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There is no significant progress in the field of human rights: Helsinki Committee annual report

No significant progress was reported in the field of human rights,
nevertheless the political tension eased especially by the release of the political
prisoners and the dialogue that started between the authorities and the
opposition. This the estimation of the Armenian Helsinki Committee “Human
Rights in Armenia 2011” report about the overall situation.
“Generally speaking the situation has eased compared with the last
two-three years. This means that the general state of the human rights has
improved, doesn’t it? I would avoid making
such assessment, because for an improvement we need serious legislative
reforms, which would be stable and would not depend on the political situation”,
thinks Avetik Ishkhanyan, the director of Armenian Helsinki Committee.
In the report they have presented the situation of human rights in
various fields such as the elections, judicial system, freedom of speech, freedom
of conscience and religion, freedom of assembly, children’s rights, torture and
ill-treatment.
For the first time the Armenian Helsinki Committee has presented recommendations
for improvement, apart from presenting the situation.
Attorney and expert of the Armenian Helsinki Committee Robert
Revazyan, marked out the concerning points while presenting the right to vote.
According to the Helsinki Committee, the qualification examinations, which are
a compulsory condition for becoming an observer, could turn into an obstacle
for the local NGOs for implementing the observation mission. According to
Revazyan, OSCE and Venice Commission expressed concerns about this mentioning
that it restricts the transparency of the elections.
The results of
the EC research of the judicial systems of the “Eastern Partnership” 6
countries are presented in this year’s report on the judicial system. The EC
suggested Armenia to improve the procedure of appointment of the judges, thus
to transfer the authority of appointment from the President of the Republic to
the Council of Justice.
Revazyan calls the suspension of the authorities of the judge
Samvel Mnatsakanyan a “straight jacket” for the other judges and suggests the
RA Council of Justice to refrain from bringing disciplinary proceedings against
their judicial acts.
In the section of the freedom of speech of the Helsinki Committee
report it is mentioned that after the decriminalization of defamation and
insult in 2010 more than thirty court actions were brought against the means of
media(basically by politicians) by the claim of maximum compensation. 4 cases of violence against the journalists
were recorded (the data is taken from the annual report of the Committee to
Protect Freedom of Expression).
Attorney Robert Revazyan considers adding the term “proselytization”
into the RA law draft “On Conscience and religious rights” and qualifying that
as a criminal crime as a violation of the freedom of conscience and religion, which
is stated in Article 9 of the European Convention on Human Rights.
The attorney worries that the “proselytization” term is not
perceived unilaterally and it can give way to incomprehension. The organization considers the requirement of
obligatory registration, the establishment of control over the religious groups
and the possibility of liquidation unnecessary restrictions, which contradict
the principle of freedom of associations.
According to Revazyan, the actions brought against the members of
religious organizations lack legal grounds and manifest intolerance.
Armenian Helsinki Committee records that in 2011 the situation
remained the same with regard to tortures and ill-treatment. According to the
record the cases of inhuman attitude are mainly registered in police stations. Levon
Gulyan’s case, who died in the police station, but no one was held accountable,
serves as a proof.
There is a separate section dedicated to the state of human rights
in the army. According to the official date the total number of people, who
died in the army is 36. It is mentioned in the report that the reasons of the
crimes committed in the army are non-regulatory relationships, the improper
preparation of the cadres, the impunity of high rank officials, the absence of
effective mechanisms of appeal, the improper investigation of the cases of
violence and murder and the formal character of the civil control.
According to Avetik Ishkhanyan, the level of the freedom of
assembly in Armenia is possible to asses in post-election phase. “Evidence
suggests that this right is interfered especially after the presidential
elections, however in the period between the elections the freedom of assembly
is interfered relatively less. After the presidential elections of 2008 this
right has been interfered up to the May 2011. What would happen after the
parliamentary and presidential elections? Who knows? Let’s wait and see”, mentions
Ishkhanyan.
Mery Alexanyan
