ՀԱՍԱՐԱԿԱԿԱՆ ԿԱԶՄԱԿԵՐՊՈՒԹՅՈՒՆ
Ad-hoc Public Report of Armenian Ombudsman Armen Harutyunyan on “Right to Freedom of Expression in the Republic of Armenia”
According to the article 17.2 of the RA Law «On the Human Rights Defender» on July 7, 2010 the Human Rights Defender of the Republic of Armenia presents an Ad-hoc Public Report on the «Right to Freedom of Expression in the Republic of Armenia».
The comprehensive analyses of the sphere have been carried out with the presumption that freedom of expression is the cornerstone of democratic principles and rule-of-law. In particular the Report touches upon the legal acts regulating the relations in the sphere of freedom of expression with a special attention to gaps and contradictions in the related legislation, as well as provisions negatively affecting the situation of freedom of expression. Specific examples of cases of violations of the rights of journalists including cases of assaults against them are presented and analyzed in the Report. These cases of assaults not only violate the right to freedom of expression but also threatens the life and health of journalists. Report also reflects the current situation of mass media, in particular TV and Radio broadcasting in the Republic of Armenia and certain press related issues, as well as ways of their solutions.
Report analyses major causes of the restrictions of freedom of expression, as well as presents examples of such cases occurred in recent years, such as restrictions on printing of some newspapers during the 20-day state of emergency declared by the President of the Republic on March 1, 2008.
An analysis of the overall situation with freedom of expression in the sphere of Television and Radio broadcasting reveals a number of existing problems hindering the improvement of the sphere. With this regard the Report reflects on the case of depriving the A1 Plus TV Company from the licensees to broadcast; a case which the European Court of Human Rights found that there had been a violation of Article 10 of the Convention, considering that a licensing procedure organized by corresponding autorities did not give reasons for its decisions (to refuse) and thereby did not provide adequate protection possibility in arbitrary to claim the violation of the fundamental right to freedom of expression.
In the conclusion of the report embraces the fact that the current situation in the sphere of freedom of expression is very alarming and long-term and short-term measures are to be urgently taken in order to improve it. In particular, it is necessary to elaborate a package of legal reforms in the sphere of the freedom of expression and especially that of the media. The adoption of this package will lead to the reduction in the number of legal provisions that impede the establishment of the freedom of expression whereas additional provisions will be envisaged to ensure the progress of this sphere. It is crucial also to conduct multifaceted actions to raise public awareness, to promote tolerance and to overcome the flawed phenomena existing in the area.
The existence of the abovementioned problems makes evident the importance of the Defender's report. The conclusions and recommendations made there may considerably contribute to the reforming and improvement of the field.
