
staff and a law amending the law on local self-government;

iii. asks the Armenian authorities to submit by April 2004 a specific
and definitive timetable for the implementation of these reforms.

21. The Assembly is concerned at the scale of corruption in Armenia,
which has reached intolerable proportions. It expects the Armenian
authorities to undertake a genuine change of attitude and express a real
political will to take effective action against corruption, and
particularly:

i. to take practical action on the recommendations addressed to them
by international organisations in the anti-corruption working group;

ii. to speedily draw up a modern and comprehensive law on the fight
against corruption, including practical measures;
 

iii. to join the Council of Europe's Group of States against Corruption
(GRECO) in the near future;
 

iv. to ratify the Criminal Law Convention on Corruption and sign and
ratify the Civil Law Convention on Corruption as soon as possible.
 

22. The Assembly welcomes the adoption of the law introducing an
alternative military and civilian service broadly consistent with
Parliamentary Assembly Recommendation 1518 (2001) on exercise of the right
of conscientious objection to military service in Council of Europe member
states. However, it considers the length of the alternative civilian
service, set at 42 months, unacceptable and excessive and asks that the law
should be amended on this point, reducing the length of service to 36 months
before it comes into force on 1 July 2004.
 

23. It points out that Armenia undertook on joining the Council of
Europe to pardon conscientious objectors serving prison terms. It expresses
its indignation at the fact that 20 or so young people who refuse to perform
military service are still in prison. It therefore demands that they be
released immediately by presidential pardon pending the entry into force on
1 July 2004 of the law on alternative civilian service.

24. As regards freedom of religion, the Assembly:

i. notes that, despite the commitment made and the Assembly's
repeated appeals, Jehovah's Witnesses are still not registered as a
religious organisation. It asks that this registration be done without
delay, after their statute has been brought into conformity with the
legislation in force;

ii. takes note of the assurances given by the Armenian authorities
that Order No.551-A issued by the Minister of the Interior, which leads to
serious discrimination and infringement of freedom of conscience and
religion, has indeed been repealed;
 

iii. asks the Armenian authorities to set up a truly independent body
representing all Armenia's religious organisations and communities.
 

25. The Assembly also calls on the Armenian authorities to take
effective steps, in co-operation with the international organisations
concerned, to prevent and combat trafficking in women and minors for
prostitution purposes.
 

26. As regards the settlement of the conflict in Nagorno-Karabakh, the
Assembly:
 

i. notes that there has been no progress in the negotiations on a
settlement of the conflict in Nagorno-Karabakh and the other occupied
territories of Azerbaijan;

ii. calls on the Armenian and Azerbaijani authorities to intensify
top-level contacts in order to reach a peaceful settlement of this issue
soon;
 

iii. is disturbed at the serious incidents that took place in the
north-east border area in July and August 2003, which are reported to have
caused 15 deaths.
 

27. Recalling that in Opinion 221 (2000) the Assembly considered that
the simultaneous accession of Armenia and Azerbaijan could help to establish
the climate of trust and dйtente needed for a peaceful solution to the
Nagorno-Karabakh conflict, and noting its call on the Armenian and
Azerbaijani authorities to continue their dialogue to give new impetus to
regional co-operation which could contribute to this climate; the Assembly
calls on the Bureau of the Assembly to consider how regional parliamentary
dialogue and co-operation involving the speakers of parliaments, that had
been established, can be restored and progress as soon as possible.
 

28. The Assembly expresses satisfaction at its excellent co-operation
with the Armenian authorities, their open-minded attitude and the quality of
the ongoing dialogue on compliance with obligations and commitments.
 

29. The Assembly recognises that Armenia has recently made
considerable efforts to honour the obligations and commitments entered into.
However, given the obligations and commitments that remain to be honoured,
particularly those concerning pluralist democracy, the Assembly decides not
to end the current monitoring procedure until Armenia has made further
substantial progress on the outstanding commitments and notably has proved
that it is able to organise the next presidential and parliamentary
elections in compliance with international democratic standards.

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