1. Ombudsman institution

Seminar on "Ombudsman: Human Rights Protector"

02.03.2004

Gyumri Public Relations Center, February 28, 2004 The event was organized by the
Club of Journalist "Asparez" within its "Progress through Education" project
supported by the Mass Media Program of the OSIAF - Armenia. The seminar involved
presentations by Avetik Ishkhanyan, Chairman, Helsinki Committee of Armenia and
Seyran Martirosyan, Chairman, Sakharov Foundation for Human Rights Protection -
Gyumri Branch. The first speaker, A. Ishkhanyan also participated in the
talk-show on the Ombudsman institution broadcasted by the Tsayg TV the same day.



http://new.csi.am/eng/index1.php?goto=news&id=1545



2. Right to Liberty

"Right to Liberty During Criminal Investigation" Conference

02.03.2004

Civil Society Institute (CSI) NGO organized a conference “Right to Liberty
During Criminal Investigation” on February 28-29, 2004 in Tsaghkadzor, Armenia.


The data show that courts, in most cases, approve requests of investigative
bodies to choose arrest as a preventive measure during criminal investigation.
In 2003, 5116 such requests were presented to the courts of Armenia. Court
approved 4923 requests and rejected only 193. For example, the Kentron and
Nork-Marash Court of Yerevan city received 475 requests and rejected only in 25
cases; these figures were 400 and 6, correspondingly, in regards to the Court of
the First Instance in Kotayk.

Judges and representatives of the Constitutional Court, Courts of the First
Instance and the Court of Cassation, lawyers, representatives of the
Prosecutor’s Office and Police, National Assembly and OSCE participated in the
conference.

Participants discussed the main legislative gaps concerning process of choosing
arrest as a preventive measure, including correspondence of legal acts to the
European Convention on Human Rights. As a result of discussion, necessary
legislative changes were outlined, and legislative proposals were recorded. The
participants indicated the importance of further work on legislative
improvement. Legislative amendments will be worked out and submitted to the
National Assembly.

Civil Society Institute will publish a brochure with materials of the
conference. In addition, within the project “Problems of Preliminary Detention
in Armenia”, CSI will organize 11 seminars for judges, investigators of the
prosecutors’ office and police, and lawyers in marzes of Armenia. A special
seminar will also be conducted for journalists.

http://new.csi.am/eng/index1.php?goto=news&id=1550



3. Freedom of Information


a. Dallakyan Speaking On the Law on Freedom of Information

5.03.2004

Parliament approved the Law on “Freedom of Information” in 2003 September and it
came into force in November.

Not yet applying the law Justice Ministry decided to amend it.

According to Law co-author Viktor Dallakyan, this legislative initiative “tries
to submit the approved law to inspection”. Mr Dallakyan assures that they have
taken into consideration the suggestions of the interested organizations,
including Government.

Dallakyan thinks the next “nonsense” is that Government has passed such a bill
“proceeding from the demand to bring the Law on “Freedom of Information” in
balance with the Armenian Constitution”. Viktor Dallakyan says that Government
exceeds its commission - only the Constitutional Court is empowered to discuss
correspondence of laws with Armenian Constitution

http://new.csi.am/eng/index1.php?goto=news&id=1549




b. The justice initiative of Open Society Institute’s letter

5.03.2004

The justice initiative of Open Society Institute addressed a letter to Armenian
PM, Parliament Speaker, Justice Minister, voicing concern about the amendments
suggested to the Law on “Information Freedom”. The amendments were approved on
February 12, 2004 by Government.

According to the letter authors, instead of passing the necessary order for
putting the Law on “Information Freedom” in force, Government worked a new bill,
which greatly weakens the approved law.

”The amendments offered by Justice Ministry will create wider potential for
information restriction, enabling other laws to prevail over the Law on IF”,
letter authors said.

They called to take their notifications into account.

During the round table discussion Yerevan Press Club Chair Boris Navasardyan
informed that the letter authors didn’t manage to look through the official text
of the suggested amendments.

”It’s not expedient to let the text as it is placed in the Internet site”,
refusal was based this way in Government.

The bill wasn’t found in the Internet site and the representatives of social
organizations had to obtain it in other way

http://new.csi.am/eng/index1.php?goto=news&id=1548




c. Open Letter to Minister of Justice Mr. David Harutynyan

1.03.2004

Here is the fragment of the letter of Article 19 to Minister of Justice of RA.

ARTICLE 19 , the Global Campaign for Free Expression, is deeply concerned about
the proposed Law On Amendments to the Law of the Republic of Armenia on Freedom
of Information, put forward by the Ministry of Justice. The proposed amendments
would weaken key guarantees in the existing Law on Freedom of Information and
undermine the public’s right to know and good governance in Armenia.

ARTICLE 19 urges the Ministry of Justice to refrain from considering any
amendments to the existing Law until it has had a chance to be tested in
practice. Should amendments be introduced, they should be designed to further
promote, rather than restrict, access to information. Furthermore, any proposed
amendments should be the subject of extensive consultations with civil society
and receive due legislative attention.

As you know, the Law on Freedom of Information, a joint effort by civil society
actors and members of the National Assembly, was adopted in September 2003. This
was a very important step towards ensuring in practice the right of access to
information guaranteed in the Constitution of Armenia, as well as towards
honouring the obligations and commitments Armenia accepted upon joining the
Council of Europe. ARTICLE 19, along with numerous other international
organisations, very much welcomed the adoption of the Law.

The Law contains a number of positive provisions, including broad definitions of
information and information holders, an obligation to publish a wide range of
information, even in the absence of a request, a relatively narrow regime of
exceptions, including a form of public interest override, and rules making
public officials responsible for any refusals to disclose information.

At the same time, the Law contained a number of omissions, including a failure
to provide for an independent oversight body, no protection for whistleblowers
and very limited protection for good faith disclosures pursuant to the law.
Instead of addressing these weaknesses, however, the proposed amendments
actually undermine some of the positive features of the existing Law, contrary
to international standards in this area, including Recommendation No. R(2002)2
of the Committee of Ministers of the Council of Europe to Member States on
access to official documents, adopted 21 February 2002.

http://new.csi.am/eng/index1.php?goto=guest&id=32