28 March-3 April 2004

1. Persecution of dissenters

a. The Ordinary Criminal Case against Opposition


[02.04.2004]

Armenian General Office of Prosecutor instituted the ordinary criminal case
against Opposition activists. The trial for Tigran Naghdalyan’s murder case was
the tool for a trumped-up charge.

”Republic” Party political board members Aramazd Zakaryan, Smbat Ayvazyan and
Lyova Eghiazaryan were called to Office of Prosecutor.

The reason is senseless. They are accused of having insulted Court or sitting
during announcing the verdict of Naghdalyan’s murder trial on January 20.

Aramazd Zakaryan informed Office of Prosecutor that they didn’t outrage Court:
”Attitude was equivalent to the verdict reached. One left the Court hall, others
left the building, too, having lost belief in justice”.

MP Smbat Ayvazyan introduced explanations in written over the fact and said
Court performed the order of Authorities instead of administering justice.
”Justice was once again violated”.



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b. Suren Sureniants was arrested

On April 2, 2004 the member of the political council of “Republic” party, editor
of the on-line newspaper “Republic” Suren Sureniants was detained by the
Armenian law-enforcement bodies and arrested according to the court decision.

c. Rally in Gyumri

[30.03.2004]

On 30.03.04, ten officers of Gyumri’s Prosecutor Office rushed into apartment in
Yerevan belonging to driver of opposition activist Albert Bazeyan’s driver Karen
Margaryan who was arrested after incident happened at the rally staged by the
opposition on Sunday in Gyumri and conducted search there after showing search
warrant.

Nothing has been found in the search. All the questions put to the law
enforcement officers remained without answers.

Later, it became clear that the search was carried out on the ground of
suspected weapons stockpiling. “Republic” party member Artak Zeynalyan vented
his anger at the law enforcement bodies saying they are violating human rights.




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2. Freedom of Assembly


a. Opposition Rally in Gyumri Disrupted By Violence,
Arrests


[28.03.2004]

An anti-government rally in Gyumri on Sunday was effectively disrupted by
violence and arrests of opposition activists in a further ominous sign of
serious unrest awaiting Armenia.

The demonstration organized by the Artarutyun alliance degenerated into scuffles
between opposition supporters and a handful of other people who denounced
President Robert Kocharian’s foes. A resulting fistfight ended with four
Artarutyun activists in police custody, forcing the organizers to cut short the
protest to try to negotiate their release.

Stepan Demirchian and other leaders of the bloc blamed the "provocation" on the
local authorities and the central government and vowed to continue their growing
attack against the ruling regime.

“Today we are witnessing the agony of this regime,” an uncharacteristically
furious Demirchian told the crowd of more than a thousand people. “The Armenian
people can not tolerate the rule of such thugs.”

The trouble began minutes after the start of the rally when a group of women,
whom many in the crowd described as “prostitutes,” raised banners slamming the
opposition and voicing support for Kocharian. They were immediately surrounded
and jostled by angry opposition supporters trying to tear up the banners.

The scuffles unfolded to a backdrop of firecracker explosions that were
apparently set off by other government supporters hidden in the crowd. The noise
intensified during Demirchian’s speech, resembling automatic gunfire. Also, eggs
were hurled to the podium from which the organizers addressed the protesters.
One egg hit an opposition lawmaker.

The opposition leaders, struggling to calm tempers, faced another disruption
when electricity powering their loud-speakers was cut off. Although the power
supply was restored 20 minutes later, tension rose further as a brawl broke out
between some opposition activists and a man who apparently tried to approach
Demirchian.

Four of them, including Artarutyun leader Albert Bazeyan’s driver, were then
overpowered and driven away by police officers dressed in plainclothes. Police
said later that the man beaten by the oppositionists was also a policeman,
raising the question of why the security official tried to interfere with the
rally.

The organizers say the local authorities informed them in advance that they “can
not guarantee the security” of the gathering because of staff shortages.
However, the presence of plainclothes police called this explanation into
question.

“It shows that the provocation was organized by the authorities and they will be
held accountable with all the strictness of the law,” charged another prominent
member of the bloc, Victor Dallakian. “It also shows that Robert Kocharian is
pinning his hopes on prostitutes and egg-throwers.”

Dallakian and Bazeyan later met with the police chiefs of Gyumri and the broader
Shirak region to demand the release of their supporters. The lengthy talks
yielded no results as of late evening, with the police chiefs insisting that the
latter be punished for assaulting a law-enforcement official. The opposition
leaders countered that the alleged victim did not wear a uniform and was trying
to disrupt a peaceful demonstration.

“Instead of taking measures to arrest those individuals who provoked all of
this, they punish the opposite side,” Bazeyan complained. “If they want to open
criminal cases, they must primarily target us, the organizers of the rally.”

Bazeyan said the violent incident, the worst since opposition rallies in the
run-up to last year’s presidential election, will not deter the opposition from
launching its campaign of street protests outside the main government buildings
in Yerevan. Dallakian mentioned April 12 as the most likely date for its start.


Artarutyun was given a major boost last week when another major opposition
group, the National Unity Party of Artashes Geghamian, decided to join the
onslaught. Demirchian stressed this fact in his speech.

The government, for its part, has warned that any attempts at an
“unconstitutional” overthrow of Kocharian will be countered with tough action.
The Armenian leader, still reeling from his controversial reelection in the 2003
poll, has recently reshuffled his security apparatus in preparation for the
opposition challenge.

By Emil Danielyan in Gyumri



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b. Authorities Protect Themselves


[29.03.2004]

In absence of Opposition MPs Parliament started discussion of the bill on “Order
for Holding Meetings, Rallies and Marches”. An attempt has been made to put the
law in force since 2001 but the MPs then failed approval of the law.

As a result of rising rally moods in the republic Authorities again tried and
the same bill appeared in the Parliament agenda.

There is a standpoint that quick entering of the bill on the agenda is the
Authorities’ response to the held mass rallies.

Independent MP Manuk Gasparyan joins this position. He considers suspicious the
fact that the bill hasn’t been discussed in the temporary committees of
Parliament in due presence of MPs and that the bill has been entered in the big
agenda. It is much more suspicious that the bill appeared in the three-day
agenda.

”Government didn’t make an urgent decision. This was a planned step in
Government activity program. It was represented and is in circulation for a long
time”, Justice Minister David Harutyunyan, representing the bill in Parliament,
says.

The bill opponents say that the document considered in Parliament is rather
stricter than the one currently in force. In particular, the new bill hampers
the mechanism for getting permission to hold a march or a rally.

Besides, David Harutyunyan says, “naturally, norms, which are to meet the
constitutional demands are fixed, particularly, organizing such public measures
that are channeled to violent failure of the constitutional order, stirring up
national, racist, or religious hatred, propagandizing coercion or war is
forbidden”.

He also states that the bill makes a provision for a criminal liability for an
official who untimely forbids holding of a march or a meeting.



http://new.csi.am/eng/index1.php?goto=news&id=1570



Taking into account the interest of the Armenian public to the law the Ministry
of Justice of Armenia present the bill text in the library section of our site


http://www.panarmenian.net/library/arm/?id=49
.

3. Trafficking
issues

RA Government and UNDP Sign Joint Anti-Trafficking Program


[30.03.2004]

Om March 30 Vardan Oskanian, RA Minister of Foreign Affairs and Lise Grande, UN
resident Coordinator/UNDP Resident Representative signed Anti-Trafficking
Program with the objection to fight the human trafficking. As RA Ministry of
Foreign Affairs Press and Information Service told ARKA, the main objection of
this two-year project is to facilitate the development of a national framework
to tackle the problem of human trafficking. The project includes such components
as building the institutional capacity of the key state agencies, strengthening
of control of the national border, reintegration of the victims of the
trafficking into the society, as well as raising public awareness. The last
survey on trafficking in Armenia was conducted in 2001 by UNICEF, as result of
which there were recorded several cases of trafficking in human particularly to
Turkey and UAE. The RA Government approved national strategy action plan for
prevention of illegal transpiration and human trafficking from Armenia for
2004-2006. T.M.


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4. Human Rights Defenders

[02.04.2004]

On March 30, 2004, in the morning the coordinator of the Armenian Helsinki
Association Mikael Danielyan was attacked.

A well-known Armenian human rights activist remains in hospital, suffering
wounds inflicted when he was attacked Tuesday morning in Yerevan.

Mikael Danielyan, 45, Chairman of the Armenian Office of Vienna based Helsinki
Association was attacked by four unknown men outside his home on Papazyan
Street, while walking his dog. His assailants attacked Danielyan from behind,
knocked him down, then kicked him until he lost consciousness.

Petsos Babayan, doctor of neurological surgery department of Republican hospital
where Danielyan was delivered says Danielyan’s condition now is “generally
stable.”

The physician says Danielyan did not suffer a concussion, however his blood
pressure is dangerously high and doctors say such a shock could provoke a
stroke.

The Yerevan police has launched a criminal proceeding on the case, however so
far there are no suspected. Detectives spoke with Danielyan on Thursday.

Danielyan, one of the most active human rights defenders in Armenia believes
that the attack was planned and organized by authorities in response to his
criticism of human rights abuse in Armenia at the hands of officials. He
qualified the violence against him as “state terror” and says that the
authorities intended to frighten him.

“Authorities might have hundreds of reasons to organize the attack on me,”
Danielyan says. “I investigate many crimes, defend people who are persecuted by
authorities, make reports for a number of Western human rights organizations.”


While Danielyan says it is still unclear for him what exactly of his activity,
recent publications or statements might provoke the attack, the local media
community gave the following versions of the attack trigger.

Some say the attack on Danielyan was the aftermath of his recent remarks to the
Azerbaijani newspaper “Echo”, where he criticized President Robert Kocharyan and
the Minister of Defense Serzh Sargsyan for their efforts to stop the opposition
movement which has intensified in recent weeks.

In answering the Azeri newspaper question of whether military exercises within
the Armenian regular army mean that Armenia is preparing for another war with
Azerbaijan, Danielyan reportedly said: “I think the exercises are connected with
the ongoing rallies and protest of opposition. But if Kocharyan sees that taking
harsh methods does not help he might make this step (to start the war) to make
the opposition silent somehow.”

Some journalists speculate that the attack was organized by authorities to at
least temporarily suspend Danielyan from his human rights activity in the period
when the authorities will start mass arrests of opposition activists.

Several members of the oppositional parties have already been arrested following
the disorder at rallies in Gyumri last week.

Danielyan does not rule out the possibility that the beating was meant to
silence him. Danielyan’s wife Anna Hakobyan says she is convinced that her
husband’s activity disturbs authorities and he was beaten for his criticism of
the authorities human rights records.

“I foresaw that something like that could happen,” says Hakobyan, the head of
the Armenian office of London based PEN organization for writers.

“The pro-governmental media has recently intensified their dirty quibbless on
Mikael. Based on it one can guess of authorities’ attitude towards Danielyan.”


Hakobyan recalled the 2002 attack on journalist Mark Grigoryan who was seriously
injured by a pipe bomb. Some say the attack was in response to articles
Grigoryan wrote that were not pro-government. No arrests were made in the
incident and Grigoryan has since moved abroad.

“Danielyan became another victim of authorities’ disfavor,” Hakobyan says. “How
many people should suffer to make clear that it all is ordered?”

President Kocharyan commissioned the General Prosecutor to study the
circumstances of the incident and undertake all possible steps to reveal the
guilty.

Meanwhile a number of journalists’ organizations released a statement condemning
the assault on Danielyan:

“We consider that such violence is a consequence of an atmosphere of intolerance
in the republic,” the statement reads. “We hope that that the law enforcement
bodies will break the sad traditions of the recent years and will find the
organizers of the crime, since only punishment of the criminals can prevent
further violence.

By Julia Hakobyan

ArmeniaNow reporter

Some Media and social organizations have appeared with
a condemning statement over the accident with Helsinki Association Chair Michael
Danielyan. Here we represent them:

Yerevan Press Club, Armenian Journalists Union, Internews,
Fund for Speech Freedom Protection, Helsinki Citizens` Assembly Vanadzor Office,


Vardan Harutyunyan, “Speech Freedom Support” Fund

Aram Abrahamyan, “Aravot” Daily Editor-in-Chief

Nikol Pashinyan, “Armenian Times” Daily Editor

Tigran Ter-Esayan, Chair of “International Union of Advocates”

Mesrop Movsesyan, “A1+” TV Company Chair

Vasak Darbinyan, “Taregir” Electronic Newspaper Editor

Agassi Enoqyan, “Armenian Center of Political and International Researches”

Artak Kirakosyan, “Civil Society Institute” NGO

Edik Baghdasaryan, “Association of Investigating Journalists”

Shogher Matevosyan, “The Forth Power” Newspaper Editor

Ashot Bleyan, “Roof” Legal Organization

With statement appeared also International Helsinki Federation for Human Rights
(IHF)



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4. Freedom
of media and broadcasting


a.”A1+” TV Company Will Resume
Broadcasting This Year

[31.03.2004]

”Banning “A1+” TV Company from broadcasting area is not just ceasing that TV
Company. It is much more. It means that there is a speech freedom problem in
Armenia”, Nikol Pashinyan, Editor-in-Chief of “Armenian Times” Daily announced
at the press conference of “Speech Freedom Support” Fund.

He added that the rally and the march on April 2 will be not only for “A1+” TV
Company defense but also for speech freedom in general.

SFSF member advocate Avetiq Ishkhanyan accused the public: “We all are to blame
for “A1+” cessation. We tolerated it and “A1+” has been out of air for 2 years”.


Another attorney, Vardan Harutyunyan said that by banning “A1+” speech freedom
in Armenia was restricted.

Ex-Editor of “Ayb-Fe” Daily Vasak Darbinyan confirmed the standpoint that
stopping “A1+” was of political reasons. “Aravot” Daily Editor-in-Chief Aram
Abrahamyan said that there is no politics in the measures on April 2.

Tigran Ter-Esayan, Chair of International Union of Advocates, talked about
2-year-long legal procedures “A1+” was involved in to gain administration of
justice. But justice can be expected only from the European Court of Human
Rights, he said. He added that there are 2 applications there and extra 2 will
be sent by May. It will become clear in April whether “A1+” claim will be put
under jurisdiction or not.

The conference participants announced irrespective of Municipality decision and
“persuasions” of law-enforcement bodies, Fund will conduct the rally and the
march.

”A1+” TV Company Chair Mesrop Movsesyan said that the measure is as well of
symbolic character. He wants to prove all those who think “A1+” staff to be
dispersed that it is entire and no one has left. Just the operating personnel
found temporary jobs.

”We will work as long as the staff exists”, Mesrop Moveseyan says.

The organizers of April 2 measure announced that they will do their best to
achieve resuming “A1+” broadcasting.

”A1+” is to be opened by the public demand”, Avetiq Ishkhanyan said.

For that purpose Edik Baghdasaryan, Chair of Investigating Journalists’
Association, called upon the journalistic society to partake in the measure.



http://new.csi.am/eng/index1.php?goto=news&id=1578

b. Protestors Want To Watch “A1+”


[02.04.2004]

At 1:30 PM many people gathered at Grigor Lusavoritch, 15, where “A1+” TV
Company is located. Though Municipality didn’t allow the march and policemen
persuaded the meeting organizers to relinquish the idea to hold it, rally for
“A1+” defense and speech freedom support took place.

At 2:00 PM protestors moved to Matenadaran Square with “Watch us, Explore
Yourself!”, “Free Speech is Achievement of People”, “Word was at the Beginning”
placards.

Policemen and employees of National Security system in uniforms and without
followed the meeting participants “to provide safety”. First the protestors
walked along the streets but then policemen urged them to walk only on
pavements.

”A1+, A1+!”, meeting participants spelled. Pedestrians who appreciate speech
freedom and “A1+” presence in broadcasting world joined them.

Intellectuals, political and public figures, citizens partook in the rally for
“A1+” defense. They demanded the Authorities to make public the list of the free
frequencies and to conduct a new tender granting a chance to “A1+” to resume
broadcasting.

By the way, Hrach Bayadyan ex-member of TV and Radio National Committee, took
part in the meeting, too. He resigned the tender day on April 2, 2002, avoiding
becoming one of those ceasing “A1+”.



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