Udlændinge-, Integrations- og Boligudvalget 2015-16
UUI Alm.del Bilag 244
Offentligt
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3/2016
Armenia
State Actors, Political Situation, Vulnerable Groups and Citizenship
Report from a Fact Finding Mission to Yerevan, Armenia
3 April to 15 April 2016
Copenhagen, September 2016
Danish Immigration Service
Ryesgade 53
2100 Copenhagen Ø
Phone: 00 45 35 36 66 00
Web: www.newtodenmark.dk
E-mail: [email protected]
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Armenia: State actors, political situation vulnerable groups and citizenship
Content
Abbreviations ........................................................................................................................................ 5
Disclaimer .............................................................................................................................................. 6
Introduction........................................................................................................................................... 7
Executive Summary ................................................................................................................................ 9
1. STATE ACTORS.................................................................................................................................. 10
1.1. The National Police of Armenia ............................................................................................................ 10
. . . Citize s A ess to the Poli e
......................................................................................................... 10
1.1.2. Capacity and conduct of the police ............................................................................................... 11
1.1.3. Corruption and Integrity ................................................................................................................ 13
1.2. Special Investigation Service ................................................................................................................ 14
. . . Citize s A ess
.............................................................................................................................. 14
1.2.2. Resources....................................................................................................................................... 14
1.2.3. Independence and Integrity .......................................................................................................... 15
1.3. The Legal System .................................................................................................................................. 15
. . . Citize s A ess to file a ase
......................................................................................................... 16
1.3.2. Resources....................................................................................................................................... 17
1.3.3. Integrity and Independence .......................................................................................................... 18
1.4. Independent Complaint/Appeal Bodies .......................................................................................... 20
1.4.1. Human Rights Defender (Ombudsman) ............................................................................................ 20
. . . . Citize s A ess
........................................................................................................................... 20
1.4.1.2. Resources.................................................................................................................................... 21
1.4.1.3. Independence and Impact .......................................................................................................... 22
1.4.2. The Constitutional Court ................................................................................................................... 23
. . . . Citize s a ess
........................................................................................................................... 23
1.4.2.2. Resources.................................................................................................................................... 24
1.4.2.3. Integrity and Impact ................................................................................................................... 24
2. Political Situation ............................................................................................................................. 26
2.1 Major political parties............................................................................................................................ 26
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Armenia: State actors, political situation vulnerable groups and citizenship
2.1.1. Opposition ......................................................................................................................................... 26
2.1.2. Activists.............................................................................................................................................. 28
2.1.3. Under which conditions does the opposition work?......................................................................... 29
2.2 Freedom of Assembly ............................................................................................................................ 31
2.3 Freedom of Speech ................................................................................................................................ 33
2.3.1 Independent media ........................................................................................................................ 33
2.3.2 Situation for journalists .................................................................................................................. 36
3. Vulnerable groups in Armenia .......................................................................................................... 39
3.1 LGBT ................................................................................................................................................... 39
3.2 Victims of Domestic Violence ............................................................................................................ 42
3.3 Religious minority groups .................................................................................................................. 43
4. CITIZENSHIP ..................................................................................................................................... 45
4.1. Application in/outside Armenia........................................................................................................ 45
4.2. Requirements to documentation ..................................................................................................... 46
4.3. Possible test of language and constitutional skills ........................................................................... 46
4.4. Mixed marriage and children of mixed marriages ........................................................................... 46
4.5. Children of mixed marriages ............................................................................................................ 47
. . Eth i A e ia s oppo tu ities to o tai itize ship ithout ha i g li ed i A e ia / ha i g
lived outside Armenia for a longer period of time .................................................................................. 49
4.6.1. Ethnic Armenians from Syria ......................................................................................................... 50
4.7. Loss of citizenship ............................................................................................................................. 51
Appendix 1: Terms of Reference ........................................................................................................... 53
Appendix 2: List of Sources ................................................................................................................... 55
Appendix 3: Map of Armenia ................................................................................................................ 56
Appendix 4: Handbook of Frequently asked legal questions .................................................................. 57
Appendix 5: Bibliography ................................................................................................................... 107
Appendix 6: Meeting notes ................................................................................................................ 109
3
Meeting with the Constitutional Court, 6 April 2016 ........................................................................ 109
Meeting with the Court of Cassation, 4 April 2016 ........................................................................... 113
Meeting with the Human Rights Defender, Ombudsman, 11 April 2016 ......................................... 117
Meeting with Ministry of Diaspora, 14 April 2016 ............................................................................ 121
Meeting with the Passport and Visa Department of the RA Police, 14 April 2016 ........................... 123
Meeting with the
P ose uto Ge e al s Offi e,
13 April 2016 .......................................................... 126
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Meeting with Special Investigation Service, 4 April 2016 ................................................................. 129
Meeting with an anonymous source, located in Armenia, 7 April 2016 ........................................... 132
Meeting with International Organisation for Migration (IOM), 5 April 2016.................................... 136
Meeting with an International Organisation (1) in Yerevan, 13 April 2016 ...................................... 139
Meeting with a representative of an International Organisation (2), 5 April 2016 .......................... 144
Meeting with an International Organisation (3) in Yerevan, Armenia, 8 April 2016 ........................ 148
Meeting with Western Embassy (1), in Yerevan, Armenia, 6 April 2016 .......................................... 153
Meeting with a Western Embassy (2), 6 April 2016 .......................................................................... 156
Meeting with representatives of an Embassy in Yerevan, 7 April 2016 ............................................ 159
Meeting with Association of Judges in the Republic of Armenia, 13 April 2016............................... 162
Meeting with Chamber of Advocates, 14 April 2016 ........................................................................ 165
Meeting with Helsinki Association, 11 April 2016 ............................................................................. 169
Meeti g ith A
e ia La
e s Asso iatio ,
7 April 2016 ............................................................... 173
Meeting with Civil Society Institute, 8 April 2016 ............................................................................. 177
Meeting with the Committee to Protect Freedom of Expression (CPFE), 11 April 2016 .................. 183
Meeting with the Helsinki Committee of Armenia, 6 April 2016 ...................................................... 187
Meeting with Hetq, Lianna Sayadyan, Deputy Editor 12 April 2016 ................................................. 194
Meeting with Public Information and Need of Knowledge NGO (PINK Armenia), 13 April 2016 ..... 198
Meeting with Transparency International Anti-corruption Center, 7 April 2016 ............................. 202
Meeting with Women Resource Centre, 8 April 2016 ...................................................................... 206
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Armenia: State actors, political situation vulnerable groups and citizenship
Abbreviations
ALA
CPFE
CSI
DIS
ECHR
GONGO
HCA
IOM
LGBT
NGO
OSCE
PINK
RA
SIS
TIAC
UNHCR
WRCA
A
e ia La
e s Asso iatio
Committee to Protect Freedom of Expression
Civil Society Institute
Danish Immigration Service
European Court of Human Rights
Government supported non-governmental organisations
Helsinki Committee, Armenia
International Organisation for Migration
Lesbian, Gay, Bisexual, Transgender
Non-governmental organisation
Organisation for Security and Co-operation in Europe
Public Information and Need of Knowledge NGO
Republic of Armenia
Special Investigation Service
Transparency International Anti-corruption Center
United Nations High Commissioner for Refugees
Wo e s Resou e Ce te , A
e ia
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Armenia: State actors, political situation vulnerable groups and citizenship
Disclaimer
This report was written in
a o da e ith the Eu opea As lu Suppo t Offi e s EASO Cou t of O igi
Information (COI) report methodology.
1
The report is based on approved notes from meetings with
carefully selected interlocutors. Statements from all interlocutors are used in the report and all statements
are referenced.
This report is not a detailed or comprehensive survey of all aspects of the issues covered in the terms of
reference and should be considered alongside other available country of origin information on the situation
in Armenia.
The information contained in this report has been gathered and presented with utmost care.
The report does not include any policy recommendations or analysis. The information in the report does
not necessarily reflect the opinion of the Danish Immigration Service.
Furthermore, this report is not conclusive as to the determination or merit of any particular claim for
protection, which will need to be considered on its individual facts. Terminology used should not be
regarded as indicative of a particular legal position.
1
European Union: European Asylum Support Office (EASO), EASO Country of Origin Information report methodology, 10 July
2012.
hhttp://ec.europa.eu/dgs/home-affairs/what-we-do/policies/asylum/european-asylum-support-
office/coireportmethodologyfinallayout_en.pdf
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Armenia: State actors, political situation vulnerable groups and citizenship
Introduction
This report is the product of a fact finding mission conducted by the Country of Origin Information Division,
Danish Immigration Service (DIS) to Yerevan, Armenia from 3 to 15 April 2016. The purpose of the mission
was to collect updated information on issues recurring in cases regarding Armenian asylum seekers in
Denmark.
The report focuses on protection from state actors, the situation for political opponents and civil activists,
freedom of assembly and freedom of speech, vulnerable groups in Armenia and citizenship.
The terms of reference for the mission were drawn up by DIS in consultation with the Danish Refugee
Appeals Board as well as a Danish advisory group on COI
2
. The terms of reference are included in Appendix
1 to this report.
In the process of compiling the report, the delegation consulted with 26 sources, comprising
representatives from international organisations, non-government organisations (NGOs), Western
embassies, journalists and the Armenian authorities.
The sources interviewed were selected by the delegation based on the expertise, merit and role relevant to
the mission. All 26 of the sources were consulted during the mission to Yerevan.
A list of the sources consulted is attached in Appendix 2. All the notes of the meetings with the sources are
provided in Appendix 6. A brief description of the source is included in the meeting notes for the majority
of sources.
The sources were asked how they wished to be introduced and quoted, and all sources are introduced and
quoted according to their own wishes. 19 sources are referred by their name and/or the name of their
organisation; in accordance with their own request on this matter. Seven sources requested varying
degrees of anonymity given sensitivities in their working environments.
The sources consulted were informed about the purpose of the mission and that their statements would be
included in a public report.
The notes from the meetings with the sources were forwarded to them for approval and amendment,
allowing the opportunity to amend or make comment on their statements. All sources approved their
statements. The Special Investigation Service did not reply to several requests and the note from the
meeting is without comments and amendments. The delegation was informed that statements given during
the meeting with the Special Investigation Service was public and did not need approval.
2
The group consists of Danish Refugee Council, Amnesty International in Denmark, Danish Institute for Human Rights,
Dignity, representatives of two Christian organisations (Danish European Mission and Open Doors), the National
Commissioner of Police and the Danish Bar and Law Society (representing asylum lawyers).
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Armenia: State actors, political situation vulnerable groups and citizenship
The report is available on the website of DIS,
www.newtodenmark.dk,
and thus is available to all
stakeholders in the refugee status determination process, as well as to the general public.
The report is a summary of the sources' statements and does not include all details from the meeting
notes. In the report, care has been taken to present the views of the sources as accurately and
t a spa e tl as possi le. I this ega d, all sou es state e ts a e fou d i thei full e te t i Appe di
of this report.
It should be noted that the delegation arrived to Yerevan on 3 April 2016
–
one day after a renewed
outbreak of the armed conflict between Armenia and Azerbaijan over the territory of Nagorno-Karabakh.
This evidently affected the meetings with the interlocutors. As some of the interlocutors expressed, in such
situations parties who previously disagreed tend to unite, and become less critical towards national
institutions and authorities.
With the approval of the author, the Danish Immigration Service is publishing the full text of the Handbook
of Frequently Asked Legal Questions for Persons Displaced from Syria to Armenia, written by the UNHCR
a d the A e ia s Cha e of Ad o ates. The Ha d ook is atta hed i Appe di .
The Danish Immigration Service would like to express its gratitude for the assistance and extensive support
provided by the Royal Danish Embassy in Kiev, Ukraine and the Royal Danish Consulate in Yerevan, Armenia
during its preparations for the visit and during the mission.
The editing of the report was finalised in the middle of July 2016.
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Armenia: State actors, political situation vulnerable groups and citizenship
E e uti e Su
ar
The Armenian Police and legal system have been characterised as some of the most corrupt institutions in
the country. The reasons for this include the lack of independence from the president, an intertwining of
political and economic interests and an inheritance from the time of the Soviet Union. Though formally all
citizens have the right to file a complaint or seek redress, the general faith in the judicial system is low and
cases are therefore being pursued at the European Court of Human Rights. There are some positive
changes in the police and in the judiciary. Reforms have affected positively on the conduct of the police and
more cases against police officers, who break the rules, are being pursued. A new generation of young
judges, who are inspired by international standards and who care about their reputation, have been
appointed. But the lack of political will to change the system is pointed out as the biggest barrier for
changes towards a more independent judiciary.
The Human Rights Defender (Ombudsman) stands out as being a more independent institution, but the
office is not completely separated from the structures of power. Critical recommendations towards the
state authorities seem to indirectly induce to the resignation or to the deprivation of re-election of the
Ombudsman and the number of implemented recommendations are still very low.
The political environment in Armenia is not considered free and competitive. Government institutions are
attached to the dominating Republican Party and the political and economic elites are converged. The
political opposition in Armenia is considered weak and fragmented, and is not seen as a real alternative to
the government. However, it was highlighted that Armenia has a vibrant and active civil society, which has
been evident in major demonstrations in recent years. The general conditions for the civil society groups
and the NGOs are considered good, and neither the political opposition nor the civil society groups face
persecution from the authorities because of their activities. However, there have been incidents in which
more radical opposition figures have been targeted.
Overall, it is considered that freedom of speech exists to the extent that everyone can freely express his or
her opinion in the public. Television and print media are often owned by people close to the government,
but the internet is considered free. Journalists are able to do their work without being hampered or
otherwise targeted by the authorities. However, depending on the situation, some critical journalists have
experienced direct targeting, especially in connection with demonstrations and elections, although ill-
treatment of journalists by the authorities does not happen routinely.
The LGBT community is considered one of the most vulnerable groups in Armenia. If LGBT persons are open
about their sexuality, they will be subject to discrimination and face stigmatisation from the society.
Domestic violence is widespread in Armenia, and victims of domestic violence also constitute a vulnerable
group for whom there is only limited support in the Armenian society.
Access to citizenship is fairly easy for both ethnic Armenians, who can follow a simplified procedure, and
other nationalities that are required to have lived in Armenia for three years and pass a test in the
Armenian Language and Constitution, unless they are married to or parent to an Armenian citizen. Persons
in or children of mixed marriages between ethnic Armenians and Azerbaijanis (if there are any left) would
face difficulties, not by law, but by societal acceptance, if they settled in Armenia.
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Armenia: State actors, political situation vulnerable groups and citizenship
. STATE ACTORS
1.1. The National Police of Armenia
The present form of the Police of the Republic of Armenia (the police) was decided in the Law on the Police
from 2001, when the Ministry of Interior administratively was replaced with the police, and the Law on
Police Services from 2013.
3
A o di g to a ti le i the La o Poli e, the poli e a e o e sighted
President of the Republic of Armenia appoints the head of the Police.
5
. . . Citize s’ A ess to the Poli e
Instructions on how citizens can approach the police are available on the webpage of the Armenian Police
–
www.police.am.
6
Access to the police in case of a private conflict
The Armenian Helsinki Association of Human Rights (Helsinki Association) stated that the police can only in
a very few cases assist ordinary citizens, and only in minor cases that involves petty crimes such as theft,
street fights and domestic violence. If a citizen has a conflict with a low-level public official, the police
would only intervene, if the citizen pays enough money in bribery.
According to an anonymous source located in Armenia, if a private person has a conflict with another
person, the police will normally deal with the conflict. However, according to the same source, citizens are
less illi g to app oa h the poli e o othe autho ities i o fli ts o disputes i ol i g a ell- o e ted
person.
Sources consulted
7
emphasised that if a citizen has a conflict with a person that is either well-connected or
have a powerful political or financial position, the chances of an intervention or a fair result would be
rather small. If a victim of a private conflict with a politically and/or economically powerful person
approaches the police to seek protection, the police neither can nor will assist, even if the citizen pays a
bribe. A case would likely be opened, but the case handling by the police would be ineffective and
unsuccessful. In general, powerful people are above the law and ordinary citizens are not protected by the
law in such cases.
If the police somehow get involved, even involuntarily, they too are at risk of repercussions. According to
an anonymous source located in Armenia an example of this could be observed in media reports in the
winter 2015-2016, when a jeep driven by a relative of an influential person was involved in a traffic incident
the P ose uto s Offi e.
4
The
3
4
www.police.am/en/about-the-police
(accessed 18 June 2016)
The Law of the Republic of Armenia on Police (2001), Chapter VIII, The Control and Oversight of the Activity of Police and
the Responsibility of the Police Officers, Article 42. The Oversight of the Police Activity (adopted 16 April 2001)
http://www.parliament.am/legislation.php?sel=show&ID=1271&lang=eng (accessed
19 June 2016)
5
United States Department of State, 2015 Country Reports on Human Rights Practices - Armenia, 13 April 2016, available at:
http://www.refworld.org/docid/571612a415.html [accessed 20 June 2016]
6
The webpage contains telephone numbers for hotlines of various topics, subpages with frequently asked questions and
printed standard letters for the citizens to fill out with inquiries to the police.
7
Helsinki Association; Helsinki Committee; Anonymous source located in Armenia
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Armenia: State actors, political situation vulnerable groups and citizenship
smashing several cars, including a police vehicle. In the end a police officer was blamed for the accident and
was charged with the responsibility.
8
Repercussions against witnesses/victims
According to the Helsinki Committee, the risk of repercussions depends on, how vulnerable a victim of a
conflict is. If victims of ill-treatment by authorities in detention facilities file a complaint against a police
officer, the authorities could put pressure on victims by threatening that their conditions could worsen, if
they complain.
People would only be protected by the authorities, if they are granted a criminal procedural status as victim
or witness or similar. Furthermore, there are no requirements in the legislation to present evidence, when
filling a complaint regarding, for instance, corruption. On the other hand if no evidence can be presented to
support the complaint, the risk for the plaintiff to be charged for filing a false report or slander is high and
could therefore be considered as a mean to exert pressure to complainants.
9
1.1.2. Capacity and conduct of the police
An anonymous source located in Armenia, stated that there have been visible positive developments in the
activities of the police force, but there is still room for further improvement. The majority of the complaints
from the civil society and the mass media against the police were directed at the conduct of individual
police officers, especially during public events while arresting protesters and not against the police force
itself.
A o di g to the P ose uto Ge e al s Offi e, hi h has the o e sight of the poli e
10
, the police force have
focus on training, which is done in cooperation with the Council of Europe. However, the Prosecutor
Ge e al s Offi e ould ot de that the e a e p o le s ega di g i suffi ie t t ai i g of the poli e i
Armenia and that is not solved overnight. There are still police officers within the force, who have been
trained in the former Soviet Union.
According to Transparency International, the Council of Europe has recommended the Armenian
Government to re-establish a Ministry of Interior. The former ministry was abolished in 2002. At present
the police constitute a self-governing administration that reports directly to the president of Armenia,
which results in a limited civil control and oversight of the police.
11
Ill-Treatment in police custody
The most recent detailed reporting by an international oversight actor on the conduct of police, state
security and military dates from the October 2014 visit of the Human Rights Commissioner of the Council of
8
9
Anonymous source, located in Armenia
Transparency International
10
FIDH, Ad i ist atio of Justi e i the Repu li of A e ia,
, The p ose uto s offi e o e sees the la ful ess of
inquiries of allegations of ill-treatment and the preliminary investigations, as well as pursuing the cases in court. A conflict of
interest is thus created. The prosecutor supervises the legality of investigations, approves indictments submitted by the
investigators and defends the relevant charges in court. The prosecutor exercises thus three different powers relating to the
same case, Supervision, Approval and Defence
11
Transparency International: Overview of corruption and anti-corruption in Armenia, 23 August 2013,
http://transparency.am/storage/overview-of-corruption-in-armenia-en.pdf (accessed 21 June 2016)
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Armenia: State actors, political situation vulnerable groups and citizenship
Europe.
12
In the report he expressed his concern over the lack of effective investigation into allegations of
torture and ill-treatment committed by law enforcement agents, which results in the impunity of
perpetrators and the recurrence of such abuse. In his report the Commissioner referred to the Armenian
Criminal Code, under which the definition of torture does not encompass crimes committed by public
officials, but only those by individuals acting in a private capacity. As a consequence, no law enforcement
agent or member of the security services has ever been convicted of the crime of torture in Armenia. If
police officials and investigators are at all held accountable for resorting to ill-treatment, the charges and
convictions are for lesser offences, i.e. abuse of authority or exceeding official powers. On several
occasions, persons thus convicted have been granted amnesty.
13
An anonymous source located in Yerevan added that in addition to the international reporting, the
European Court of Human Rights (ECHR) has heard several cases dealing with torture in police custody such
as the case of Virabyan v. Armenia
14
, in which the European Court of Human Rights concluded that
Virabyan had been subjected to ill-treatment that could be characterised as torture and that the
autho ities investigation
had been ineffective, inadequate and fundamentally flawed. The source further
added that, in general, allegations against police officers, where the allegations do not involve elements
that fall under criminal law, are investigated by the internal security department of the police.
According to an International Organisation (1) in Yerevan the Armenian government is making
improvements in this area. The government has approved amendments to the criminal code that aligns the
relevant legislation with Article 1 of the UN Convention against Torture. A revised Criminal Procedure Code,
including a definition of torture, is pending and the implementation is in a draft version. The plan is to align
the legislation and practice with the standards of the
Cou il of Eu ope s Co
issio fo the P e e tio of
Torture (CPT).
Pre-trial detention
A representative of an International Organisation (2) highlighted the concern about the frequent use of pre-
trial detention that has been criticised in several judgements from the European Court of Human Rights.
15
The court have found violations of Article 5 related to the unlawfulness of detention and absence of a court
decision on detention, the unreasonable length of pre-trial detention, the lack of relevant and sufficient
reasoning by courts, and its extension or automatic rejection of applications of bail. Often the arrest is not
the consequence of a preceding police investigation, but is rather used as an investigative tool.
12
13
Anonymous source, located in Armenia
Muiž ieks, Nils: Repo t Nils Muiž ieks, Cou il of Eu ope Co
issio e fo Hu a Rights, follo i g his isit to
Armenia, from 5 to 9 October 2014, March 2015,
https://wcd.coe.int/ViewDoc.jsp?p=&Ref=CommDH(2015)2&direct=true
P.18; See also United States Department of State,
2015 Country Reports on Human Rights Practices - Armenia,
13 April
2016, available at: http://www.refworld.org/docid/571612a415.html and Report to the Armenian Government on the visit
to Armenia carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment (CPT) from 4 to 10 April 2013, Strasbourg, 27 January 2015
14
ECHR: Information Note, Virabyan v. Armenia, 40094/05,
http://hudoc.echr.coe.int/eng?i=001-158191
15
Asatryan v. Armenia, Application No. 24173/06, Judgment of 09/02/2010; Poghosyan v. Armenia, Application No.
44068/07, Judgment of 20/12/2011; Muradkhanyan v. Armenia, Application No. 12895/06, Judgment of 05/06/2012
Piruzyan v. Armenia, Application No. 33376/07, Judgment of 26/06/2012. Malkhasyan v. Armenia, Application No. 6729/07,
Judgment of 26/06/2012; Sefilyan v. Armenia, Application No. 22491/08, Judgment of 02/10/2012
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Armenia: State actors, political situation vulnerable groups and citizenship
According to article 16 in the Constitution of the Republic of Armenia, an arrested person shall be
presented before a court within 72 hours.
16
A o di g to the P ose uto Ge e al s Offi e, the la states that a ase a e i
the pre-trial investigation
phase for maximum 12 months. The average case is in the pre-trial investigation phase for four to six
months. A detainee may maximum be in pre-trial detention for a year. Only when a person is formally a
suspect of a crime with a penalty of more than a year of imprisonment, he/she can be detained in pre-trial
detention. During the pre-trial detention period, the detainee has to be presented before a judge every
second month. Prolongation of the detention period happens upon assessment of the concrete
investigative measures claimed to be necessary. The length of the pre-trial detention is deducted in the
final sentence, although if acquitted, the person will not automatically be compensated for the detention
period.
According to the Court of Cassation, the case-law of the court as well as the legislation requires the
investigative body to present a well-reasoned justification either for obtaining a detention warrant, or
every second month, for extending pre-trial detention. Authorities generally complied with the 12-month
limit on total time in pre-trial detention. (See
also 2.1.3)
1.1.3. Corruption and Integrity
The police are recognised by the citizens as one of the most corrupt institutions in Armenia. According to
T a spa e
I te atio al s Glo al Co uptio Ba o ete the poli e a e pla ed as
number four on the list
of most corrupt institutions in Armenia. In the Armenian police, as with other state institutions, the
corruption is systemic, as it starts from the bottom level and goes all the way to the highest management in
an organised system.
17
The primary reason for the corruption is the lack of independence of the police that have no independence
from the president and the political elite. Influence and nepotism is being used to achieve political aims.
18
According to an international organisation (1) in Yerevan, the police appear well-functioning on a formal
level, but practically there are several problems and challenges of corruption that raise international
concern. Cases are being closed or postponed indefinitely using administrative or legal loopholes as
excuses. There are reform efforts in the law enforcement sector that are financially and technically
supported by international donors, but a sustainable result requires stronger political will and
determination of the decision-makers, according to the source.
The P ose uto Ge e al s Offi e ould ot de that A e ia ha e i he ited a s ste of o uptio f o
the former Soviet Union, but the office highlighted that the problem is not special for Armenia, since it also
exists in the surrounding former Soviet republics.
A o di g to the P ose uto Ge e al s Offi e,
reports of corruption are being investigated; all phone calls to
the poli e a e e o ded, h it ould ot e possi le to o e up a d ot i estigate allegatio s of a
16
Constitution of the Republic of Armenia (with amendments), Chapter 2: Fundamental Human and Civil Rights and
Freedoms, article 16,
http://www.parliament.am/legislation.php?sel=show&ID=1&lang=eng
(accessed 28 June 2016)
17
Transparency International
–
Link to TI Global Corruption Barometer -
http://www.transparency.org/gcb2013/report
18
Transparency International
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Armenia: State actors, political situation vulnerable groups and citizenship
criminal offence. The Prosecutor is responsible for the legality of the cases, and therefore he also reviews
the phone recordings.
The P ose uto Ge e al s Offi e has the po e to efe a ase fo fu the i estigatio to the Spe ial
Investigation Service, and at the same time controls the legality and effectiveness of investigations
conducted by the service, and decides if charges should be pressed.
19
1.2. Special Investigation Service
The Special Investigation Service was established in 2007 as a self-governing state body and acts within the
frameworks of the functions stated in the Law on Special Investigation Service. According to Article 2 of the
law the Special Investigation Service conducts preliminary investigations of criminal cases against officials
of legislative, executive and judicial bodies, against persons carrying out special state service, connected
with their official positions or with crimes committed by them, as well as electoral processes envisaged by
the Criminal Procedure Code of the Republic of Armenia.
20
The head of the Special Investigation Service is appointed directly by the President of Armenia. The Staff is
appointed by the head of the service.
21
. . . Citize s’ A ess
According to the Special Investigation Service the procedure for initiating a preliminary investigation can be
do e eithe
the P ose uto Ge e al s Offi e o
the app oa h of a itize .
The Special Investigation Service has three investigation departments: 1) Investigation Department for
Corruption, Organised and Official Crimes; 2) Investigation Department for Torture and Crimes against
Persons and 3) Investigation Department for General Crimes. A citizen can approach the service in several
ways
–
either by email, regular mail to a post-box or to appear at the office of the service in person.
22
A
citizen, who has been victim of ill-treatment or similar, can file a case at the Special Investigation Service
even though the person has an ongoing criminal case in the court system.
1.2.2. Resources
According to Special Investigation Service, the biggest challenge for the service is the caseload. Even though
the service emphasised that all cases are being thoroughly, comprehensively and objectively investigated,
there is still an acknowledged need to prioritise the investigations. The majority of cases (70-80%) are
placed in the Investigation Department for Corruption, Organised and Official Crimes and is therefore
prioritised.
Cou il of Eu ope Co
issio e fo Hu a Rights: Repo t Nils Muiž ieks, Co
issio e fo Hu a Rights of the
Council of Europe, Following his visit to Armenia from 5 to 9 October 2014, 10 March 2015, paragraph 68-69, p. 19
20
Li k: З ко е пу л к А е
о пец ль о лед т е о луж е Repu li of A e ia La o Spe ial
Investigation Service), (adopted 28 November 2007),
http://www.parliament.am/legislation.php?sel=show&ID=3124&lang=rus
(accessed 27 June 2016)
21
Special Investigation Service
22
Ibid.
19
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Armenia: State actors, political situation vulnerable groups and citizenship
The service terminated 740 preliminary investigations in 2015. The amount of cases per year was around
three times more than other years.
23
1.2.3. Independence and Integrity
Both Armenian Helsinki Committee and the Helsinki Association stated that the Special Investigation
Service is not independent. According to the Helsinki Committee there have been some signs of
improvement in recent years. In the first years, the service did not open any case against the police at all.
At present, preliminary investigations are being initiated. However, the result is always that the case is
closed after a couple of months due to lack of grounds to prosecute. If an officer from the Special
Investigation Service would take initiative to raise a case against an official, he/she would be dismissed,
according to the source.
According to Transparency International there are three main problems with the legislation concerning the
Special Investigation Service: Firstly, there is no clarity in the Criminal Procedure Code regarding the
jurisdiction of the service. Secondly, the legislation concerning whistle-blowers is weak and protection can
be delayed or not granted and the person would be at risk of retaliation. Thirdly, there are no requirements
in the legislation to present evidence when filling a complaint regarding corruption, but if no evidence is
provided, the plaintiff can be charged with filing a false report or slander.
The Special Investigation Service emphasised the positive development of the service since 2013. The legal
framework is different, preliminary investigations are only initiated on a legal basis. The wages of the
investigators are twice as high as in previous years and the investigators are being qualified with special
competencies in their specific work areas.
According to the Special Investigation Service the staff members are not facing any repercussions when
conducting preliminary investigations against state officials, politicians or the police officers. Even though it
is generally difficult for police officers to investigate other police officers, the service emphasised that it
as the o e sto e of the se i e s o k.
1.3. The Legal System
The Court of Cassation explained that the judicial system in Armenia is determined by the Constitution of
the Republic of Armenia and the Judicial Code of 2007. Courts of General Jurisdiction have first instance
jurisdiction over all civil, criminal and other cases that are not reserved to the Administrative Court. The
Administrative Court has jurisdiction over all cases arising from public legal relations.
Armenia has three courts of appeal, the Civil Court of Appeal, the Criminal Court of Appeal and the
Administrative Court of Appeal. The Civil Court of Appeal and the Criminal Court of Appeal review appeals
from Courts of General Jurisdiction. The Administrative Court of Appeal reviews appeals from the
Administrative Court. Appellate courts review judgments on the merits only within the scope of the
grounds and reasoning underlying the appeal.
24
23
24
Special Investigation Service
Court of Cassation
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Armenia: State actors, political situation vulnerable groups and citizenship
The Court of Cassation is the court of highest instance in Armenia, except for matters of constitutional
justice. It is responsible for ensuring the uniform implementation of the law and facilitating the
development of the law. The Court of Cassation is divided into two Chambers, the Civil and Administrative
Chamber and the Criminal Chamber.
25
Finally the Constitutional Court is responsible for the administration of constitutional justice. The
Constitutional Court has a very specific mission, as it only considers the constitutionality of a law
implemented in Armenia. The Constitutional Court does not consider the legitimacy of a legal act or
judgement. It only checks the constitutionality of a law or other legal act applied in a case, not the case
itself.
26
. . . Citize s’ A ess to file a ase
Several sources agreed that, formally, all citizens have the right to file a complaint or seek redress through
the courts in Armenia. However, the judicial system in Armenia is characterised by a general distrust in the
population. A common citizen has access to file a case with the courts, but the outcome of the legal
proceedings is questionable and unpredictable.
27
A o di g to T a spa e
I te atio al, a itize s possi ilit to file a o plai t outside the apital
Yerevan would be more difficult as the fight against corruption in the regions are more difficult.
A o di g to the P ose uto Ge e al s Offi e a itize has se e al optio s to app oa h the Offi e of the
P ose uto . A itize a file a o plai t o app oa h the P ose uto Ge e al s Offi e di e tl . If the e has
been media coverage of criminal offenses that have not been investigated by the police, the Prosecutor is
obligated to initiate a proper investigation.
A e ia La e s Asso iatio ALA stated that if a pe so a ts to i g a ase efo e the ou t, he/she
can apply to the courts of first instances either by defending himself/herself or through an attorney. The
specificities of presenting the case before the courts, depends on the type of case, mainly if it is civil,
administrative or penal.
The Association of Judges noted that the legislatio
e su es the itize s ight to seek ed ess th ough
numerous instances such as the police, the prosecutor, the Ombudsman and the Constitutional Court.
Citizens can also file civil claims with the courts.
A o di g to A e ia La e s Asso iatio , the
e are specialised attorneys that provide legal aid to people
in detention, including pre-trial detention. The principle of ensuring the right to legal aid is regulated by
article 10 of the Criminal Procedure Code of the Republic of Armenia.
28
25
26
Ibid.
Ibid.
27
Armenia Lawyers Association; Chamber of Advocates; A Representative of an International Organisation (2); Helsinki
Committee
28
Criminal Procedure Code of the Republic of Armenia (adopted 1 September 1998),
http://www.parliament.am/law_docs/010998HO248eng.pdf?lang=eng
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Armenia: State actors, political situation vulnerable groups and citizenship
The Court of Cassation highlighted the grounds for lodging a cassation complaint as following: a) ensure
uniform application of law; b) inconsistence between the ruling from a lower instance court and the case
law of the Court of Cassation; c) judicial error, i.e. such a violation of substantive or procedural law that
could influence the outcome of the case; d) newly-emerged and new circumstances. All people can appeal
to the Court of Cassation. According to the Court of Cassation the appeals concern violations at all levels.
1.3.2. Resources
According to the Court of Cassation, the number of judges pr. 100,000 citizens is substantially lower in
Armenia (6.7 judges pr. 100,000 citizens) than the average of the European Union (EU) (22.7 judges pr.
100,000 citizens). The low number of judges has led to a problem with overloading of cases at the courts. In
2013 the number of civil and administrative cases filed with the courts was approximately 45,000 cases, in
2014 it was 85,000 cases and in 2015 it was 115,000 cases. The number of criminal cases was stable over
the same period of time. The growing number of cases results in increasing processing time of the cases.
The Court of Cassation recognised that the huge caseload has led to violations of the timeframe for
processing a case.
Both Chamber of Advocates and the Association of Judges confirmed the extreme overload of cases, which
has led to a backlog in the Armenian judicial system. The Association of Judges estimated that a first
instance court has a backlog of 1,700-1,800 cases pr. judge, which are six to eight times more than in an
average European court. The Chamber of Advocates noted that hearings before the courts often are
delayed several months, and the rulings are delayed up to a year. Both sources noted that there are too
few judges and that the caseload is affecting the quality of work and the judgements in the courts, why the
risk of mistakes have increased.
Fair Trial:
A representative of an International organisation (2) stated that the equality of arms is not fully effective in
Armenia and access to a lawyer at the outset of police custody remains problematic. The source also
efe ed to the epo t of the Cou il of Eu ope s
Commissioner for Human Rights.
29
Chamber of Advocates mentioned that the presumption of guilt rather than the presumption of innocence
is prevalent in the courts in criminal cases. The mentality of the courts is often that the suspect is guilty
when cases reach the courts. In 90% of the cases the judge would
app o e the i estigato s o
p ose uto s e uest fo dete tio .
Civil Society Institute corroborated that the mentality of the people arrested and/or prosecuted by the
authorities is characterised by a fear of the court system and a fear of the judges, even if they did not
commit a crime. This is also reflected in the reluctance of some people to appeal a guilty verdict in the first
instance court.
29
Report
Nils Muiž ieks, Co
issio e fo Hu a Rights of the Cou il of Eu ope, Follo i g his isit to A e ia f o
to 9 October 2014, Strasbourg, 10 March 2015. In earlier reports the access to a lawyer and the right to receive legal aid has
been questioned. It has especially been a problem in the pre-trial phase where the police can invite persons to police
premises as a witness and then treating them as a suspect without rights and safe-guards as set out for suspects.
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Armenia: State actors, political situation vulnerable groups and citizenship
However, several sources
30
stated that there have been some clear improvements in this area in the recent
years. The position of the Armenian Chamber of Advocates which provides legal aid has become stronger,
and there are also NGOs that provide legal aid free of charge. The quality of the support is higher and the
defence lawyers are better educated. Specialised attorneys provide legal aid to people in detention,
including pre-trial detention.
Since 2012 the Chamber of Advocates and the police are operating a committee consisting of police officers
and advocates that assess complaints regarding incidents where a defence attorney had his/her access to a
client blocked by the police. Since the setting of the committee the number of cases has dropped
significantly.
The Chamber of Advocates criticised that only the first instance courts make a ruling regarding the fact of a
case. Both the appeal courts and the Court of Cassation only assess the legality of the decision from the
first instance courts and these courts do not accept new evidence. Therefore the courts of appeals and the
Court of Cassation almost always make the same assessment as the first instance courts.
When asked about the so-called zone-judges
–
a concept described by the Armenian Ombudsman and
conveyed by the 2015 Council of Europe Report
31
–
whereby the judges in the Court of Cassation
apparently control a number of lower-ranking judges and coordinate their judicial decisions, the Court of
Cassation denied the existence of this mechanism. According to the Court of Cassation, the court sets the
precedence not only for the lower instance courts, but for the whole justice system (investigative bodies,
prosecutors,
la e s . The ou t is usi g the te
p edi ta le justi e to eate the u ifo appli atio of
the legislation and the same interpretation of the law in all court instances.
According to the Association of Judges, the Court of Cassation is not supervising or advising the judges of
the first instance and appeal courts before making a verdict. However, the judges are allowed to ask for
advice regarding a provision in the law, and such advice does not influence the independence of the courts.
1.3.3. Integrity and Independence
Several sources
32
stated that the judiciary formally is independent and can appear well-functioning.
However, practically the whole sector is under influence of the political system. Especially, the large role of
the president in appointments and promotions of judges was highlighted as a barrier for the judiciary to act
separately and independently of the political system.
Other sources stated that it is not only the judiciary, but the whole legal system that are dependent of
political interests of the president and the ruling party.
33
According to the Helsinki Committee it is the
overall assumption that the legal bodies in Armenia are ineffective and under political influence. The
general faith in the judicial system is low and cases are being pursued in the European Court of Human
30
31
Armenia Lawyers Association; Chamber of Advocates; Civil Society Institute
Repo t Nils Muiž ieks, Co
issio e fo Hu a Rights of the Cou il of Eu ope, Ma h
Pa a. ; I stitute fo
War and Peace Reporting,
Armenian Courts Accused of Systemic Corruption,
20 January 2014, CRS Issue 719, available at:
http://www.refworld.org/docid/52de87bc4.html [accessed 29 June 2016]
32
Helsinki Committee; A representative of an International Organisation (2); An International Organisation (1) in Yerevan;
Civil Society Institute; Representatives of an embassy in Yerevan
33
Helsinki Committee; Civil Society Institute; Armenia Lawyers Association
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Armenia: State actors, political situation vulnerable groups and citizenship
Rights due to the distrust in the system. The biggest barrier for changes towards a more independent
judiciary is the political will to change. Until the entire legal system is independent, there will not be an
independent judiciary.
Corruption
Many sources highlighted the problem of corruption in the Armenian judiciary. Armenia is a country of
formal and informal networks, which makes it easy to influence a case. The general consensus is that a
person in Armenia is not protected by law, but by his/her official position and financial means. Corruption
permeates all levels of society. The political and economic elite in Armenia are intertwined; rich people are
well-connected with the politicians and can influence politics, as well as justice.
34
The same sources indicated that due to corruption an ordinary citizen would have no real possibility to seek
protection with the judiciary. People can file cases before all levels of the court system, including the Court
of Cassation, but the only option for a fair trial is to file a case at the European Court of Human Rights.
35
Several sources
36
referred to the special report published by the Ombudsman in 2013 describing the
systematic mechanisms of corruption. The report revealed that corruption affected all judicial instances
with judges taking bribes at various levels. The Ombudsman identified more than 200 legal cases in which
judicial rulings were swayed by money paid (up to 50,000 USD) by one or the other of the parties.
37
According to Transparency International Global Corruption Barometer, the courts are perceived to be
among the three worst corrupt state institutions in Armenia. The corruption is systemic and starts from the
bottom level and goes up to the highest management, where managers at all levels have systemised the
amount of money, their subordinates must pay every month.
In civil cases the general trust in the judiciary system is almost non-existing when a large amount of money
or an influential public official is involved. The parties in the case would be prompted to believe that a
judge could be subject to temptation of taking a bribe, according to several sources.
38
The Association of Judges acknowledged that corruption exists in Armenia, since people are filing
complaints about corruption. However, the source stated that the biggest threat to the independence of
the judi ia
as the judges lo sala ies a d pe sio s.
Armenia Lawyers Association; Helsinki Committee; Civil Society Institute; An anonymous source, located in Armenia; An
representative of an International Organisation (2); International Organisation (1); Western Embassy (1); Western Embassy
(2); Representatives of an embassy in Yerevan
35
Chamber of Advocates; Armenia Lawyers Association; Helsinki Committee; Civil Society Institute; An anonymous source,
located in Armenia; An representative of an International Organisation (2); International Organisation (1); Western Embassy
(1); Western Embassy (2); Representatives of an embassy in Yerevan
36
Anonymous source, located in Yerevan; International Organisation (1) in Yerevan; Helsinki Association; Armenian Lawyers
Association; Helsinki Committee; Transparency International; Women Ressource Center
37
Repo t Nils Muiž ieks, Co
issio e fo Hu a Rights of the Cou il of Eu ope,
March 2015 Para 21; Institute for War
and Peace Reporting,
Armenian Courts Accused of Systemic Corruption,
20 January 2014, CRS Issue 719, available at:
http://www.refworld.org/docid/52de87bc4.html [accessed 29 June 2016]
38
Chamber of Advocates; Armenia Lawyers Association; Helsinki Committee; Civil Society Institute; An anonymous source,
located in Armenia; A representative of an International Organisation (2); International Organisation (1); Western Embassy
(1); Western Embassy (2); Representatives of an embassy in Yerevan
34
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Armenia: State actors, political situation vulnerable groups and citizenship
The P ose uto Ge e al s Offi e oted that po e ful o ell-connected
persons have no influence in the
court rooms. If bribes were paid, such a case would immediately be filed for the European Court of Human
Rights. Therefore people can no longer hide a problem or pay to make a case disappear.
Several sources stated that there have been some positive signs of improvements. In some administrative
cases people are beginning to win cases in courts concerning compensation after the authorities violated
their rights. The sources also highlighted the better education of a new generation of younger judges that
are inspired by international case-law from among other the European Court of Human Rights. These young
judges care more for their reputation and have a stronger belief in justice. The salaries are also improving.
39
1.4. Independent Complaint/Appeal Bodies
1.4.1. Human Rights Defender (Ombudsman)
The institution of the Armenian Human Rights Defender (Ombudsman) is secured in the Constitution. The
office was established in 2004. The Ombudsman is elected for a period of six years by a majority 3/5 of the
National Assembly and is according to the Constitution irremovable and secured immunity in this period.
40
. . . . Citize s’ A ess
The access to the Armenian Human Rights Defender (Ombudsman) is regulated in the law and both
Armenian citizens and non-citizens can apply to the Ombudsman with complaints regarding the state or the
local self-governing bodies and their officials. A person can, without a fee, file a complaint by email,
personal approach or phone call. If there are enough grounds for a complaint, a case will be opened. The
Ombudsman can also take up issues and open a case on his own initiative.
41
The Hu a Rights Defe de s Offi e is ope ati g a hot-line
service (116) that is staffed 24 hours a day and
provides legal advice to citizens. If it is deemed necessary, a representative of the Ombudsman can be
present at the scene to provide support.
The office also has a Rapid Response Team that can approach the police station and make notice of the
situation. The staff members are secured unlimited access to the arrested.
The Hu a Rights Defe de s Offi e has th ee egio al offi es a ou d A e ia, ut
the staff from the
office in Yerevan can also provide support to cover complaints received in the regions outside Yerevan.
According to a representative of an international organisation (2) everybody can contact the Ombudsman
and receive some kind of legal assistance. The hot-line and the local mobile groups around Armenia can
provide aid. However, due to financial reasons the help is only short-term.
39
40
Chamber of Advocates; Armenia Lawyers Association; Civil Society Institute
The Constitution of the Republic of Armenia (with amendments), Chapter 4: The National Assembly, Article 83.1,
http://www.parliament.am/legislation.php?sel=show&ID=1&lang=eng
(accessed 24 June 2016). He can be elected for
maximum two consecutive terms.
41
The Law of the Republic of Armenia, On the Human Rights Defender (adopted 21 October 2003),
http://www.parliament.am/legislation.php?sel=show&ID=1457&lang=eng,
(accessed 25 June 2016)
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Armenia: State actors, political situation vulnerable groups and citizenship
According to the Helsinki Committee the hotline and response team covers prisons and detentions facilities
with some access to the prisoners and detainees. The problem with the institution is, however, that the
Armenian society does not know the role and responsibilities of the Ombudsman and what he can do.
Often the institution is seen upon as just another court.
1.4.1.2. Resources
The Hu a Rights Defe de s Offi e has e plo ees fo the hole ou t . The ai offi e is lo ated i
Yerevan and three regional offices with each two employees. The Rapid Response Team and the hot-line
are manned with five employees. The team is available all day, during night-time, weekends and holidays.
According to the Ombudsman the hot-line is very popular and frequently used, why five employees
sometimes are not enough.
An international organisation (1) in Yerevan stated that the hotline is suffering from limited staff and only
five members of the staff are in charge of the hot-line, which covers the entire country.
The maximum processing time for a case is one month. After this period of time a decision has to be made
on whether a case will be opened or if the application should be rejected. In 2015 the Human Rights
Defe de s Offi e e ei ed o e tha ,
ases, a d the hot-line
received 1,070 cases. According to the
Ombudsman, the insufficient number of employees does not have an effect on the handling of cases and
the office has seen no violations of deadlines.
42
However, the present Ombudsman stated that the lack of human resources is perhaps the biggest
challenge for the office. The capacity of staff monitoring detention facilities, prisons, psychological hospitals
etc. is challenged. According to the Ombudsman, the funds provided by the state are not sufficient. The
system is overburdened and there is a need to strengthen the institution with specialised knowledge and
further employees, both in the Yerevan office and in the regions.
According to an international organisation (1) in Yerevan, the commitment of the staff at the Human Rights
Defe de s Offi e is high, a d thei o k is ha a te ised
by quality and expertise. But the organisation is
concerned that the insufficient budget of the office prevents the institution to fully perform all its
functions. Since the financing is confined, there are limits on areas of action in which the Ombudsman can
operate and the staff members have to be careful in dealing with state authorities.
Finally, a new draft law on Anti-Discrimination is being drafted. The law foresees the establishment of an
e ualit od to e pla ed ithi the Hu a Rights Defe de s Offi e, ut u less the
office receives
adequate financing, including more employees, there would be serious concerns regarding the capacity of
the whole institution of the Human Rights Defender.
43
42
However, the former Ombudsmen have emphasised, that there is a lack of material and financial capital in the staff of the
office,
Annual Report on the Activities of the RA Human Rights Defender,
2013, page 11
43
International Organisation (1)
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Armenia: State actors, political situation vulnerable groups and citizenship
1.4.1.3. Independence and Impact
Several sources
44
emphasised that the institution of the Human Rights Defender is not fully independent.
Even though the law formally provides the opportunity for the Ombudsman to be independent, he is still
appointed by the ruling system
–
the National Assembly
–
and is dependent on the political will in the ruling
elite. The O uds a s o k is a efull o ito ed the go e
e t. If the O uds a is iti al i his
recommendations, the system (the state authorities) will indirectly induce his resignation. All former
Ombudsmen have either resigned or not been re-elected after raising criticism of the system.
The Helsinki Committee found that the Institution of the Human Rights Defender stands out as more or less
independent in contrary to the rest of the judiciary that is tormented by corruption. The office and the staff
members are considered independent, but are not completely separated from the structure of power, as all
employees originate from the authorities.
T o sou es e tio ed that the Hu a Rights Defe de s Offi e depe ds i stitutio all a
d by law on the
person who serves the post and his commitment. This was especially shown in the period from December
2015 to March 2016, when there was no Ombudsman, and the work of the institution could not proceed.
45
Several sources stated that it was too early to assess the current Ombudsman, since he was elected in the
beginning of 2016.
46
Two sources
47
noted that the former Ombudsman made an ambiguous resignation
after criticising the conduct of the December 2015 Constitutional Referendum. According to one source
48
he worked relatively independent, he had the courage to criticise the system openly, and was able to make
changes to some cases.
According to the Ombudsman there are basically no limitations in the work of the institution. The Human
Rights Defende
s Offi e is o ki g fo the e efit of the itize s a d the so iet , ot i a o da e ith
the mood of the government. The Ombudsman stated that if the latter was the case, the institution would
be useless.
According to the Ombudsman, the work of the institution of the Human Rights Defender has an effect on
the Armenian authorities. If the Ombudsman sees a problem within the police and judiciary, he can freely
criticise this and make recommendations for improvement. He emphasised the process regarding
complaints of ill-treatment. When the Ombudsman receives a complaint, he can transfer the case to the
P ose uto s Offi e, a d he the i estigatio is o pleted, the p ose uto is o liged to otif the
Ombudsman of his findings. The Ombudsman is convinced that it has an effect, given that the authorities
know that the Ombudsman is following the case. There have been cases, where the charges against
plaintiffs have been dropped, and criminal proceedings have been initiated against police officers.
Alternatively, the Ombudsman can write a letter demanding an explanation regarding certain topics related
to the complaint. The effect of such letter or recommendation is of advisory nature. The Ombudsman can
44
45
Armenian Lawyers Association; Transparency International; International Organisation (1) in Yerevan; Helsinki Committee
An anonymous source, located in Armenia; Representative of an International Organisation (2)
46
Armenian Lawyers Association; Helsinki Committee; Representatives of an embassy in Yerevan
47
International Organisation (1) in Yerevan; Representatives of an embassy in Yerevan
48
Representatives of an embassy in Yerevan
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Armenia: State actors, political situation vulnerable groups and citizenship
make a follow-up by raising the issue before the competent authorities. According to the Ombudsman, the
impact of the recommendations is growing every year, which is a result of the larger visibility of the office
a d the fea of ei g a ed a d sha ed i the Natio al Asse l , o i the O uds a s a ual
epo ts. No autho it a ts to e sha ed, h state offi ials a d i stitutio s usuall oope ate ith the
Hu a Rights Defe de s Offi e.
However, the Ombudsman recognised the challenges in ensuring the implementation of the
recommendations, because some state institutions are reluctant to follow the recommendations of the
Hu a Rights Defe de s Offi e.
Two sources
49
assessed that the effe t of the Hu a Rights Defe de s Offi e a e i i al.
The
International Organisation (1) stated that only about one third of the recommendations of the
O uds a s Spe ial Repo t ega di g o uptio i the A e ia judi ia f o
have been
implemented. The remaining recommendations are either partly or not implemented. The annual reports
are often very long and detailed analysis, that are not very user-friendly to the public. They lack clear
information on the required follow-up by various state bodies.
The Helsi ki Co
ittee elie ed that the effe t of the Hu a Rights Defe de s Offi e o the poli e a d
the judiciary is low. If there is a political interest involved, the recommendations would have no impact at
all. The before-mentioned resignations of the former Ombudsmen are also clear signs that the effect of
criticising the system is minimal, and instead more often leads to the resignation of the messenger.
Nevertheless, public opinion is very important in Armenia and the Ombudsman needs to make critical
e o
e datio s i o de ot to lose the itize s elief i the i stitutio , a o di g to the sa e sou e.
1.4.2. The Constitutional Court
The Constitutional Court was created in 1995 after a constitutional referendum and began operating in
February 1996.
50
The court consists of nine judges and the main functionality of the court is to assess the
constitutionality of laws and regulations in the Republic of Armenia.
According to the Constitutional Court, a constitutional reform will fully enter into force in 2018. The new
constitution will result in an alteration of the current Constitutional Court. The court will be added in
mandates and is to hear not only laws, but also regulations issued by governing bodies. The court will also
not only rule on the constitutionality of the law or regulation, but also on the interpretation of the laws and
regulations issued by all levels of the common courts, including the Court of Cassation.
. . . . Citize s’ a ess
According to the Constitutional Court the court receives applications from the following: The President of
the Republic of Armenia; The National Assembly; The Government; The Courts; The Attorney General; The
Human Rights Defender and individuals (since 2005)
.
49
50
Helsinki Committee; International Organisation (1) in Yerevan
http://concourt.am/english/cc/descrip_en.pdf
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Armenia: State actors, political situation vulnerable groups and citizenship
90 percent of all applications filed with the Constitutional Court are from individuals. Since 2008 the court
has recognised 250 provisions of different laws as unconstitutional. Individuals
51
can apply directly to the
court with a claim of unconstitutionality of a law; after all other remedies are exhausted.
According to Transparency International the access to the court is equal for all. It is not mandatory to hire a
lawyer, but the chances to win a case are higher with a lawyer. In practice this limits the access to the court
to resourceful persons.
Two sources highlighted that citizens have access to complain to the Constitutional Court, but both sources
noted that the opportunities to complain is only limited to the constitutionality of a legal act.
52
1.4.2.2. Resources
The court consists of two chambers each with three judges. The decisions of the chambers have to be
unanimous. If the chamber judges disagree, the application will be forwarded to the full court chamber
consisting of all nine judges, who will assess the application.
The timeframe to assess an application before the court is six months, which can be extended by further
three months. Regarding electoral issues the timeframe is from one month to 50 days.
According to the Constitutional Court, the caseload at the court is high compared to similar courts in the
neighbouring countries. The court normally makes one to two final rulings a month and one judgement a
week. Since 2005-2006 the court receives more than 1,600 applications a year. Seven to nine percent of the
applications are assessed by the court, which is higher than the average percentage for constitutional
courts in the EU-countries, where the number is 2.3
–
3.0 percent.
53
1.4.2.3. Integrity and Impact
According to the Helsinki Committee, the Constitutional Court stands out as one of two independent state
bodies in Armenia. However, as is the case with the Ombudsman, the court is only independent to a certain
extent, due to fact that the leading officials all worked in state institutions before working for the court.
Transparency International praised the court for sometimes making good decisions and for its qualified
professional staff. However, if the cases cover sensitive issues, i.e. political issues, and if a person from the
government is involved, there are grounds to doubt the properness of the decisions. Transparency
International highlighted the numerous cases of electoral disputes, where none of the verdicts from the
Constitutional Court have been in favour of the opposition.
The Constitutional Court cannot imagine any pressure from outside applied to the court. In this regard the
ou t highlighted state e ts f o the Cou il of Eu ope s Ve i e Co
issio ega di g politi al p essu e
on courts in Armenia. According to the court, the Commission did not find any pressure being applied on
the Constitutional Court.
51
52
persons as well as entities, and non-citizens
An anonymous source, located in Armenia; Transparency International
53
Constitutional Court
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Armenia: State actors, political situation vulnerable groups and citizenship
A o di g to the Co stitutio al Cou t, the iggest halle ges fo the ou t ega d the i pa t of the ou t s
decisions. In this area there are two major problems: Firstly, the Constitutional Court has assessed a
number of cases that has been reviewed by the Court of Cassation due to new circumstances. The
Constitutional Court has found the assessment of the Court of Cassation insufficient. The Constitutional
Court had recommended that the case is reviewed by the first instance court, but after the review the first
instance court has made exactly the same verdict as before.
Secondly, the lower courts do not make use of the possibility to approach the Constitutional Court in the
pre-trial stage, or during the trial itself, to have a provision tested for its constitutionality before applying it
on a specific case. The Constitutional Court only receives two-three cases a year from other courts. The
reason for this could be lack of trust in the system among judges, lack of proper education, or that the
sessions in the Constitutional Court are public.
25
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Armenia: State actors, political situation vulnerable groups and citizenship
2. Political Situation
2.1 Major political parties
The latest parliamentary election was held 6 May 2012. The Republican Party won a majority of 69 of 131
seats.
54
The largest opposition party, Prosperous Armenia, won 37 seats. A group of small political parties
are also represented in the National Assembly
–
Armenian National Congress (7 seats), Armenian
Revolutionary Federation (6 seats), the Rule of Law Party (6 seats) and The Heritage Party (5 seats).
55
The
present government is a coalition between the Republican Party and Armenian Revolutionary Federation
since 24 February 2016.
56
A new constitution, which was approved by a referendum in December 2015, will
make a change to a parliamentary political system with more powers to the prime minister in 2017.
Several sources stated that the political environment in Armenia is not free and competitive. The political
system is very centralised and based on a clan system. The ruling party
–
the Republican Party - is
dominating the political arena, and the government institutions are attached to the party. Political and
economic elites are converged, and the political sector is very closely linked to the economic sector and the
oligarchs.
57
The Helsinki Committee claimed that many ministers and deputies in the National Assembly are
representatives of commercial companies.
According to several sources, elections in Armenia suffer from falsifications and vote bribing, and the
conduct of elections has been internationally criticised for several violations.
58
The Helsinki Committee of
Armenia noted that there have not been any real elections in Armenia since 1995. Transparency
International stated that it is not possible to change the government by democratic means.
2.1.1. Opposition
Several sources stated that the political opposition in Armenia is weak and is not offering a real alternative
to the government.
59
According to some sources, the present situation of the opposition is a result of the
modern history of Armenian politics.
60
According to the Helsinki Committee, after the elections in 2008,
when the circles of power shifted and the former opposition won the election, the former president and his
supporters were persecuted. An international organisation (1) noted that the violent crackdown on the
opposition in 2008, which resulted in the killing of 10 demonstrators, the former president in house-arrest,
and a 20-day state of emergency, is the primary reason for the fragmentation and weakness of the present
opposition.
54
41 seats are elected in single-member constituencies and 90 seats are elected by proportional representation among
party lists which have received at least 5% of the votes
55
Ja ues Le a te: A e ia s politi al pa ties a d the EU, Ja ua
, Eu opea Pa lia e ta Research
Service,
http://www.europarl.europa.eu/thinktank,
s. 1-2; Freedom House,
Freedom in the World 2015 - Armenia,
31 March
2015, available at: http://www.refworld.org/docid/5523d2d070.html [accessed 2 March 2016]
56
Radio Free Europe/Radio Liberty,
Anti-Turkish party joins Armenian president Sarkisian's government,
25 February
2016, available at: http://www.refworld.org/docid/570cdf688.html [accessed 2 July 2016]
57
Helsinki Committee; Representatives of an embassy in Yerevan; International Organisation (1); Transparency International
58
Helsinki Committee; Transparency International; Western Embassy (1)
59
Helsinki Committee; Civil Society Institute; International Organisation (1); Representative of an International Organisation
(2); Representatives of an embassy in Yerevan; Western Embassy (1)
60
Helsinki Committee; International Organisation (1)
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Armenia: State actors, political situation vulnerable groups and citizenship
Many sources noted that there is a general distrust in the political system.
61
Some of the sources
highlighted that the political parties do not have any programme or goals, except obtaining power.
62
According to the Helsinki Committee, normally political parties develop their strength, character and
structures through their participation in elections, but this has not happened in Armenia, where many of
the political parties in reality depend on one person. Civil Society Institute stated that many of the political
parties focus on winning one election, instead of building up a platform for a long-term sustainability of the
party. The opposition cannot unite behind one candidate, because the parties are personalised.
According to both Helsinki Committee and the Civil Society Institute, the political parties often shift
between being part of the government and being in opposition. Many political parties can in a period of
time act as opposition and then quickly shift to support the government. This is mainly due to the
attractiveness of being aligned with the government, because it will secure minister posts and better
financing.
63
Two sources emphasised that the oppositional political parties are weak due to lack of funding. According
to an international organisation (1), there are not many wealthy people who can or will finance the
opposition. The Helsinki Committee noted that if people want to finance the opposition, it can only happen
in agreement with the Republican Party or in a secretive way.
There are two kinds of opposition groups that are not represented in the National Assembly. Firstly, there is
a new movement of younger politicians revolved around the parties Civic Contract/Civic Platform and
Bright Armenia, calling for a more democratic and better structured opposition that is not only
participating in presidential and parliamentary elections, but also in building a platform through local
elections. These parties are trying to mobilise a broader support around the youth and in the pro-European
part of the population ahead of the forthcoming elections in 2017.
64
The other group consists of extra-parliamentarian oppositions groups which are characterised as more
radical groups. The most dominant group is the New Armenia Party
65
. According to the Helsinki Committee,
the leaders of this party do not believe in political change with (traditional) democratic means, thus calling
for a revolution to overthrow the present political regime. The party is quite successful in PR on social
media, but the number of supporters has decreased from 2,000-3,000 to 200-300.
66
61
Helsinki Committee; Civil Society Institute; International Organisation (1); Representatives of an embassy in Yerevan;
Helsinki Association
62
Helsinki Committee; Civil Society Institute; Western Embassy (1); Representatives of an embassy in Yerevan
63
Helsinki Committee; Civil Society Institute
64
Civil Society Institute; International Organisation (1) in Yerevan; Western Embassy (1) in Yerevan
65
The New Armenia Party is also intertwined with the party called Parliamentary Foundation.
66
Civil Society Institute; Helsinki Committee
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Armenia: State actors, political situation vulnerable groups and citizenship
2.1.2. Activists
2.1.2.1. Civil Society Activists
According to some sources, many people do not see any prospects in the political parties, as they do not
believe that they can change anything. It is considered
diffi ult to ake o e s oi e hea d, hi h is the
reason, why people protest in the streets.
67
Other sources stated that Armenia has a vibrant and active civil society. The sources highlighted recent
major demonstrations such as the demonstrations against demolition of a historic building in Mashtots
Park in 2012; demonstrations against increased prices on public transport in 2013; demonstrations against
a pe sio efo i
; a d Ele t i Ye e a i
, he e de o st ato s p otested agai st hikes
in
electricity prices which was considered caused by mismanagement by a state-owned (Russian dominated)
electricity company.
68
(See also 2.2)
On the one side, these demonstrations have shown that civil society activists can have an impact, when
they focus on specific topics such as devastation of green areas, historic buildings or consumer prices. If the
topic is right, it seems that it is possible to mobilise people in the streets. For some this is a sign that
people, and not just the youth, is ready for changes.
69
O the othe side, the la k of de o ati he ues-and- ala es eates a deep ist ust et ee the
government and the civil society. When the government proposes new initiatives, people ask themselves,
who is benefiting from the proposals; the society or people who hold the power.
70
2.1.2.2. NGOs
Several sources stated that the general conditions for NGOs in Armenia are satisfactory. There are many
NGOs registered, and they cover many topics from politics and human rights to environmental questions
and refugees.
71
Some sources noted that there have been some discussions surrounding a new law on
NGOs originating from the general mistrust in the political system.
72
However, the Civil Society Institute
stated that the proposed law would make the working conditions for NGOs better, because NGOs would be
allowed to have commercial activities, thus minimising the dependence on external donors in financing the
activities.
73
Civil Society Institute further noted that the legislation works well; NGOs can easily register and
operate.
74
67
68
Civil Society Institute; Western Embassy (2)
Anonymous source located in Yerevan; Western Embassy (1); Western Embassy (2)
69
Civil Society Institute; Helsinki Committee
70
Representatives of an Embassy in Yerevan
71
Anonymous source; Civil Society Institute; Helsinki Committee of Armenia; Representative of an International Organisation
(2); Western Embassy (1)
72
Anonymous source; Civil Society Institute
73
Civil Society Institute
74
Ibid.
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Armenia: State actors, political situation vulnerable groups and citizenship
According to some sources, the NGOs have an impact on the political agenda, when they focus on specific
topics and are able to put pressure on the government. The greatest effect come when the NGOs unite
with the civil society activists as was shown in the demonstrations mentioned above.
75
According to one source, the government is aware that it needs the NGOs. Firstly, international funding
programmes,
fo i sta e the Eu opea U io s udget-support
programmes for the Armenian
government, set conditions for the participation of the civil society sector. Thus the external pressure has
an influence on the attitude of the government to the NGOs. Secondly, many NGOs play a vital role in the
society by organising aid and support to poor and vulnerable people. As an example, the topic of Nagorno-
Karabakh can unite many groups in the society that normally disagree. Many NGOs are also focusing on
assisting the displaced from Nagorno-Karabakh to settle in Armenia.
76
Other sources, however, stated that (independent) NGOs do not have a strong voice in Armenia. The
government has formal consultations with some NGOs, but a constructive dialogue is not taking place. The
NGOs are not seen as a constructive partner by the government, but as an obstacle which only criticise the
government and do not contribute to a dialogue.
77
However, there are many government-supported or government-created NGOs called GONGOs
–
Governmental NGOs that counterbalance the independent NGOs, and with which the government has
some platforms of dialogue.
78
2.1.3. Under which conditions does the opposition work?
Several sources stated that the general conditions for the opposition are fine and that neither the
opposition nor the civil society faces persecution from the authorities because of their activities. But the
sources noted that there have been incidents in which more radical opposition figures have been
arrested.
79
According to the Helsinki Committee, NGOs and the civil society are neither at risk of persecution nor
serious harassment. The present Armenian regime is not totalitarian and the opposition and the civil
society can operate freely.
Two sources indicated that the reactio
of the autho ities ould e u p edi ta le, if the uli g elite s
position is threatened. If parties or organisations gain strong popular support, there is a fear that the
authorities would resort to persecution. This was, for instance, shown in 2015, when the opposition leader
and businessman, Gagig Tsarukyan, disagreed with the RA President concerning the reform of the
constitution. The president directed an attack against Tsarukyan that included a threat of prosecution of tax
evasions and other crimes, resulting in a destruction of the opposition party Prosperous Armenia.
80
75
76
Helsinki Committee; Representative of an International Organisation (2)
Civil Society Institute; Representative of an International Organisation (2)
77
International Organisation (3) in Yerevan; International Organisation (1) in Yerevan
78
International Organisation (1) in Yerevan
79
Civil Society Institute; Helsinki Committee; Representative of an International Organisation (2); Western Embassy (2) in
Yerevan
80
Civil Society Institute; Helsinki Committee
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Armenia: State actors, political situation vulnerable groups and citizenship
Civil Society Institute mentioned that the behaviour of the police is unpredictable. In some cases violence
can be used in demonstrations, and torture or ill-treatment can be applied against detainees. In other cases
demonstrations are conducted peacefully, and detainees are not being subject to ill-treatment. However,
according to the source, torture or other kind of ill-treatment would not be used by the police against
political or prominent persons.
Several sources pointed to the examples of the political activist, Gevorg Safaryan, from the political
movement New Armenia, and Vardges Gaspari,
he it o es to the autho ities use of A ti le
i the
Criminal Code, who according to several of the sources was penalised disproportionately because of his
political activities.
81 82
Some sources noted that anyone could arbitrarily be subject to persecution.
83
According to Civil Society
Institute, it depends on numerous factors such as whether the person is able to inspire others to join
protests, the cause of the protests (especially anti-Russian protests trigger the authorities); the behaviour
of the activist, the mood and temper of the police officer, and whether or not there is a specific instruction
of the superior authorities. According to the Helsinki Association, political activists, human rights defenders,
and journalists are somehow permanently targeted by the authorities, especially when they criticise the
authorities and the ruling elite.
A o di g to the A e ia La e s Asso iatio ALA , politi al a ti ists a e a ested, ut the a e ui kl
released after interrogation. In some cases the arrested can be subjected to administrative liabilities. Some
activists claim that they were subjected to violence by the police after arrest, but in some cases the
evidence has shown that the police did not use violence, according to the source. The authorities are in
general careful in their behaviour with political activists, because journalists, NGOs and other activists are
quickly able to draw attention to the conduct of the police.
A o di g to the P ose uto Ge e al s Offi e, a ti ists ofte lai that the e e a ested o i estigated
only because of their participation in a demonstration and that they subsequently are persecuted for the
political activities.
The P ose uto Ge e al s Offi e de ied that it as possi le to p ose ute a pe so fo
being part of a demonstration.
Criminal Code of the Republic of Armenia, chapter 30, Crimes against Procedure of Governance, article 316, Violence
against a representative of authorities, adopted 18 April 2003,
Article 316. Violence against a representative of
authorities:
1. Violence or threat of violence, not dangerous for life or health, against a representative of authorities or close
relatives, concerned with performance of his official duties, as well as hindrance to the representative of authorities in the
execution of duties under law, is punished with a fine in the amount of 300 to 500 minimal salaries, or with imprisonment for
the term of up to 5 years; 2. Resistance to the representative of the authorities while in the line of duty or forcing him to
perform obviously illegal actions, committed with violence or threat thereof, is punished with a fine in the amount of 300-500
minimal salaries, or arrest for up to 2 months, or imprisonment for up to 1 year; 3. Violence against the persons mentioned
in part 1 or 2 of this Article, which is dangerous for life or health, is punished with imprisonment for the term of 5 to 10 years.
4. In this Code, by a representative of authorities we mean, the official of state and self-government bodies who is vested
with the power to command to persons who are not under his subordination.
http://www.parliament.am/legislation.php?sel=show&ID=1349&lang=eng#11
82
Civil Society Institute; Anonymous source, located in Yerevan; International Organisation (1) in Yerevan; Western Embassy
(2) in Yerevan; Helsinki Association
83
Civil Society Institute; Helsinki Association; International Organisation (1) in Yerevan
81
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Armenia: State actors, political situation vulnerable groups and citizenship
2.2 Freedom of Assembly
Most sources agreed that people in Armenia are enjoying the right to free assembly
84
and that there are no
major obstacles for people to demonstrate, regardless of the topic.
Three sources elaborated that although there is freedom of assembly in Armenia, there are some
limitations.
85
Two of the sources explained that according to the law, when a small group of people gathers,
there is no need to apply for permission from the municipality. However, in practice, the government is
sensitive about a couple of issues concerning the organisation of demonstrations. The authorities do not
tole ate de o st atio s i the i i it of the p eside t s offi e o eside e. Fu the , the poli e ofte
overreact, in the sense that the number of police officers often is double or three times higher than the
number of demonstrators.
86
The Helsinki Committee added that if a demonstration is conducted without
permit, or if the demonstrators block the roads, the demonstration will be dissolved by the police. The
Helsinki Committee emphasised that it is possible to assemble and demand various changes, and generally
the police will not interfere.
Three sources mentioned that there have been cases, when the municipality in Yerevan did not allow the
pa t Ne A e ia to de o st ate.
87
Civil Society Institute referred to an example, where the party had
tried to take advantage of a visit from a foreign head of state in April 2015. The demonstration was not
approved, and was dispersed by the police by violence. Some participants were arrested for a short time
and then released, but according to Civil Society Institute, it is usually not a problem to be allowed to
demonstrate.
Two of the sources
88
also referred to the demonstration arranged by New Armenia around New Year
2015/16 in Yerevan, in which the authorities used violence against civil society activists.
89
When asked if
there were any groups or subjects that may not receive a permission to demonstrate, a representative of
an International organisation (2) replied that members of the LGBT community and demonstrations
regarding LGBT rights would probably not be allowed. The authorities accept NGOs working with LGBT
rights, but in the public sphere the acceptance and tolerance towards members of the LGBT community are
low. This statement was confirmed by representati
es of the Wo e s Resou e Ce t e, A e ia WRCA
who explained that generally it is accepted to arrange protest marches, but when a march was arranged on
8 March [International
Wo e s Da ], people a i g a poste ith the ai o flag,
came under attack
from right-wing groups.
The Helsinki Committee elaborated that if the government starts fearing a strong opposition that
endangers the present regime and its privileges, persecution and restrictions will eventually happen. The
Anonymous source located in Yerevan; Representatives of an embassy in Yerevan; An International Organisation (1);
Representative
of a I te atio al O ga isatio
; Wo e s Resou e Ce t e, A e ia; Helsi ki Asso iatio ; Helsi ki
Committee;
85
An International Organisation (1); Helsinki Committee; Civil Society Institute
86
International Organisation (1); CSI
87
CSI; Western embassy (2); a representative of an International organisation (2);
88
The representative of an International organisation (2); Western embassy (2)
89
See also para 2.1.3
84
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Armenia: State actors, political situation vulnerable groups and citizenship
source added that the police, in practice, are free to use excessive force to disperse demonstrations, when
they see the need, without legal repercussions, because no police officer will be punished.
Ele tri Yere a
Several sources
90
efe ed to the Ele t i Ye e a de o strations
in the summer of 2015, when people
demonstrated against a proposed hike in electricity prices.
91
On 23 July the Police dispersed the
demonstration by use of water cannons and violence after one week of good crowd-management,
according to one source. According to a Western embassy (1), the reaction of the Armenian authorities was
unusual and the authorities overreacted, when the demonstration went outside areas, where the
permission to demonstrate was given and people started walking towards the Presidential Palace.
According to Civil Society Institute, activists were systematically detained for a longer period of time in
administrative detentions. Violations of the three hours maximum time for administrative arrests have
been appealed in courts and in some cases the administrative court adjudicated in favour of the protesters.
But the source highlighted that the conduct of the police was not to be compared with countries, such as
Russia and Belarus.
The Helsinki Association noted that it was striking that there were only one day with clashes between
demonstrators and the police. The calmness of the following weeks was surprising when taking into
account that the demonstrators blocked one of the main streets in Yerevan for three weeks. According to
the source, the police received instructions from highest echelon of the political structures. The source
assu ed that Ele t i Ye e a
as ot a o al de o st atio , e ause it as ot o ga ised
spontaneously by youth activists and attempts to promote a political agenda were refused by the
organisers.
The P ose uto Ge e al s Offi e stated that fo
da s de o st ato s lo ked e t al Ye e a , lo ked the
st eet housi g the P eside t s offi e, the Co stitutio al Cou t, the Pa lia e t –
all the important
governmental institutions. For that reason the police was compelled to use force
–
water cannons etc.
–
to
disperse the demonstration and reopen the street. In that context a lot of people were arrested, but no one
90
International organisation (1); Representative of an International organisation (2); Western embassy (1); Western embassy
(2); CSI; Helsinki Association;
91
On June 19, public protests and sit-ins sprung up in Yerevan and elsewhere over a proposed increase in electricity rates.
On June 22, police in Yerevan blocked a protest march towards the Presidency, resulting in a sit-in at a major intersection.
Police and demonstrators engaged in peaceful negotiations until early on June 23, when police dispersed the crowd,
including by use of water cannon at close range. Videos showed police charging after, beating, and detaining demonstrators
who were blocks away from the sit-in. Videos also suggested that a group of 40-50 plainclothes police, some wearing
Poli e a
a ds, led the the deput head
of Yerevan Police, also out of uniform, were responsible for most of the
abuses. Many participants were hospitalised. Police detained 237 participants (including women, minors, journalists, and
human rights monitors and defenders), mostly in Yerevan, and approximately a dozen in Gyumri, all accused of
hooliga is . A o di g to edia epo ts, the deput hief of the atio al poli e, Le o Ye a os a , allegedl i st u ted
officers to target journalists and destroy their equipment. Police held some demonstrators for up to 12 hours without
clarifying their status, allowing them access to lawyers, or providing medical assistance. Human rights observers accused
police of using excessive force to break up the demonstration and of illegally dispersing protesters while not in uniform.
USDOS - US Department of State:
Country Report on Human Rights Practices 2015 - Armenia,
13 April 2016,
http://www.ecoi.net/local_link/322512/448287_en.html
(accessed 29 June 2016)
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was charged. The people returned to the street and the police then decided to let them continue with the
demonstration.
See 2.3.2 regarding treatment of journalists during the demonstrations.
2.3 Freedom of Speech
The overall picture of the situation in Armenia is that freedom of speech exists to the extent that everyone
can freely express his or her opinion in the public or online. People are able to speak freely, and many are
active on Facebook, where critical opinions are aired. In general, the re are no obstacles to freedom of
speech.
92
As an example, one of the sources referred to an ongoing political cabaret in Yerevan which is
mocking the government and the politicians without any problems. However, there are certain sensitive
issues which cannot be debated openly, and where some degree of self-censorship is imposed. Self-
censorship is more related to public opinions than fear of persecution by the authorities.
93
The sensitive topics which may not be discussed are: the Nagorno-Karabakh conflict; the relations with
Turkey and LGBT-issues.
94
2.3.1 Independent media
Several sources pointed at the internet as the only truly free media in Armenia.
95
Some media are under influence of financial and political interests, as television and printed media are
often owned by people close to the government. Business interests are strong in the advertising sector.
96
According to the Committee to Protect Freedom of Expression (CPFE) which is working with assessing the
situation of freedom of speech and the rights of mass media in Armenia, the overall assessment is that the
o ditio s fo the edia a e ot e f ee . A efe e e to the assess e t F eedo House as ade
in which the media in Armenia are assessed as non-free to semi-free.
97
According to Transparency
International the freedom of expression of the media is being influenced by political and economic
interests, as the overwhelming majority of news media are private entities.
TV
Several sources noted that the television media is to some extent under the influence of - or directly owned
by
–
political parties and the oligarchs.
98
Three sources underlined that TV is the primary source of information for the majority of the population in
Armenia. The sources referred to the fact that one third of the population is poor, and TV channels are free
HETQ; A Representative of an International Organisation (2) in Yerevan; Western Embassy (2); International organisation
(1); International organisation (3); Representatives of an Embassy in Yerevan; CPFE
93
Western Embassy (2)
94
Western Embassy (2); International organisation (1); Representatives of an Embassy in Yerevan
95
International Organisation (1); Representative of an International Organisation (2); Western Embassy (1); Western
Embassy (2); Representatives of an Embassy in Yerevan; CPFE; Civil Society Institute; HETQ
96
International Organisation (1); Representative of an International Organisation (2); HETQ
97
The Freedom House evaluation includes an evaluation of the legislation, economy and political pressure and influence
98
CPFE; Representative of an International Organisation (2); Representatives of an Embassy in Yerevan; Western Embassy
(2); Civil Society Institute;
92
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Armenia: State actors, political situation vulnerable groups and citizenship
of charge.
99
According to CPFE, the government will continue to have focus on the impact of this media, in
order to protect its privileged status.
Some sources explained that the political opposition and the civil society have limited access to TV and
have difficulties in getting airtime.
100
It was added that some people will never be invited to the TV-
stations, apparently because their opinion is not in line with the official policies, and it is difficult to get a
message through that is not in accordance
ith the go e
e t s ie s.
101
CPFE explained that censorship is forbidden according to the law, but a concealed or shadow censorship
can be observed by journalists. TV is acting in a non-free manner in fear of the consequences. The situation
was aggravated in 2002, when a critical TV-channel, A 1+, was deprived of its license. The TV channel gave
its bid in a tender, which was biased according to political instructions. The license was revoked in order to
p o ote the go e
e tso
ha el. The A + ha
nel has applied for a license more than 12 times
since then, but none of these attempts have been successful, and competitors with much less experience
have won instead.
The Helsinki Committee elaborated that the licenses of TV-stations are determined in the National
Commission on TV and Radio of Armenia. According to the law, political parties cannot own TV-stations, but
it is common knowledge in the Armenian society that the main TV-stations are affiliated with political
parties. Diverse TV-stations such as the A1+ have been and still are discriminated when trying to receive
nationwide broadcasting rights. Furthermore the same Commission, which decides broadcasting rights, in
practice controls the TV-stations.
HETQ stated that, in general, the issue of the real ownership of media companies is not transparent. The
majority of the TV-stations are under control of family, friends and relatives of the RA President or oligarchs
connected with the ruling party
–
The Republican Party. On paper it seems to be a normal ownership, but in
practice the ruling elite and the presidential family are hiding their ownership behind different names.
In 2012 a new situation occurred when some of the political parties withdrew from the government
coalition. According to CPFE, elites from these parties owned TV stations, which remained in operation.
The four major TV-channels are politically represented as follows: TV Ararat
–
Republican Party; Yerkir
Media
–
Armenia Revolutionary Federation; H3 - Renaissance Armenia/Rule of Law Party and TV Kentron
–
Prosperous Armenia. All other channels are basically loyal to the government.
102
CPFE underlined that
privately owned TV channels are not less pro-government, and in spite of multi-party TV channels, all
channels praise the government. Non-government TV channels know that if they should exceed the
permitted dose of criticism, they may be subject to the same fate as the A1+ channel.
HETQ similarly noted that there are limits on how much TV channels owned by the opposition can criticise
the government and the president merely, because the criticism may affect their possibility to broadcast. In
general TV-stations can be critical to the power circles of the government and the ruling party. But they
99
Civil Society Institute; CPFE; Helsinki Committee
Western Embassy (2); Helsinki Committee; WRCA
101
Helsinki Committee; WRCA
102
CPFE; Civil Society Institute
100
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Armenia: State actors, political situation vulnerable groups and citizenship
exert immense self-censorship when it comes to criticism of the RA President. In addition, advertising and
commercial companies
–
a lucrative source of income
–
is under the control of the ruling elite, and contents
of advertisements often reflect the views of the owners.
Print media
Several sources underlined that the circulation of newspapers in Armenia is limited and dependent on
commercial advertising.
103
HETQ elaborated that the organisation has evidence that some printed media belong to members of
political parties. The newspapers have almost no commercials and a small number of subscribers, which
would normally not be enough to sustain the editing, but the papers still exist and express pro-government
point of views. CPFE added that the most popular newspapers are printed in 3,-4,000 copies and have only
a small impact. Generally, few people buy local newspapers. According to CPFE, print media is in the worst
condition as regards dependence. The papers are distinctly segregated and serve the interests of either the
ruling power or the sponsors, not the general public. Almost all newspapers created their own online-
version, but most of the newspapers have not been very successful in attracting readers online.
The Helsinki Committee stated that even though the law states that political parties cannot give money to
or own newspapers, many newspapers are tainted, and under the influence of political and commercial
interests. The Helsinki Committee mentioned that some oligarchs deliberately give money to newspapers in
order not to be mentioned in a negative article. Similarly, Transparency International stated that in the case
of printed media, the advertising market and other financing opportunities are weak, and these media may
have let persons pay for articles or pay for not publishing articles.
Social Media
Several sources underlined that the social media are very active and very vibrant in Armenia and not
necessarily in line with the government. The authorities do not block or censor the content of the online
media.
104
According CPFE, there are around 400,000 active Facebook users who include the active and
educated part of the population. Every fifth to sixth person in Armenia is a Facebook user.
According to representatives of an Embassy in Yerevan, the social media are more important than other
media for the political debate in the society. There is no censorship online, as the government feels secure
in their power and does not worry about discussions in cyberspace. On the other hand, the discussions do
not influence the government, and people see no possibility for the opposition to affect the government.
However, according to HETQ, there is clear evidence that the ruling elite is struggling to control the public
debate, as the government is trying to manipulate the public opinion by investing huge amounts of money
in websites that participates in the public debate. CPFE elaborated that the political powers in Armenia are
using the social media as a tool to influence public opinion, and the intensity rises in connection with
elections. Personal assistants of politicians are posting information online every day. CPFE further
explained that although the social media in Armenia are free, and there is no censorship online, the
103
104
CPFE; HETQ; Helsinki Committee; Representatives of an Embassy in Yerevan
Western Embassy (1); Western Embassy (2); Civil Society Institute; A Representative of an International Organisation (2)
in Yerevan; Representatives of an Embassy in Yerevan; HETQ; CPFE
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authorities will be able to manipulate information in their own way, including paying people to influence
the general public. The opposition is also doing its own PR. The source concluded that on the one side there
is no online censorship, but on the other side the openness also means that some information placed
online is not trustworthy.
Civil Society Institute mentioned that there are also online broadcasting of foreign media as for instance
Radio Free Europe/Radio Liberty and Armenian broadcasting by companies which have not been able to
obtain a license in Armenia, as for instance A1+.
2.3.2 Situation for journalists
According to several sources
105
journalists are not in general a vulnerable group. Mostly they are able to do
their work without being hampered or otherwise targeted by the authorities. Depending on the situation,
some critical journalists have experienced direct targeting in order to prevent them from publishing a
critical story.
106
However, ill-treatment of journalists by the authorities does not happen routinely.
107
A representative from an international organisation mentioned that it is noticeable that violence against
journalists becomes prevalent just before, during and after election campaigns. During elections journalists
have been obstructed in their work, and equipment, incl. cameras or recordings, have been destroyed.
Threats to terminate their opportunity to broadcast have also been given. Two sources
108
mentioned that
journalists during the referendum for the Constitutional Reform in December 2015 were complaining about
the authorities hampering their work.
Several sources
109
pointed at the violent targeting of journalists on 23 June 2015, when the police dispersed
the Ele t i Ye e a de o st atio s. Jou alists e e eate
the poli e a d e o di gs of poli e
110
violence were deliberately deleted. Two sources explained that journalists and camera men were hunted
down and received clear instructions on not to spread information on the event. Some of the journalists
were detained, even though they clearly stated that they were media workers and showed their press
cards. There was plenty of evidence available on the social media, showing how the police were beating up
journalists and demolishing their equipment. The case of 13 journalists and cameramen, who became
victims of brutal physical violence, has been reported to the Special Investigative Service in the police, but
after nine months the case is still pending. The Chairman of CPFE stated that he would not be surprised, if
the case is closed without further investigation. According to CPFE, it was clear that the reaction of the
police on 23 June 2015 was in accordance with instructions from higher officials. CPFE further emphasised
that the brutal battery and serious physical violence used against journalists on 23 June 2015, as well as the
clear instructions to prevent the spread of information, was unprecedented in Armenia.
The P ose uto Ge e al s Offi e stated that the poli e o du t to a ds jou alists du i g the
demonstration, including confiscating equipment, deleting memory cards etc. only happened during the
105
106
Helsinki Committee; Anonymous source located in Yerevan; representative of an international organisation (2); HETQ
Helsinki Committee; CPFE
107
CPFE
108
CPFE; Anonymous source located in Yerevan
109
CPFE; HCA; Anonymous source located in Yerevan; ; HETQ
110
CPFE; HETQ
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Armenia: State actors, political situation vulnerable groups and citizenship
first day. There were 20 registered journalists claiming their work had been hindered by the police. All the
equipment has been compensated and the responsible police officers have either been brought on
disciplinary sanctions or are undergoing criminal investigation.
HETQ mentioned that as a general rule, the authorities do not prosecute cases of violence or cases related
to the ha pe i g of jou alists o k, as the lai it does ot ha e the o positio of a i e. The e
have
been some cases of assaults of journalists, but the cases never reached the court. When journalists
complain to the police, the result is most often that nothing happens. Only in very few obvious cases, it
may result in an in-house investigation, and the police will use internal disciplinary measures against certain
officials, i.e. degradation. If a case comes to court the case is also often rejected by the judges. There are
some lawyers who are recording cases against journalists and who submit the cases before the ECHR with a
claim that these cases are not investigated and intentionally closed. HETQ referred to the case of the
journalist Ani Gevorgyan
111
, who in two incidents during 2014 was obstructed and violently targeted by the
police while covering news events. Her case was dismissed by the Armenian courts, but the European Court
of Human Rights accepted her case in December 2015.
According to an international organisation (1) journalists are often ignored, if they try to complain through
the legal system. The judiciary is not independent, and if a judge decides against the ruling elite, it could
have severe career consequences. According to CPFE there have also been cases where journalists have
been met with counter-filing of cases and accusatio
s of defa atio afte the ou t s dis issal of the
jou alists i itial o plai ts.
Self-censorship among journalists
Several sources mentioned that self-censorship is prevalent among journalists.
112
CPFE elaborated that
jou alists a e o pelled to o pl ith the ules of the ga e , as edia a e di ided diffe e t politi al
po e s a d usi ess i te ests. Jou alists a e thus o ki g fo usi ess i te ests athe tha people s
interest or their own interest. HETQ added that often it is taboo for a journalist to criticise the owners of
his/her workplace.
Some sources pointed at sexual minority groups (LGBT) as a topic where journalists and society in general
exercise self-censorship.
113
CPFE elaborated that this topic is sensitive to the general public, and journalists
may face problems, if they try to protect this group. However, HETQ referred to the social media which are
not reflecting this situation. The LGBT-community has their own websites, often driven by NGOs that
represent their position.
The same source mentioned that the role of the Armenian Apostolic Church and the army, were sensitive
issues years ago, but now it is more open, and there have been reports on child molestation among the
Jou alist A i Ge o g a s o plai ts o e i g e essi e use of fo e poli e, o st u tio of he o k a d la k of
redress for her complaints was rejected by the Court of Cassation. After the exhaustion of all attempts to obtain a remedy
through the Armenian justice system, on 3 December 2015 her case was referred by her lawyers to the European Court of
Human Rights, Council of Europe,
La k of Effe ti e I estigatio i to Poli e Viole e a d O stru tio of jour alists Work,
All
Media Freedom Alerts, Update 29 February 2016,
http://www.coe.int/en/web/media-freedom/all-alerts
112
CPFE; Helsinki Committee; HETQ;
113
CPFE; Helsinki Committee; HETQ
111
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Armenia: State actors, political situation vulnerable groups and citizenship
clergy. With the spread of the internet such information cannot be hidden, as it will always appear
somewhere on the net.
114
Other sources found that the most sensitive topic for journalists to cover is corruption scandals involving
high ranking officials.
115
However, journalists nevertheless write about these topics extensively. One of the
sources further emphasised that the Mass Media Law provides good protection of confidential sources of
information.
116
A representative of an international organisation (2) mentioned that there are a few investigating
journalists in Armenia working for HETQ. HETQ has been very vocal and very critical in reporting on
violations by high ranking officials, but this has not had any consequences for the media or for the
journalists. Another source mentioned that there is no tradition for an investigative and critical journalism
in Armenia and the journalists more often struggle with the fact that no one cares, when they write critical
articles.
117
This was confirmed by the representative from HETQ, who stated that critical, investigative
journalists want to see some kind of feedback to their articles, but instead they are met with indifference
and silence. As an example, she referred to the present reporting on the Nagorno-Karabakh situation and
how the Ministry of Foreign Affairs is dealing with it.
114
115
HETQ
Anonymous source located in Yerevan; CPFE
116
Anonymous source located in Yerevan
117
Western Embassy (1)
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Armenia: State actors, political situation vulnerable groups and citizenship
3. Vulnerable groups in Armenia
Some sources considered that women in general are a vulnerable group.
118
A representative of an
international organisation (2) mentioned that a couple of years ago (2013) NGOs working with gender
equality, LGBT and domestic violence received threats and were targets of hate speech.
Wo e s
Resource Centre, Armenia (WRCA) further explained that the majority of people in Armenia are generally
copying Russia
alues. I the apital a d egio s, o e a ti ists a e o side ed e e ies of the atio
who will destroy the family. It is also believed that women organisations are promoting homosexuality and
want to change the sexual orientation of young girls.
WRCA explained that a Russian-inspired pro-family campaign was launched in Armenia in 2013, when the
negotiations of a possible Association Agreement with the EU were ongoing. As in many neighbouring
countries, a Parent Committee was formed, and the Committee was responsible for an online campaign
targeting the gender debate against equal rights and LGBT rights. Hate speeches were spread on the social
media against women activists dealing with domestic violence. Also some women activists from the WRCA
were at that time targeted with hate speech and threats by right-wing nationalistic groups, who threatened
to blow up the centre.
3.1 LGBT
Many sources emphasised that people belonging to the LGBT community constitute one of the most
vulnerable groups in Armenia.
119
PINK
120
which is a NGO working with empowerment of the LGBT community in Armenia, emphasised that
homosexuality is not forbidden in Armenia, but there is no law to protect LGBT persons, if they are
attacked. The absence of anti-discrimination legislation and any general policy to combat discrimination
foster an improper investigation in crimes against LGBT people. Other sources also pointed at the lack of a
law on discrimination in Armenia to protect sexual minority groups. The sources mentioned that formally,
steps have been taken to fulfil this requirement, but so far it has faced difficulties. The international
community has promoted drafting, consultations and adoption of such law.
121
One source elaborated that
the LGBT community is especially vulnerable to hate speech in the media. There are NGOs and activists that
try to follow up on such cases in the court system, but hate speech is not included in the Criminal Code.
122
PINK further emphasised that there is no public support for LGBT groups in Armenia. At hearings in the
National Assembly on issues related to LGBT, Armenian politicians will deliver homophobic speeches. There
is no political will to change the situation. During the 2015 changes to the RA Constitution, same-sex
marriages were banned in the new Constitution. Previously, there had been no mentioning of same-sex
marriages in the RA Constitution.
118
119
Helsinki Association; WRCA; Armenian Lawyers Association
An anonymous source located in Yerevan; Representatives of an Embassy in Yerevan; Western Embassy (1); Helsinki
Committee; Helsinki Association; WRC; Western Embassy (2); PINK
120
PINK
–
Public Information and Need of Knowledge
121
An International Organisation (1); a Western Embassy (2)
122
An anonymous source located in Yerevan
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Armenia: State actors, political situation vulnerable groups and citizenship
Representatives of two embassies in Yerevan confirmed that there is hardly any public discussion about the
situation for LGBT persons in Armenia.
123
One of the representatives noted that the situation for the LGBT
community can be compared to the situation for this group in Russia. However, there is not as much hate
speech and violence against this group in Armenia compared to Russia.
124
According to some sources the
problem for sexual minorities in Armenia is that the society is dominated by the Armenian Apostolic Church
which, in accordance with the majority of the society, promotes traditional, conservative views on
especially family values. In theory, there is no law that directly bans homosexual behaviour, but the general
hostility in the society towards LGBT creates a lot of problems for the community.
125
If LGBT persons are open about their sexuality they will be under constant threats and subject to violence,
according to several sources.
126
Open LGBT persons are subjected to discrimination in workplaces often
leading to dismissals. CSI added that the LGBT community experience severe restrictions in almost every
aspect of their lives, including access to higher education, employment, political and social life. The
discrimination is not open, the employers, schools and universities use various convenient excuses to
exclude unwanted employees and students. PINK stated that LGBT persons can only have a life in Armenia
if they are not open about their sexuality. For that reason, many gay people marry into heterosexual
marriages in order to avoid being targeted. Socially, lesbians are more accepted than gays and the attitude
towards lesbians are less hard than towards gays. The most vulnerable group is the transgender group.
Crossdressers are seen as being gay and hence targeted.
Several sources referred to an attack on a pub (DIY bar in Yerevan)
127
owned by a homosexual person which
was set on fire in May 2012.
128
The bar was known as a gathering place for the LGBT community. The case
has gone through all court instances in Armenia and has not been defined as a hate crime. PINK has
forwarded the case to the ECHR in 2015, and the case has been accepted but is not yet communicated.
Some sources also referred to a Diversity March held in Yerevan in 2012 which was met by a group of
young ultra-nationalists which led to confrontations.
129
PINK elaborated that around 2012 there was a
pattern of hate crimes against LGBT persons in Armenia, organised by ultra-nationalists groups. The
Di e sit a h i Ma
as i te p eted as a ga pa ade hi h aused e p essio s of agg essio
on homophobic basis. After 2012, PINK Armenia has strengthened its security measures.
Two sources mentioned that ultra-nationalists are on the rise in Armenia, and especially in spring 2016 with
the crisis in Nagorno-Karabakh the expectations are that nationalistic rhetoric will increase and have a
negative impact among others on the LGBT community.
130
Recently, in March 2016, - two staff members of
PINK a d th ee othe LGBT pe so s e e atta ked i the st eet lose to PINK s offi e. The ase as
reported to the police and is still pending. The anticipation is that the police will not investigate the case,
123
124
Representatives of an Embassy in Yerevan; Western Embassy (1)
Representatives of an Embassy in Yerevan;
125
Helsinki Committee; Helsinki Association; Civil Society Institute; PINK
126
Helsinki Committee; Helsinki Association; CSI; PINK
127
See also: Institute of War and Peace Reporting,
Gay Rights under Attack in Armenia,
25.05 2012, https://iwpr.net/global-
voices/gay-rights-under-attack-armenia
128
Helsinki Committee; Helsinki Association; PINK
129
Civil Society Institute; PINK
130
Civil Society Institute; PINK
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and most likely the case will close without further investigation.
131
PINK also mentioned that although the
address of the office is not generally known - only to people in the LGBT community
–
homophobic groups
approach the office with threats or harassment. Neighbours to the office are also being approached in
order to encourage them to complain about the existence of the office.
Protection from state actors or others
The representatives of PINK were not confident, whether the police would provide protection if the
o ga isatio alled fo assista e. O o e ha d, the poli e did p o ide suppo t du i g the Di e sit Ma h
in May 2012, but on the other hand, the police generally treat LGBT persons badly, if they come to report
an incident. Some LGBT persons are reporting cases, but most people do not. Some people have been
mocked by the police and treated badly. In addition, the person in question may not be certain, whether
the police will not reveal information about the case to his/her family. As an example, PINK referred to a
case in 2014, where a transgender person was attacked and beaten by five people in Sakharov Square. The
person said she called the police, but the police stated that she was a prostitute and was subsequently
fined for that reason. The actual report on physical abuse was never investigated. Even though the LGBT
minority group generally is not a target of the Armenian Police, the victims have no possibility to seek
protection with the police or in the legal system, because these systems fear the public opinion, if they help
this minority group, according to some sources.
132
According to PINK there are no shelters for LGBT persons who need protection. The attitude of many
families is not supportive, and LGBT persons may risk retaliation from their own families. People in Armenia
are in general connected to their family for financial reasons. However, the LGBT community sticks
together and there are host some families who can provide shelter, if needed.
The Ombudsman stated that sexual minorities are a vulnerable group. The Ombudsman has had very few
cases relating to a sexual minority, but usually these minorities live hidden in communities and without
disclosing their sexual identity. The complaints from these groups are most often presented through NGOs
and concern discrimination in the educational sector, at workplaces and ill-treatment from healthcare
personnel and in law enforcement bodies.
In general, cases concerning LGBT persons do not go to court. LGBT persons do not want to promote cases,
as they do not want to be disclosed. Anytime a case becomes public, there is a risk of retaliation from ultra-
nationalists groups. PINK found that there is no support from the Ombudsman, as he has no power to deal
with this issue. However, last year (2015) PINK forwarded three cases to the European Court of Human
Rights (ECHR). Two of the cases are related to the firebombing of the DIY bar in Yerevan on May 8, 2012
(ref. above) concerning anti-LGBT writings and hate speech from politicians and public figures. The third
case is related to an Armenian newspaper, affiliated with the Republican Party, which published
ho opho i a ti les de la i g LGBT pe so s E e ies of the State a d a i g of LGBT-activists
on a
black list.
133
131
132
PINK; WRCA
Helsinki Committee; Helsinki Association
133
In an interview on 18 May 2012, deputy speaker of the National Assembly Eduard Sharmazanov was quoted in relation to
the i ide t:
As an Armenian citizen and member of a national-conservative party, I find the rebellion of the two young
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Armenia: State actors, political situation vulnerable groups and citizenship
Some sources noted that the situation for the LGBT community is improving, yet slowly and without
support from the authorities. Now there are registered NGOs working on defending sexual minority rights,
and in the social media there are discussions on LGBT issues.
134
PINK elaborated that the organisation has
no direct communication with politicians in Armenia on LGBT issues, as the topic is taboo. The organisation
relies on international support. However, PINK found that there is hope for the younger generation, and
that there may be a change in the attitude towards LGBT in future. Compared to five years ago the
situation is improving, and LGBT issues are now more visible. LGBT groups receive some support from
street activists and solidarity from feminists groups. Asked about the limits of LGBT activities in Armenia,
PINK answered that a Pride Parade could definitely not take place in Armenia as it would be far too risky for
the participants.
3.2 Victims of Domestic Violence
According to several sources domestic violence is widespread in Armenia, especially in the rural areas. The
sources pointed out that Armenia is a conservative country with a strong patriarchal society and not very
sensitive to the issue of violence against women.
135
An international organisation (1) explained that it is
difficult to report domestic violence. Even though the authorities state that there are female police officers,
these have not been observed at rural police stations. Male police officers in rural areas will often be a
friend of the offending husband. When reporting domestic violence, women can be subject to victim-
blaming
–
that is the women could be accused of being the cause of troubles, since the general opinion is
that domestic violence is more or less normal. In general, domestic violence is considered a family matter.
Two of the sources emphasised that it is difficult to obtain realistic statistics on victims of domestic
violence, since the police only keep track of official cases. Since domestic violence is not criminalised as
such, the statistics are included in other criminal offences such as violence, homicide etc. Furthermore, it is
believed that there are a large number of unreported cases. The sources emphasised that 30 women have
been killed in Armenia within the last years due to domestic violence.
136
WRCA further elaborated that women who report domestic violence are in a difficult situation, as they may
have their children taken away from them, and they may also risk retaliation from their families and
husbands. Only in rare cases, the
o e s o
family will support the woman, but otherwise it is
considered a shame for the family. Women who report domestic violence may end up having nowhere to
go. The issue of inflicting shame on the family is an important factor in the Armenian society.
WRCA referred to two recent cases of women who were stabbed to death by their husbands. In both
instances the women had previously reported their case to the police. The punishment given to the
Armenian people against the homosexuals, who have created a den of perversion in our country and have a goal of
alienating the society from its moral values, completely right and justified. Those human rights defenders, who are trying to
earn cheap dividends from this incident, I urge them first and foremost to protect the national and universal values.
,
ArmeniaNow.com, 18 May 2012,
https://www.armenianow.com/society/38162/diy_gay_lesbian_club_bomb_attack_yerevan_reactions
134
Helsinki Committee; Helsinki Association; Civil Society Institute
135
An International Organisation (1); WRCA; a Western Embassy (1); a Western Embassy (2); Helsinki Association
136
An International Organisation (1); WRCA
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Armenia: State actors, political situation vulnerable groups and citizenship
husbands were three years in prison, as it was seen as a passionate crime. However, if the woman kills the
husband, it is not seen as a passionate crime.
Protection of victims
Several sources referred to a legislative gap in Armenia, as there is no law criminalising domestic
violence.
137
Two sources mentioned that in 2013 (when Armenia was negotiating with the EU), a law
criminalising domestic violence was proposed, but not approved. Women organisations and the
international organisations are at present lobbying for a new attempt to approve the law. The government
has been reluctant to discuss domestic violence and gender equality related issues.
138
There are no public shelters for victims of domestic violence. In all Armenia, there are only two shelters
available to female victims of violence, and they are run by NGOs and located in Yerevan.
139
WRCA explained that the two shelters can house altogether 15 women and their children. They are often
full, and women then have no other option than to rent a house. The shelters are run by and financed by
t o NGOs: the Wo e s Suppo t Ce t e a d the Wo e s Rights Ce t e. I seldo ases o e ha e
been referred to a shelter by the police. There have been cases, where husbands of the victim were related
to the government or to oligarchs. In one such case, the NGOs assisted the woman to leave for Tbilisi in
Georgia.
The e ha e also ee ases he e the poli e ha e leaked the o e s add ess to the hus a ds,
and the husbands have shown up at the shelter. However, the police are trying to be better in handling
these situations now, and the situation has improved compared to ten years ago. According to the Helsinki
Association, the police can assist in case of domestic violence.
Few sources found that in general the issue of domestic violence is a bit over-reacted.
140
According to IOM,
there is a problem, but it is not that big, and women in Armenia in general do not face violence. IOM
recognised that the law enforcement authorities lack the knowledge and the proper training to deal with
such issues, and that facilities for women are also missing. IOM would not deny that the problems exists,
but found that the fact that people live in extended families with parents and brothers would also provide
mechanisms within the families, which could prevent violence. The Chamber of Advocates stated that there
are numerous NGOs providing protective measures towards women. Women are more well-informed
today and will probably be more reluctant to tolerate violence and violent behaviour. Similarly, the
Association of Judges stated that NGOs provide legal aid to the affected women, and some cases have been
brought up in the media, but the problem is not seen as urgent.
3.3 Religious minority groups
So e sou es e tio ed that Jeho ah s Wit esses o stitute a ul e a le
group in the Armenian
society.
141
One of the sources referred to a risk for this group to be targeted if members distribute
materials in the street. The source further referred to the situation for
tea he s ho elo g to Jeho ah s
Witnesses and who may lose their job,
if the s hool is i fo ed that the a e Jeho ah s Wit esses. The
137
138
An anonymous source located in Yerevan; WRCA; an International Organisation (1); An International Organisation (2);
An International Organisation (1); WRCA
139
An anonymous source located in Yerevan; An International Organisation (1); WRCA; Western Embassy (2) in Yerevan
140
IOM; Association of Judges; Chamber of Advocates
141
Representatives of an Embassy in Yerevan, WRCA
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Armenia: State actors, political situation vulnerable groups and citizenship
sou e also e tio ed that hild e of Jeho ah s Wit esses a e fo ed to pa ti ipate i eligious edu atio
,
incl. the history of the Armenian Apostolic Church in the school.
142
An international organisation in Yerevan
e tio ed that the e ha e ee ases of efugees ho e e Jeho ah s Wit esses a d e e eje ted
State Migration Service based on the opinions of the National Security Service.
Other sources found that the situatio
fo Jeho ah s Wit esses has sig ifi a tl i p o ed si e
. Afte
Jeho ah s Wit esses had a su ess ith a e la o alte ati e ilita se i e, thei p o le
ith
military service is now eliminated.
143
O e of the sou es e tio ed that Jeho ah s
Witnesses is a strong
and internationally backed community, which had been able to solve their case regarding an alternative
military service in the ECHR.
144
Several sources mentioned that other religious minorities such as the Yezidis are recognised as a minority
group and have equal rights.
145
The minority group represents 2-3% of the Armenian population and
receives certain attention and assistance. The sources found that the group does not constitute a
vulnerable group as such.
One source referred to reports on discrimination against Islamic minorities and the Yezidi minority for
religious reasons. According to the source, the Yezidi minority complains that they are not provided
positions in decision-making bodies at central and local level, that they lack financial resources for their civil
society organisations and that they are not provided with sufficient space in the media.
146
The Helsinki Committee found that persons who choose to abandon the Armenian Apostolic Church either
to join another religion or because they are atheists, are vulnerable. According to the source, these people
are subject to discrimination, hate speech and in extreme cases violence from the society. They cannot seek
protection from state actors, because the police and the court systems will not touch their cases due to
societal pressure.
142
143
WRCA
Helsinki Association; Helsinki Committee
144
Helsinki Committee
145
Representatives of an Embassy in Yerevan; International Organisation (3); IOM
146
International Organisation (1)
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Armenia: State actors, political situation vulnerable groups and citizenship
4. CITIZENSHIP
Since the independence of Armenia in 1991 the question of citizenship has dominated the Armenian
political agenda. Since 1995 the law has been changed eight times, primarily out of consideration for the
big Armenian diaspora and the refugees from the war in Nagorno-Karabakh. Among the changes the
authorities introduced a rather liberal law on dual citizenship in 2007 and later a simplified procedure for
ethnic Armenians to obtain Armenian citizenship.
147
During the visit of the Danish Immigration Service (DIS) to Armenia, several sources referred to a
handbook
148
with frequently asked questions concerning persons (ethnic Armenians) displaced from Syria
to Armenia, published by UNHCR and the Chamber of Advocates, which among others explains the general
rules of applying for and obtaining citizenship in Armenia.
The full text of the handbook is attached to this report [See Appendix 4].
4.1. Application in/outside Armenia
The majority of the sources consulted by DIS in Armenia stated that an application for Armenian citizenship
can be submitted both outside Armenia, at Armenian diplomatic missions and consular services in a foreign
country, and inside Armenia at the Passport and Visa Department of the Police of the Republic of Armenia.
According to the UNHCR HANDBOOK OF FREQUENTLY ASKED LEGAL QUESTIONS (UNHCR Handbook) a
pe so , he appl i g fo A e ia Citize ship, shall
personally submit an application to the Armenian
diplomatic mission or consular service in a foreign country or, on the territory of the Republic of Armenia
–
to the Passport and Visa Department of the RA Police, which is the authorised state governance body in the
frame of the RA Police
149
.
The Passport and Visa Department of the Police and the Minister of Diaspora added that the applicant must
be physically present to submit his/her application in order to be able to answer possible questions. Every
applicant without exception has to pay a fee of 1.000 AMD (approx. 2 USD) when applying for a citizenship.
According to several sources, the application for citizenship will be processed within six months by the
Ministry of Foreign Affairs and the National Security Service. After this process, the application will be
forwarded to the President, who will sign a decree on granting Armenian citizenship.
150
If a person is granted Armenian citizenship outside Armenia, he/she will have to travel to Armenia to collect
the Armenian passport at the Passport and Visa Department of the Police. However, if the person is an
ethnic Armenian from Syria, Lebanon or Iraq, the passport can be collected at an Armenian diplomatic
mission or consulate in these countries.
151
(See also 2.6)
Country Report: Armenia, European University Institute. EUDO Citizenship Observatory, December 2010:
http://eudo-
citizenship.eu/admin/?p=file&appl=countryProfiles&f=Armenia.pdf
p.2
148
UNHCR & Cha e of Ad o ates:
HANDBOOK OF FREQUENTLY ASKED LEGAL QUESTIONS
–
For persons displaced from
Syria to Armenia,
Sept.
,
http://www.mfa.am/u_files/file/syria_brochure_eng.pdf
149
Ibid. p. 10; RA Government decree No- 1469-N, adopted 22 November 2012
150
UNHCR
HANDBOOK,
p. 10; Passport and Visa Department of the RA Police; Ministry of Diaspora
151
Passport and Visa Department of the RA Police; Ministry of Diaspora
147
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Armenia: State actors, political situation vulnerable groups and citizenship
According to the Passport and Visa Department of the Police, there is no appeal, if an application for
citizenship has been rejected by the president. If an application is rejected, no reason will be given, as it is
an exclusive power of the President. The respective person shall be allowed to re-apply after one year from
the date of rejection.
152
4.2. Requirements to documentation
The following documents are needed to apply for Armenian citizenship:
153
Application;
Passport and a copy of the passport;
6 (colour) photographs of 35 x 45 mm size;
Birth certificate and a copy of the birth certificate;
Marriage certificate and a copy of the marriage certificate;
The spouse s passport a d a opy of the passport, or a ertifi ate of the spouse s itize ship;
Birth certificate of the child and a copy of the certificate, or the certificate that certifies RA
citizenship;
Residence certificate of a stateless person and a copy of the certificate, or the travel document and
the document certifying RA residence status and copies of these documents;
Any of the documents certifying that the applicant is of Armenian origin (in case of applicants of
Armenian origin);
Document certifying the payment of the state fee (AMD 1000)
The Passport and Visa Department of the Police confirmed the requirements listed above.
4.3. Possible test of language and constitutional skills
According to the Passport and Visa Department of the Police, a person, who is not ethnic Armenian, not
married to an ethnic Armenian nor has a child of Armenian origin, will need to prove that he/she has lived
in Armenia for three years and that he/she knows the Armenian language and has knowledge of the
Armenian Constitution, when applying for Armenian citizenship. The knowledge of Armenian language and
the Constitution will be tested through a government approved online test, based on a questionnaire in
Armenian. If the applicant can reply to minimum 50% of the questions in the test, it is considered that
he/she has sufficient knowledge of the Constitution and is able to understand and express him/herself
sufficiently in the Armenian language. If the test is not passed the first time, the applicant can re-apply to
take the test for an unlimited period, until he/she has passed the test. An applicant who is married to an
Armenian citizen or has a child who holds Armenian citizenship, is not obliged to take an Armenian
language test, but will have to take the Constitution test.
4.4. Mixed marriage and children of mixed marriages
Several sources consulted by the delegation stated that the law allows mixed marriages between ethnic
Armenians and non-Armenians. Furthermore, the same sources stated there are no obstacles in the law for
a non-Armenian-spouse to obtain citizenship.
154
Passport and Visa Department of the RA Police; UNHCR
HANDBOOK,
p. 10
UNHCR
HANDBOOK,
p. 9; RA Government decrees No. 1522-N (adopted on 29 November 2012) and No. 1390-N (adopted
on 23 November 2007)
153
152
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Armenia: State actors, political situation vulnerable groups and citizenship
However, all sources consulted on this subject confirmed that a marriage between an Armenian citizen and
an Azerbaijani citizen would be problematic. Two sources stated that such a marriage was not uncommon
before 1991.
155
Some sources underlined that the problem was not the legislation, but that the society
would neither accept nor tolerate such a marriage.
156
The Helsinki Committee explained that the
implications in practice of such a marriage would be difficult both in relation to the authorities and in
relation to the society itself. According to the Minister of Diaspora, the reason for the lack of a societal
acceptance lies in the political climate in both countries, caused by the armed conflict in Nagorno-
Karabakh.
157
An International Organisation (3) in Yerevan explained that even though the Armenian authorities allow
such marriage, a mixed Armenian-Azerbaijani couple would in the end choose not to live in Armenia,
because of the lack of possibilities to get a job or the risk of harassment in the society, such as for instance
in the
hild e s s hools et .
158
According to two embassies in Yerevan, a mixed marriage between an Armenian citizen and an Azerbaijani
citizen would at present be unheard of. According to one of the embassies, no such couples are living in
Armenia today, nor would any such couple come to live in Armenia.
159
According to a Western Embassy (1), it would be highly unlikely that a person from Azerbaijan would be
able to obtain citizenship in Armenia.
160
According to the International Organisation for Migration (IOM),
such people would be able to obtain citizenship according to the law, but IOM did not have knowledge of
any cases being granted or refused citizenship on this ground probably due to the non-existence of such
cases.
161
A o di g to the Helsi ki Co
ittee HCA a d the A e ia La e s Asso iatio ALA the e ould e
some cases of mixed marriages between Armenian and Azerbaijani citizens, but both organisations stated
that the existence of such marriages would often be claimed in asylum matters with the purpose of
obtaining citizenship or residence in another country. According to the Helsinki Committee there had been
several cases of falsified documents in relation to mixed marriages with Armenian and Azerbaijani
couples.
162
4.5. Children of mixed marriages
A o di g to the UNHCR Ha d ook, hild e s possi ilities to o tai
Armenian citizenship, if parents have
Armenian citizenship, are subject to the following conditions:
163
An anonymous source located in Armenia; Representatives of an Embassy in Yerevan; Helsinki Committee
Ministry of Diaspora; Helsinki Committee
156
Ministry of Diaspora; Armenian Lawyers Association
157
Helsinki Committee; Ministry of Diaspora; An anonymous source, located in Armenia; IOM
158
International Organisation (3) in Yerevan
159
Representatives of an embassy in Yerevan; Western Embassy (1)
160
Western Embassy (1)
161
IOM
162
Armenia Lawyers Association; Helsinki Committee
163
UNHCR
HANDBOOK,
p. 11-12
155
154
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Armenia: State actors, political situation vulnerable groups and citizenship
A child under the age of 14 whose parents have acquired RA citizenship shall acquire RA citizenship
automatically
If the parents have acquired RA citizenship, their children of 14-18 years of age shall acquire RA
citizenship in case of their written consent.
If one of the parents has acquired RA citizenship, while the other is a foreign citizen or a stateless person,
the child shall acquire RA citizenship, if both parents consent, or if the child resides on the territory of the
Republic of Armenia and the parent who holds RA citizenship consents.
A child of foreign citizens who have acquired RA citizenship shall acquire RA citizenship on the basis of an
application submitted in accordance with the procedure stipulated in RA legislation to receive a passport
of a citizen of the Republic of Armenia.
A ti le
of the RA La
O RA Citize ship
If a child is born after parents acquire RA citizenship, the following conditions apply6:
A child, both of whose parents hold RA citizenship at the time of his/her birth, shall acquire RA citizenship
regardless of his/her place of birth.
A child, one of whose parents holds RA citizenship at the time of his/her birth, while the other parent is
unknown or is a stateless person, shall acquire RA citizenship.
If one parent holds RA citizenship at the
ti e of the hild s irth, a d the other pare t is a foreig itize ,
the hild s itize ship shall e deter i ed y the utual ritte o se t of oth pare ts. No spe ial
format for the consent exists. The consent needs to be signed by both parents. In case one of the parents
is absent from Armenia, his/her signature needs to be verified by a notary.
In the absence of such consent the child shall acquire the citizenship of the Republic of Armenia, if he/she
was born on the territory of the Republic of Armenia, or if he/she would become a stateless person if
he/she does not acquire citizenship of the Republic of Armenia, or if the parents permanently reside on
the territory of the Republic of Armenia.
A ti le
of the RA La
O RA Citize ship
The Passport and Visa Department of the Police confirmed the requirements listed above and added that if
a child is above 18 years old, and holds another citizenship, the child will have to apply for Armenian
citizenship like all other foreign citizens. This application will be processed all the way through to a
presidential approval.
164
Children of mixed Armenian/Azerbaijani marriage
Several sources
165
agreed that the legislation makes it possible for a child of mixed Armenian-Azerbaijani
parents to obtain Armenian citizenship. However, according to the Ministry of Diaspora, if the father of the
child is an Azerbaijani citizen, he would not consent to this for social and cultural reasons. The minister
explained that many divorced Armenian mothers returned with their children to Armenia after the
independence in 1991. The children obtained Armenian citizenship. If someone returns to Armenia now,
after more than 20 years outside of Armenia, for instance from Russia, and the person has not obtained
citizenship abroad
–
either Armenian or other
–
this would probably raise suspicion.
164
165
Passport and Visa Department of the RA Police; Ministry of Diaspora
Ministry of Diaspora; International Organisation (3); IOM; Representatives of an embassy in Yerevan; An anonymous
source, located in Armenia
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Armenia: State actors, political situation vulnerable groups and citizenship
The International Organisation for Migration (IOM) do not know of such cases, but considers that the
families would try to settle in another country, where they would not risk any problems. The International
Organisation (3) in Yerevan was not aware of any such cases, and would also consider it likely that such
applicants would be treated with suspicion.
166
Representatives of an embassy in Yerevan stated that mixed marriages between Armenian and Azerbaijani
citizens may have been concluded more than 20 years ago. Descendants of such marriages would have
settled in another country, due to the conflict in Nagorno-Karabakh.
167
Finally, IOM highlighted that it would not be problematic for Armenians, who, for instance, return from
Russia with Russian spouses and children. If the families have documents, they can apply for citizenship.
Even in remote areas of Russia children are registered at birth.
.6. Eth i Ar e ia s’ opportu ities to o tai itizenship
without having lived in Armenia / having lived
outside Armenia for a longer period of time
Ethnic Armenians in general have favourable conditions to obtain citizenship in Armenia. As stated in article
1 in the Armenian Law on Citizenship:
E ery person
in the Republic of Armenia has a right to acquire citizenship as set forth by the law. A person of
Armenian ethnicity may acquire RA citizenship pursuant to a simplified procedure
168
According to Article 13 in the same law, it is possible for persons who are Armenian by origin to obtain
citizenship through naturalisation by simplified procedures, which include exemption from the demand of
language skills and knowledge of the Armenian Constitution, and exemption from continuous residence for
three years.
169
The Passport and Visa Department of the Police confirmed that there is a simplified
procedure for ethnic Armenians to apply for citizenship based on a government decision.
According to the UNHCR Handbook, ethnic Armenians have to provide one or several of the following
documents to certify being of Armenian origin:
170
Passport bearing a note about being of Armenian nationality;
Birth certificate bearing a note about being of Armenian nationality;
(Armenian) residence certificate of a stateless person, travel document, document certifying the
residence status in the Republic of Armenia, bearing a note about being of Armenian ethnicity;
Document on baptism issued by church institutions listed in the Annex 4 of the RA Government decree
No. 1390-N (adopted on November 23, 2007), and approved by a Republic of Armenia diplomatic
166
167
International Organisation (3) in Yerevan, Armenia
Representatives of an embassy in Yerevan
168
Law on Citizenship (1995, amended 2007), CHAPTER 1: General Provisions, Article 1: Citizenship of the Republic of
A e ia RA .
http://www.lexadin.nl/wlg/legis/nofr/oeur/lxwearm.htm (accessed
19 June 2016)
169
Law on Citizenship (1995, amended 2007), CHAPTER 2: Acquisition of RA Citizenship, Article 13:
Citizenship by
Naturalization. (as amended on 26.02.2007 by RA Law No. 75-N),
http://www.lexadin.nl/wlg/legis/nofr/oeur/lxwearm.htm
(accessed
19 June 2016)
170
UNHCR
HANDBOOK,
p. 9-10; RA Government decrees No. 1522-N (adopted 29 November 2012) and No. 1390-N (adopted
on 23 November 2007)
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Armenia: State actors, political situation vulnerable groups and citizenship
representation or a consular body in foreign countries, bearing a note about the baptized person or
his/her parent being of Armenian ethnicity;
Document on being of Armenian ethnicity issued by authorized bodies in a foreign country and approved
with an apostil or consular validation;
Other documents substantiating the circumstance of being of Armenian origin, approved by a Republic of
Armenia diplomatic representation or a consular body in foreign countries;
The birth certificate of a parent (or grandfather, grandmother, sister or brother) or other identification
document bearing a note about being of Armenian ethnicity. You may also submit the birth certificate
(or another document
ertifyi g eth i ity) of your rother or sister fro father s or other s side if your
consanguineous parent is ethnic Armenian. In case of submitting a document stated in this point it is also
necessary to submit a document confirming the relationship with the relevant person.
The list of documents was confirmed by the Passport and Visa Department of the Police which added that
any identification document, by which it would be possible to establish Armenian ethnicity, may be used.
The Minister of Diaspora stated that baptism in the Armenian Apostolic Church is always a condition for
ethnic Armenians born outside of Armenia. The Passport and Visa Department of the
Police added that Armenian ethnicity and the Armenian Church are interlinked.
171
As for ethnic Armenians from Nagorno-Karabakh, some sources noted that these persons could easily
relocate to Armenia. Ethnic Armenians all have Armenian Passports, and it is stated in the passport that
he/she origins from Nagorno-Karabakh, but this would not cause any troubles in Armenia, according to the
sources.
172
According to IOM, there is a huge Armenian diaspora in Russia, consisting of around three million ethnic
Armenians. Some may hold Russian citizenship, while others may hold dual Russian and Armenian
citizenship. It is not considered particularly beneficial for ethnic Armenians who are Russian citizens to
obtain Armenian citizenship. Rules for persons
173
with dual citizenship in Russia have been tightened in
2015, and a Russian citizen can stay visa-free in Armenia for up to 180 days within a year.
4.6.1. Ethnic Armenians from Syria
After the outbreak of the civil war in Syria, around 20,000-22,000 ethnic Armenians from Syria have arrived
to Armenia, according to the Ministry of Diaspora and the International Organisation for Migration (IOM).
17,000-19,000 Syrian Armenians are still residing in Armenia, while around 2,000-5,000 have left Armenia
again after receiving refugee status. Many have left for Canada or Western Europe.
174
Some ethnic Armenians from Syria received refugee status, and many have already received Armenian
citizenship. According to the Minister of Diaspora, only 2.000 ethnic Armenians from Syria living in Armenia,
have not yet received Armenian citizenship.
171
172
Ministry of Diaspora; Passport and Visa Department of the RA Police
Ministry of Diaspora; IOM
173
л ое Уп ле е по оп о
М
ц М Д о
,
https://xn--b1ab2a0a.xn--b1aew.xn--
p1ai/info/Drugoe_grazhdanstvo
174
Ministry of Diaspora; IOM; Representatives of an embassy in Yerevan
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Armenia: State actors, political situation vulnerable groups and citizenship
The ethnic Armenians from Syria have access to a facilitated, simplified procedure to obtain citizenship.
They will need to apply either at the Passport and Visa Department of the RA Police or at a diplomatic
representation in Syria, Lebanon or Iraq. The procedure takes some months.
175
The ethnic Armenians from Syria have to provide documentation for their ethnic origin. According to the
Minister of Diaspora the ethnic Armenians have received papers through Armenian representations in Syria
that allowed them entry to Armenia.
The Passport and Visa Department of the RA Police stated that the ethnic Armenians from Syria will have a
family book that includes information rega
di g thei pa e ts o igi .
176
According to IOM, the
requirements for proof of Armenian descent have been complicated, but the Armenian Apostolic Church in
Syria has provided relevant documentation, including registration of baptism and marriage. Furthermore, if
a person is carrying Armenian-sounding names and has knowledge of the Armenian language, it may also
be considered as a proof of descent.
177
Although the Armenian Syrians have been welcomed by the Armenian State, they still face many socio-
economic problems, as it is difficult for them to find a job in Armenia. It is also difficult for them to cover
their daily costs, including renting a shelter. According to IOM, many male heads of households leave their
families in Armenia and either go back to Syria to find work, or leave for the Gulf states, as they are Arabic
speaking. Some migrate to Russia, while others leave for Europe.
178
4.7. Loss of citizenship
According to the Law on Citizenship
179
a cessation of Armenian citizenship can occur in four cases:
1.
2.
3.
4.
In case of changing RA citizenship
In case of loss of RA citizenship
In cases provided for by the international treaties of the Republic of Armenia
Based on provisions of the Law on Citizenship
The Passport and Visa Department of the RA Police stated that it was not allowed to deprive someone of a
citizenship even if the person has committed a crime. The Department highlighted the Armenian
ratification of the 1961 Convention on the Reduction of Statelessness. A reason for losing an Armenian
citizenship could be, if a person applies for citizenship in a foreign country, which does not allow dual
citizenship. The person would then have to renounce his/her Armenian citizenship.
180
According to the International Organisation of Migration (IOM), it is possible to renounce an Armenian
itize ship o a olu ta
asis. The IOM as ot a a e of a pa ti ula ases, he e a pe so s
citizenship was ceased, but could not exclude single cases.
181
An International Organisation (3) in Yerevan
175
176
IOM; Ministry of Diaspora; International Organisation 3 in Yerevan
Passport and Visa Department of the RA Police
177
IOM
178
Ibid.
179
Law on Citizenship (1995, amended 2007), CHAPTER 4: Cessation of RA Citizenship, Article 23: The bases for Cessation of
RA citizenship,
http://www.lexadin.nl/wlg/legis/nofr/oeur/lxwearm.htm (accessed
19 June 2016)
180
Passport and Visa Department of the RA Police
181
IOM
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did not have any information about the non-voluntary loss of citizenship, either. According to the
organisation, the president has to approve the renouncement of RA citizenship.
182
According to the Passport and Visa Department of the RA Police, if a male is 18 years or older, and has not
served his military service, he will not be able to renounce his Armenian citizenship, until he has completed
his obligations. The Department stated that tax evasion, preceding a criminal/civil case or a verdict not fully
vindicated, would be other reasons for not being able to renounce the Armenian citizenship.
183
182
183
International Organisation (3) in Yerevan, Armenia
Passport and Visa Department of the RA Police
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Appendix 1: Terms of Reference
State Actors
The National Police of Armenia
Integrity
Political (in)dependence / influence
Corruption
Internal control mechanisms
Impunity
Conduct, including prevalence of human rights violations and discrimination
The Legal System
Integrity
Political (in)dependence / influence
Fai t ial
Accountability
Appointment of judges
Conduct
Corruption
Internal control mechanisms
Impunity
Independent Complaint / Appeal Bodies
Human Rights Defender (Ombudsman), Special Investigation Service and the Constitutional Court
Access
Independence?
Capacity / Resources
Effect? (Consequence of critical comments)
Citizenship
Application in / outside Armenia
Requirement to documentation
Possible test of language and constitutional skills
Mixed marriages and children of mixed marriages
Eth i A e ia s oppo tu ities to o tai itize ship ithout ha i g li ed i A
outside Armenia for a longer period of time
Loss of citizenship
e ia / ha i g li ed
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Political Situation
Opposition
Major Political Parties
Activists
Under which conditions does the opposition act? Are they subject to persecution?
Freedom of Assembly
Demonstrations
Freedoms of Speech
Independent medias
Social medias
Vulnerable Groups in Armenia
Activists, journalists, opposition, women
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Appendix 2: List of Sources
Government sources
The Constitutional Court
The Court of Cassation
The Human Rights Defenders Office (Ombudsman)
Ministry Of Diaspora
Passport and Visa Department of the RA Police
The P ose uto Ge e al s Offi e
Special Investigation Service
International Organisations and embassies
Anonymous Source, located in Armenia
International Organisation of Migration (IOM)
International Organisation (1)
Representative of an International Organisation (2)
International Organisation (3) in Yerevan
Western Embassy (1)
Western Embassy (2)
Representatives of an Embassy in Yerevan
Armenian Interest Organisations
Association of Judges
Chamber of Advocates
Armenian Non-Governmental Organisations
Armenian Helsinki Association
A e ia La e s Asso iatio
Civil Society Institute
Committee to Protect Freedom of Expression
Helsinki Committee of Armenia
HETQ
PINK Armenia
Transparency International Anti-Corruption Center Armenia
Wo e s Resou e Ce t e A e ia
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Appendix 3: Map of Armenia
Source: United Nations - Department of Field Support, Cartographic Section, 2008
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Appendix 4: Handbook of Frequently asked legal questions
– For persons displaced from Syria to Armenia
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67
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68
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69
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71
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72
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77
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79
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81
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82
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84
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85
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86
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87
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Appendix 5: Bibliography
List of written sources:
Armenia Now:
DIY I ide t Stirs Natio al De ate: Hate ri e as right a d justified says deputy speaker of the Natio al
Assembly,
ArmeniaNow.com, 18 May 2012,
https://www.armenianow.com/society/38162/diy_gay_lesbian_club_bomb_attack_yerevan_reactions
Council of Europe,
La k of Effe ti e I estigatio i to Poli e Viole e a d O stru tio of jour alists Work,
All Media
Freedom Alerts, Update 29 February 2016,
http://www.coe.int/en/web/media-freedom/all-alerts
Cou il of Eu ope: Repo t Nils Muiž ieks, Cou il of Eu ope Co
issio e fo Hu a Rights, follo i g his isit to
Armenia, from 5 to 9 October 2014, March 2015,
https://wcd.coe.int/ViewDoc.jsp?p=&Ref=CommDH(2015)2&direct=true
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment: Report to the Armenian
Government on the visit to Armenia carried out by the European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT) from 4 to 10 April 2013, Strasbourg, 27 January 2015,
http://www.cpt.coe.int/documents/arm/2015-08-inf-eng.pdf
FIDH, Administration of Justice in the Republic of Armenia, 2013,
https://www.fidh.org/IMG/pdf/administration_of_justice_in_armenia.pdf
Freedom House,
Freedom in the World 2015 - Armenia,
31 March 2015, available at:
https://freedomhouse.org/report/freedom-world/2015/armenia
Human Rights Defender:
Annual Report on the Activities of the RA Human Rights Defender,
2013, page 11
Human Rights Watch,
World Report 2016 - Armenia,
January 2016, available at:
https://www.hrw.org/world-
report/2016/country-chapters/armenia
Institute for War and Peace Reporting,
Armenian Courts Accused of Systemic Corruption,
20 January 2014, CRS Issue
719, available at:
https://iwpr.net/global-voices/armenian-courts-accused-systemic-corruption
Institute of War and Peace Reporting,
Gay Rights under Attack in Armenia,
25.05 2012,
https://iwpr.net/global-voices/gay-
rights-under-attack-armenia
Landinfo: Respons: Armenia: Etniske Armenere fra Syria, 30. november 2015,
http://www.landinfo.no/asset/3265/1/3265_1.pdf
Landinfo: Temanotat Armenia: Statsborgerskab, 5. juni 2012,
http://www.landinfo.no/asset/2085/1/2085_1.pdf
Le a te, Ja ues: A e ia s politi al pa ties a d the EU, Ja ua
http://www.europarl.europa.eu/thinktank,
s. 1-2;
, Eu opea Pa liamentary
Research Service,
Makaryan, Shushanik: Country Report: Armenia, European University Institute. EUDO Citizenship Observatory, Revised and
updated March 2013:
http://eudo-citizenship.eu/admin/?p=file&appl=countryProfiles&f=Armenia.pdf
p.2
Migrationsverket, Lifos. Center för landinformation och landanalys inom migrationsområdet,
Temarapport: Situationen för
hbt-personer i Armenien,
2016-04-07,
http://lifos.migrationsverket.se/dokument?documentAttachmentId=43422
Radio Free Europe/Radio Liberty,
Anti-Turkish party joins Armenian president Sarkisian's government,
25 February
2016,
http://www.rferl.org/content/anti-turkish-party-joins-armenian-president-sarkisian-government/27572563.html
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Radio Free Europe/Radio Liberty,
Armenian opposition party claims more government pressure,
17 February 2015, available
at: http://www.refworld.org/docid/550940bc15.html
Transparency International: Overview of corruption and anti-corruption in Armenia, 23 August 2013,
http://transparency.am/storage/overview-of-corruption-in-armenia-en.pdf
UNHCR & Cha e of Ad o ates:
HANDBOOK OF FREQUENTLY ASKED LEGAL QUESTIONS
–
For persons displaced from Syria
to Armenia,
Sept.
,
http://www.mfa.am/u_files/file/syria_brochure_eng.pdf
United States Department of State, 2015 Country Reports on Human Rights Practices - Armenia, 13 April 2016,
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2015&dlid=252819
Websites:
Constitutional Court of Armenia:
http://concourt.am/english/
National Police of Armenia website:
www.police.am
Laws:
Law on Citizenship (1995, amended 2007),
http://www.lexadin.nl/wlg/legis/nofr/oeur/lxwearm.htm
Constitution of the Republic of Armenia (with amendments),
http://www.parliament.am/legislation.php?sel=show&ID=1&lang=eng
Criminal Code of the Republic of Armenia,
http://www.parliament.am/legislation.php?sel=show&ID=1349&lang=eng#11
Criminal Procedure Code of the Republic of Armenia (adopted 1 September 1998),
http://www.parliament.am/law_docs/010998HO248eng.pdf?lang=eng
The Law of the Republic of Armenia, On the Human Rights Defender (adopted 21 October 2003),
http://www.parliament.am/legislation.php?sel=show&ID=1457&lang=eng
The Law of the Republic of Armenia on Police (2001) (adopted 16 April 2001)
http://www.parliament.am/legislation.php?sel=show&ID=1271&lang=eng
З ко е пу л к А е
о пец ль о лед т е о луж е Repu li of A e ia La o Spe ial I estigatio
Service), (adopted 28 November 2007),
http://www.parliament.am/legislation.php?sel=show&ID=3124&lang=rus
European Court of Human Rights Judgments:
Asatryan v. Armenia, Application No. 24173/06, Judgment of 09/02/2010;
http://hudoc.echr.coe.int/eng?i=001-97155
Poghosyan v. Armenia, Application No. 44068/07, Judgment of 20/12/2011;
http://hudoc.echr.coe.int/eng?i=001-108235
Muradkhanyan v. Armenia, Appl. No. 12895/06, Judgment of 05/06/2012,
http://hudoc.echr.coe.int/eng?i=001-111272
Piruzyan v. Armenia, Application No. 33376/07, Judgment of 26/06/2012,
http://hudoc.echr.coe.int/eng?i=001-111631
Malkhasyan v. Armenia, Application No. 6729/07, Judgment of 26/06/2012;
http://hudoc.echr.coe.int/eng?i=001-111628
Sefilyan v. Armenia, Application No. 22491/08, Judgment of 02/10/2012,
http://hudoc.echr.coe.int/eng?i=001-113296
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Appe di 6: Meeti g otes
Meeting with the Constitutional Court, Gagik Harutunyan, President of the Constitutional Court
–
6 April 2016
Background of the Court
The Constitutional Court of Armenia is created as a model of classic European constitutional courts with
inspiration from the courts in Germany and Austria.
The Armenian Constitutional Court was established in 1996 and consists of nine judges. The main function
of the court is to assess the constitutionality of laws and regulations in the Republic of Armenia.
The court receives applications from;
The President
The National Assembly
The government
The courts
The General Attorney
The Human Rights Defender, and
Individuals (since 2005)
90 % of all applications filed with the Constitutional Courts are from individuals.
Within the last 8 years, the court has recognised 250 provisions of different laws as non-constitutional,
mostly articles in the Criminal Procedure Code and the Civil Procedure Code. The court also has applications
regarding articles in the Administrative Procedure Code. Today this constitutes most of the applications.
The court holds a weekly session where applications from the above-mentioned actors are being
presented.
Constitutional reform and new rule of law
The newly passed constitutional reform will fully enter into force in 2018. This will result in an alteration of
the current Constitution and the Constitutional Court. The court will be added in mandates and is to hear
all cases related to an expanded number of governing bodies. The court can upon application rule on the
constitutionality of not only laws, but on all regulations issued by a governing body.
When the reform of the constitution has entered into force, the Constitutional Court will not only rule on
the constitutionality of the law or regulation, but also on the interpretation of the law or regulation given
by all levels of the common courts, including the Court of Cassation. This is important in ensuring the rule of
law.
The constitutional reform is fundamental in character and has been prepared in cooperation with the
Council of Europe and the Venice Commission. The current constitution from 1995 and the amendment in
2005 were very focused on the state powers. With the reform focus will shift to the citizen. The responsible
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commission has reedited the whole chapter regarding human rights with inspiration from the EU Charter of
Fundamental Rights
184
The reform also increases the role of the Ombudsman and the whole framework regarding the
O uds a s autho it a d the e su i g of the i pa t of the O uds a s e o
e datio s ot o l
toward the state, but also towards all entities involved in public authority.
Access
The individuals (natural persons as well as entities) apply directly to the court with a claim of
unconstitutionality of a law. All other remedies have to be exhausted, before the court can assess the
claim.
Everyone for whom the law is applicable can file a complaint before the court. This means that also non-
citizens in Armenia can apply, as long as the relevant law concerns the person.
The court then assesses whether the argued law is in compliance with the constitution. The Constitutional
Court has no power to execute its verdict upon other courts. This means that the courts probably will study
the verdict and maybe reopen the case, but often the same verdict as before is rendered.
The e o stitutio sets the stage fo the Co stitutio al Cou t to e de a e di t ega di g othe ou ts
i te p etatio of the la . The i te p etatio itself ould o stitute a iolatio of the itize s hu a ights.
If the Constitutional Courts finds the interpretation of the law to constitute a violation, the case has to be
reviewed by the courts.
The Constitutional Court typically handles cases regarding the Criminal and Civil Procedure Codes which
constitutes more than 50 % of the applications. Since 2006 the court has had 37 claims regarding
unconstitutionality of the Criminal Procedure Code. 19 of these claims were found to be unconstitutionally
procedures. In the previous months an increase in applications related to the Administrative Procedure
Code has been observed.
Citizenship
The court has never examined cases regarding to the issue of citizenship. The court recognises that there
are some problems related to the many Armenian citizens registered with diplomatic missions abroad and
their role in national elections. The Constitutional Court has made indirect recommendations regarding the
elections for the National Assembly and the President and the electoral laws, but has never had any
complaints regarding the law on citizenship.
The Human Rights Defender
The Ombudsman has access to file a complaint with the court, if the Ombudsman during his investigation
fi ds that the e a e iolatio s hi h affe ts the o stitutio alit of a la o ule. The O uds a s a ess
to file a complaint with the court is, however, limited
185
.
184
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:12012P/TXT&from=EN
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Two examples are given,
1) The Ombudsman represented 3000 citizens in a case regarding issuing of new social security cards.
The issue was brought before the court and the court found that the suggested solution from the
government was contrary to the constitution and the government had to present a new solution.
2) The Ombudsman represented victims of state expropriation of land and filed a complaint with the
court. The court found the expropriation violated the constitution and the government had to
restore the expropriated land and pay compensation in the amount of three million USD.
Capacity/resources
The caseload at the Constitutional Court is high compared to the caseload at similar courts in the
neighbouring countries. The court makes one to two final rulings a month and one judgment a week.
After the constitution was amended in 2005 the court receives more applications. Around 1600
applications is received a year. Seven to nine percent of the applications are assessed by the court. The
average for a Constitutional Court in the EU is 2.3
–
3,0 %.
The timeframe to assess an application before the court is six months, which can be extended by further
three months. However regarding electoral issues, the timeframe is one month to 50 days.
Under the Law on the Constitutional Court the Court established two chambers, each with three judges and
staff to solve the admissibility of individual applications only. The individual application is submitted to the
President of the court who will then distribute the application to one of the two chambers depending on
the caseload or if the application regards a topic in which a specific judge in one chamber is specialised. The
ha e has da s to assess the appli atio . If the appli atio la ks g ou d a d is ot ithi the ou t
s
jurisdiction or regards a topic which has already been considered by the court, the application will be
rejected. The decision in the chamber has to be unanimous. If the chamber judges disagree, the application
will be forwarded to the full court chamber consisting of all nine judges, who will then assess the
application.
Integrity
When asked about safeguards against external pressure on the work of the Constitutional Court the
president of the court cannot imagine any pressure being applied on the court. The Venice commission
made some statements regarding general political pressure on courts in Armenia, but fortunately did not
find any pressure being applied on the Constitutional Court.
The biggest challenge for the Constitutional Court regards the impact of the courts decisions. The court
sees two major problems:
1) The Court has assessed a number of cases where the Court of Cassation has reviewed the case due
to new circumstances. When the case is assessed by the Constitutional Court the court have found,
that the assessment made by the Court of Cassation was insufficient.
185
The limitations to file a complaint before the Constitutional Court is set out in article 101 (8) cf. article 100 (1) and
Chapter two of the Constitution
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As a result the Constitutional Court has recommended that the case is reviewed by the First
Instance Court, but after the review the First Instance Court has made exactly the same verdict as
before.
2) The lower courts do not approach the Constitutional Court to have a provision tested of its
constitutionality before applying it on a specific case. All courts in Armenia have the possibility to
submit an element of a case before the Constitutional Court while the case is pending both in the
pre-trial stage and during the trial itself. The prosecutor could for instance file a case to the
Constitutional Court to test the constitutionality of a pre-trial detention.
The Constitutional Court only receives two-three cases a year from other courts. There can be numerous
reasons why the courts do not use this opportunity. There is a lack of trust in the system even among
judges. Lack of proper education may also be a reason. Finally the system of submitting questions before
the court is a new system. The fact that the session at the Constitutional Court is public may also be a
factor. Judges may be reluctant to submit a question due to fear of being presented as ignorant.
The Constitutional Court tries to function as a guide for judges. Every January a report is published with the
status of the decisions enforced during the year and hopefully this will function as guidelines for the judges
in other courts.
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Armenia: State actors, political situation vulnerable groups and citizenship
Meeting with the Court of Cassation (CCOC)
–
Arman Mkrtumyan, Chairman; Anna Vardapetyan,
Deputy Head of Judicial Department, 4 April 2016
Structure of the Courts
Currently
186
the following courts function in the Republic of Armenia: first instance courts (Courts of
General Jurisdiction and the Administrative Court); appellate courts (Criminal Court of Appeal, Civil Court of
Appeal, and Administrative Court of Appeal); and the Cassation Court, which has a Criminal Chamber and a
Civil and Administrative Chamber.
Courts of General Jurisdiction
have first instance jurisdiction over all civil, criminal and other cases that are
not reserved to the Administrative Court. The
Administrative Court
has jurisdiction over all cases arising
from public legal relations.
Armenia has three courts of appeal, the
Civil Court of Appeal,
the
Criminal Court of Appeal
and the
Administrative Court of Appeal.
The Civil Court of Appeal and the Criminal Court of Appeal review appeals
from Courts of General Jurisdiction. The Administrative Court of Appeal reviews appeals from the
Administrative Court. Appellate courts review judgments on the merits only within the scope of the
grounds and reasoning underlying the appeal.
The
Court of Cassation
is the court of highest instance in Armenia, except for matters of constitutional
justice. It is responsible for ensuring the uniform implementation of the law and facilitating the
development of the law. The Court of Cassation is divided into two Chambers, the Civil and Administrative
Chamber and the Criminal Chamber.
The
Constitutional Court
is responsible for the administration of constitutional justice.
With regard to the jurisdiction between the Court of Cassation and the Constitutional Court, the CCoC
stated that the Constitutional Court have a very specific mission as it only considers the constitutionality of
a law implemented in Armenia. The Constitutional Court does not consider the legitimacy of a legal act or
judgement. It only checks the constitutionality of a law or other legal act applied in a case, not the case
itself.
Access to the Court of Cassation
Grounds for lodging a complaint with the Court of Cassation are:
a) Ensure uniform application of law,
b) Inconsistence between the ruling from a lower instance court and the case law of the Court of Cassation,
c) Judicial error, i.e. such a violation of substantive or procedural law that could influence the outcome of
the case,
d) Newly-emerged and new circumstances.
186
A referendum for approving the Constitutional amendments in Armenia was held on 6 December 2015; the proposed
changes were approved by the majority vote and several changes in the judicial system of Armenia were introduced, also
related to the appointment and status of judges and chairmen of courts.
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According to the Chairman of the Court of Cassation, CCoC, all citizens can appeal to the Court of Cassation.
According to CCoC the appeals to the Court of Cassation concern violations at all levels. As an example, a
case may start with an application for citizenship, residence permit etc. If denied by a first instance court,
the plaintiff appeals the decision to the appeal court. If the appeal court does not rule in favour of the
plaintiff, the case may be appealed to the Court of Cassation.
Capacity and Resources
All judges in Armenia are professional and specialised within the legal system.
When asked about the resources at the courts and the timeframe for processing a case, CCoC stated that
according to the United Nations Population Division, World Population Prospects report in 2010 the
population of Armenia was 3,018,000
187
. As for the number of judges, according to the data provided by
the Association of Judges of Armenia, the number of judges in the RA is 234.
The number of judges is low compared to European standards. According to the average EU index the
number of judges per 100,000 citizens should be 22.3 judges. In Armenia the number is 6.7 judges per
100,000 citizens. If Armenia should comply with the same index as EU, the country ought to have about 600
judges and not only 234.
The low number of judges has led to a problem with overloading of cases at the courts.
In 2013 the number of civil and administrative cases filed with the courts was approximately 45,000, in
2014 it was approximately 85,000 cases and in 2015 it had reached up to 115,000 cases. The number of
criminal cases remained stable. Due to the growing number of cases at the courts, the time to process a
case through the system is also increasing. According to CCoC the increase in the caseload leads to
violations with regard to the timeframe for processing a case.
If an appeal is filed before the Court of Cassation the hearing will be scheduled 4-5 months later.
Fair trial
When asked how the equality of arms is ensured, CCoC stated, that it is ensured in the code of conduct for
judges and that the plaintiff and the defendant of a case have the same access.
According to CCoC the Court of Cassation cannot recognize the point of view that the defence (lawyers) do
not have access to either the defendant or the case files in the preliminary stage of an investigation. CCoC
would rather say that both the defendant and the files of the case are over-available to the defence. CCoC
finds that it is a false presentation of the circumstances of the criminal procedure in Armenia and regrets
that this has been presented through the media.
187
United Nations Population Division, World Population Prospects: Key Findings and Advance Tables Demographic Profiles,
the 2015 Revision (2015). URL:
http://esa.un.org/unpd/wpp/Publications/Files/Key_Findings_WPP_2015.pdf
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When asked how the justice system guarantees legal aid or secures the access to a defence, CCoC stated
that the Chamber of Advocates has a division of defence lawyers that provides legal aid free of charge (free
legal aid).
Taking into account the fact, that the defendant is in general vulnerable during the preliminary detention,
the case law of the Court of Cassation, as well as the legislation requires guarantees for arrested and
detained criminal suspects. An investigative body must either arrest or release an individual within three
hours of taking the individual into custody. Within 72 hours the investigative body must release the
arrested person or bring charges and obtain a detention warrant from a judge.
The case law of the Court of Cassation requires police to inform detainees of the reasons for their
detention or arrest, as well as their right to remain silent and to make a telephone call.
Defendants were entitled to representation by an attorney from the moment of arrest. The law entitles
detainees to public defenders if they are indigent.
Bail is a legal option, and an alternative measure for detention.
The case law of the Court of Cassation, as well the legislation requires the investigative body to present a
well-reasoned justification either for obtaining a detention warrant, or every two months for extending
pre-trial custody. Authorities generally complied with the 12-month limit on total time in pre-trial
detention, but once prosecutors forward their cases to court for trial, the law does not provide time limits
o fu the dete tio ut i di ates o l that a t ial ust e of easo a le le gth.
Severely overburdened judicial dockets across all court levels also contributed to lengthy trials.
CCoC stated that the overloading of the courts is the biggest challenge. There is no other barrier at the
moment that can challenge the judicial system except the overload of cases. Many of the complaints
reaching the Court of Cassation have to do with the timeframe to process the case
Integrity
When asked how the Court of Cassation is dealing with corruption, CCoC stated that it is essential to
establish precedence in the case law. When rulings are based on case law from the Court of Cassation, the
arbitrariness diminishes.
The problem with corruption is not the ruling by the court; the problem is the individuals who may become
victims of bribes. It is not possible to cover the whole system. Given the number of judges, it will take time
to fill the whole system to avoid gaps where bribes or corruption may become an issue. The challenge is
that there are still cases where defence lawyers swindle their clients and ask for certain amount of money
alleging that it is a bribe to ensure a certain verdict or ensuring an appeal. Such kind of fraud cases are
being disclosed easily.
Starting back in 2005, the Court of Cassation not only became the supreme court of Armenia, but also took
on the task to set the case law for the whole judicial system of Armenia.
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According to CCoC the Court of Cassation sets the precedence not only for the courts, but the whole justice
(legal) system (investigative bodies, prosecutors, lawyers). The Court of Cassation takes case law from the
ECtHR into account when making a ruling. The Court of Cassation considers case law from ECtHR in their
rulings. According to CCoC, the Court of Cassation makes no rulings without having considered case law
from ECtHR.
The Court of Cassation review judgments on the merits only within the scope of the grounds and reasoning
underlying the appeal and the documents presented before the court.
When asked how the Court of Cassation makes sure that the interpretation of the law is the same in all
court insta
es, CCoC stated that isi ilit i uli gs is the hole idea of p edi ta le justi e . The u ifo
application of the legislation is the main task of the Court of Cassation. It is to make sure that the same
crime committed in two different court districts is assessed the same way.
For instance, article 285 in the Criminal code concerns hooliganism. If a court is hearing a case regarding
hooliganism, both sides
–
the defence and the prosecutor
–
will refer to the case law of the Court of
Cassation in the interpretation of the law. If the court deviates from the case law of the Court of Cassation
and makes a different ruling, it could be a lower punishment, than stated by the Court of Cassation, the
prosecutor will appeal the case and the appeal court will make a ruling in accordance with the guidelines
set out by the Court of Cassation. This could be called predictable rulings.
Going back to the question of the legal effect of decisions of the Court of Cassation, CCoC stated, that
everyone involved in the civil, administrative or criminal procedure, including defence lawyers, legal
representatives, prosecutors, investigators judges, etc., is aware of the case law of the Court of Cassation
and the guarantees, that are prescribed in decisions of the Court of Cassation, as well. They cite these
decisions in their motions and appeals actively. In every appeal to the Court of Cassation you can find a
reference to the case law of the Court of Cassation. The case law of the Court of Cassation is one of the
basic instruments for human rights protection in Armenia.
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Access
Meeting with the Human Rights Defender, Ombudsman, Arman Tatoyan, 11 April 2016
The Access to the Ombudsman is regulated in the law. Everyone can apply to the Ombudsman with
complaints regarding the state and local self-governing bodies and their officials, also non-Armenian
citizens.
Citizens can file a complaint to the Ombudsman by e-mail, personal approach or a phone call. There is no
fee attached to a complaint.
The O uds a s Offi e has a
-hour manned hotline, 116. The hotline provides immediate legal advice
also during night-time. At daytime legal advisers can assess the complaint. The hotline is only staffed in
Ye e a , ut the O uds a s Offi e has th ee egio al offi es a d if e essa the staff se i g the
hotline will cover the complaints received from the regions.
The character of the complaints at the hotline varies considerably. For instance, a family member to a
detained, who does not have access to a lawyer, can approach the office with a complaint on behalf of the
detai ee. I su h ases the staff of the O uds a s Rapid Respo se Depa t e t ill app oa h the police
station and make a note of the situation. According to the law, the staff have unlimited access to the
arrested.
If there are enough grounds for a complaint, a case will be opened. The Ombudsman can also take up
issues and open cases on his own initiative.
Capacity/resources
The O uds a s Offi e has e plo ees fo the hole ou t . The ai offi e is lo ated i Ye e a
and there are three regional offices with each two employees. The Rapid Response Department and the
hotline is manned with five employees. The department is available all day, during night-time, weekends
and holidays. The hotline is very popular and frequently used, that is why five employees sometimes are
not enough.
According to the Ombudsman, the funds provided by the state are not that sufficient. The system is
o e u de ed. The e is a eed to st e gthe the O uds a s Offi e ith fu the e plo ees oth i
Yerevan and in the regions. The regional offices ought to have more employees, and the capacity of the
Yerevan office should be strengthened with specific knowledge.
The maximum processing time for a case is one month. After one month a decision has to be made on
whether a case will be opened, or if the application should be rejected.
In 2015 the ombudsman received more than 5000 cases. The Hotline received 1070 cases.
According to the Ombudsman, the insufficient number of staff does not have an effect on the handling of
cases. The office has seen no violations of deadlines, as it is a priority to meet the deadlines.
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The
O uds a s Offi e o du ts p i ate i te ie s a d has ot e pe ie ed diffi ulties i a essi g the
plai tiffs i dete tio , although the e ha e ee i ide ts ega di g ass allies he e the O uds a s
staff has experienced difficulties in entering the facilities of detention, but such incidents have quickly been
solved.
The e a e st o g legislati e gua a tees to p e e t a
towards the plaintiffs.
ki d of etaliatio to a ds the O
uds a s staff o
Rega di g halle ges fo the O uds a s offi e; the
lack of human resources is perhaps the biggest
challenge. The capacity with the staff monitoring detention facilities, prisons, psychological hospitals etc.
are also challenges. Finally, ensuring the implementation of the recommendations is a challenge according
to the Ombudsman, as some state institutions are reluctant to follow the recommendations of the
O uds a s Offi e.
Effects
In general there are problems with ill-t
eat e t i poli e ustod , hi h is o se ed the O uds a s
Office and is reported in the annual reports. The Ombudsman registers the complaint and then transfers
the ase to the P ose uto s offi e ith the pu pose to i itiate legal i estigatio a d i i al
responsibility. The Ombudsman can also transfer a case to Special Investigation Service.
When asked about the effect of such actions; the Ombudsman stated that it has an effect given that the
authorities know that the Ombudsman is following the case. The Ombudsman has seen cases, where the
charges against plaintiffs have been dropped and criminal proceedings have been initiated against police
officers.
When asked about statistics regarding cases against police officers, the Ombudsman stated, that in the year
of 2015 the Office of the Ombudsman has received 168 complaints against the Police; 23 out of which were
against the Traffic Police and 12 against Passport and Visa Department.
Regarding cases of torture no cases have been raised before the courts as there has not been any clear
definition in the legislation. The definition of torture was adopted by the National Assembly in 2015, but
the implementation of the definition into the Criminal Procedure Code is still pending. The new definition
of torture is in line with international standards. During the year of 2015 the Ombudsman Office has
handled three cases regarding torture.
The Ombudsman does not conduct investigations in torture cases himself. Instead these types of cases are
t a sfe ed to the Spe ial I estigatio Se i e SIS a d the P ose uto s Offi e. O l SIS
can conduct the
i estigatio . If a t ial is o
e ed du i g the O uds a s assess e t of the ase o if a t ial is al ead
ongoing, the Ombudsman rejects the case.
When the Ombudsman receives a complaint regarding ill-treatment, there are two scenarios;
1)
The O uds a ill t a sfe the ase to the P ose uto s Offi e, a d he the P ose uto s
investigation is completed, the Prosecutor is obliged to notify the Ombudsman of his findings.
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2) The Ombudsman can write a letter demanding an explanation regarding certain topics related to
the complaint.
The effect of the letter or the recommendation is of advisory nature. The Ombudsman can make a follow-
up by raising the issue before the competent authorities.
The impact of the recommendations is growing each year. This has to do with the visibility of the office, and
the fea of a i g a d sha i g i the Natio al Asse l a d i the O uds a s a ual epo ts. No
o e a ts to e sha ed so the state offi ials a d i stitutio s usuall oope ate ith the O uds a s
office.
If the Ombudsman sees a problem within the police or the judiciary, the office can freely criticize this and
make recommendations for improvement.
As for the biggest challenges in the police and law enforcement agencies, the Ombudsman highlighted the
need for providing minimum rights set out by the European Committee for the Prevention of Torture and
Inhuman and Degrading Treatment or Punishment (CPT)
188
. These rights should not only be enjoyed by
suspects, but by all who is apprehended by the police.
Overall, 24 applications were admitted before the Constitutional Court in 2015 and the number is growing
each year. When it comes to issues related to human rights and the constitutionality of different provisions,
the Ombudsman
is
one of the most active in bringing such cases to the court.
In 2015 the Constitutional Court has examined five applications brought before it by the Human Rights
Defender. Two out of those applications were submitted in the year of 2014.
Since changes were made to the mandate of the Constitutional Court, the Ombudsman has started to bring
the topic of the effect of a law or provision before the court.
Integrity
With reference to the resignation of the three former Ombudsmen, the Ombudsman was asked about the
independence of the Ombudsman institution. The Ombudsman replied that the 2013 special report was a
critical report, and that there had also been some criticism raised against his immediate predecessor, but
according to him there are basically no limitations in the work of the institution.
The O uds a s offi e is o ki g fo the e efit of the itize s a d the so iet , ot i a o da e ith
the mood of the Government. If the latter was the case, the institution would be useless.
Vulnerable groups
Women are seen as a vulnerable group and preventing domestic violence against women is needed. Also
children and refugees are considered vulnerable groups.
Sexual minorities are vulnerable groups. The Ombudsman has had very few cases relating to a sexual
minority, but usually these minorities live hidden in communities and without disclosing their sexual
188
The rights have been set out in the following
http://www.cpt.coe.int/en/documents/eng-standards.pdf
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identity. The complaints from these groups are most often presented through NGOs and concern
discrimination in the educational sector, at workplaces and ill-treatment from healthcare personnel and in
law enforcement bodies.
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Meeting with Ministry of Diaspora, Dr. Hranush Hakobian, Minister of Diaspora, 14 April 2016
Initially, the Minister explained the history of the Ministry of Diaspora. The Ministry of Diaspora was
established in 2008. The main reason was that a large number of Armenians resided outside the territory of
Armenia at the time of the independence. The Minister mentioned the conflict with Azerbaijan in Nagorno-
Karabakh and the genocide against Armenians in the Ottoman Empire in 1915 as the reason.
Citizenship
Dual Citizenship
As for dual citizenship, the National Assembly of Armenia introduced an article on Dual Citizenship in the
Law on Citizenship in 2007. The main argument was that Armenians living outside Armenia should have
easier access to Armenia.
For this reason the RA National Assembly adopted a simplified procedure for ethnic Armenians to obtain
Armenian citizenship.
Today about 100.000 Armenians enjoy dual citizenship.
Application for citizenship
The procedure for ethnic Armenians when applying for an Armenian citizenship is that the applicant must
prove that he/she is Armenian of origin. The application has to be submitted to either the Passport and Visa
Registration Department at the RA Police or at an Armenian representation abroad. The authorities,
including the Armenian National Security Service and the Passport and Visa Department of the Armenian
Police, will assess the applications. If the application process goes well, the processing time is up to six
months. After approval the RA President will sign a decree awarding the person with Armenian citizenship.
After this process the applicant will have to travel to Armenia to pick up the Armenian passport. However,
exceptions are made for ethnic Armenians from Lebanon, Syria and Iraq, who can pick up their passports at
Armenian embassies or consular services in these three countries.
Applications from Syrian Armenians
After the outbreak of the civil war in Syria, exceptions have been made and a simplified procedure
introduced for Syrian Armenians. The Minister explained that many of the Syrian Armenians fled Syria
through Turkey. According to the Minister more than 100 Syrian Armenians were killed in Syria and more
than 350 injured. The Syrian Armenians received papers, through the Armenian representations in Syria,
allowing them to entry Armenia. Armenian passports were also sent to Syria.
Around 22.000 Syrian Armenians arrived to Armenia since the outbreak of the war in Syria, where they got
refugee status and received Armenian citizenship. 2.000 Syrian Armenians left Armenia again, probably
leaving for Canada or Western Europe. Further 2.000 Syrian Armenians have obtained refugee status and
Armenian documents but have not obtained citizenship.
Citizens from Nagorno-Karabakh
After briefing on the history of the situation in Nagorno-Karabakh, the Minister of Diaspora explained that
citizens in Nagorno-Karabakh have Armenian citizenship. The origin of Nagorno-Karabakh is visible in the
Armenian passport as the place of birth appears in passports of natives of Nagorno-Karabakh.
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Citizenship for couples in mixed marriage
Replying to a question on the situation for mixed marriage between an Armenian and an Azerbaijani
citizen, the Minister of Diaspora explained that 25 years ago such kind of marriages would not be rare
cases. However, after 1992 a mixed marriage would not be a possibility due to the political climate in both
countries because of the armed conflict in Nagorno-Karabakh and along some places of the Armenian-
Azerbaijani border. It is the society, not the legislation that makes it impossible.
Citizenship for children of mixed marriages
The legislation is clear on the fact that children of a mixed marriage, when one of the parents is Armenian,
can obtain Armenian citizenship if both parents agree. According to the minister, this happens often in
Armenia, if for instance the father is French and the mother is Armenian and they live in Armenia. However,
if the father is Azerbaijani (and is alive) the father needs to agree on Armenian citizenship. For social and
cultural reasons, this would not be possible according to the Minister. After the independence in 1991,
many divorced Armenian mothers returned to Armenia with their children who got Armenian citizenship.
However, it would probably raise suspicion, if someone returned to Armenia now after more than 20 years
outside of Armenia, for instance from Russia, and that person had not obtained citizenship abroad
–
either
Armenian or other.
Baptism is always a condition for ethnic Armenians to obtain Armenian citizenship if they are born outside
Armenia. According to the Minister, the law states that if you apply for Armenian citizenship from abroad,
you need to be baptised in the Armenian Apostolic Church.
Proof of Armenian citizenship
Armenian passports are proof of Armenian citizenship. According to the minister these cannot be falsified.
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Armenia: State actors, political situation vulnerable groups and citizenship
Meeting with the Passport and Visa Department of the RA Police, Mr. Mnatsakan Bizhakhchyan,
Head of Department, 14 April 2016
According to the RA Law on Citizenship there are certain requirements that have to be fulfilled before
obtaining Armenian citizenship. Armenia has amended the RA Law on Citizenship in order to reduce
statelessness. Persons without citizenship are not required to live for three years in Armenia in order to
apply for a citizenship in case he/she has obtained the status of statelessness from RA. Not only the law
but also the present history of the person and the citizenship of his/her parents will decide if the person is
eligi le fo a auto ati A e ia itize ship.
The law does not discriminate applicants against their former citizenship or country of origin, not even if
the application is a former citizen of Azerbaijan.
Dual citizenship
As regards citizenship, Armenia is a unique country compared to its neighbouring countries according to
the Head of the Passport and Visa Department. It does not require renunciation of a former citizenship in
order to apply for and obtain an Armenian citizenship, as Armenia recognises dual citizenship.
Test of Language and Constitutional Skills
A person who is married to an Armenian citizen or has a child who holds Armenian citizenship, is not
obliged to take an Armenian language test, but they have to take the Constitution test.
A person, who is not ethnic Armenian, not married to an ethnic Armenian nor has a child of Armenian
origin and who has resided in Armenia for three years can apply for citizenship. In order to obtain the
citizenship they have to prove that they have lived legally in Armenia for three years and that they know
the Armenian language and have knowledge on the Armenian Constitution. Language and knowledge of the
Constitution will be tested through a government approved test. The test was decided by the government
in 2007. It is an online test based on a questionnaire in Armenian. If the applicant can reply to 50% of the
questions in the test, it is considered that he/she has sufficient knowledge of the Constitution and is able to
understand and express him-/herself sufficiently in Armenian language. If the test is not passed the first
time, the applicant can re-apply to take the test for an unlimited period, until he/she will pass the test. If
the application has already
ee i ulated to the P eside t s offi e a d the appli atio has ee eje ted,
the applicant can re-apply after one year. Very few cases are rejected.
Eth i Ar e ia s’ opportu ities to o tai
itize ship
According to a government decision, there is a simplified procedure for ethnic Armenians to apply for
citizenship. Proof of Armenian citizenship could be a birth certificate bearing a note about being of
Armenian origin, a document of baptism from the Armenian Apostolic Church, or the birth certificate of a
parent or grandparent, sister or brother. Any other identification document by which it is possible to
establish Armenian ethnicity may be used. If the applicant is an ethnic Armenian from Syria, he/she will
have a family book including information regarding his/hers parents. Asked if an ethnic Armenian who is
not a Christian could apply, the source replied that Armenian ethnicity and the Armenian Church are
interlinked. If the applicant does not have certificates from the church, his/her parents or grandparents will
have certificates. So far the authorities have not come across ethnic Armenians applying for citizenship who
have not had any evidence of being Armenian.
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Armenia: State actors, political situation vulnerable groups and citizenship
Processing of an application
The total processing time for an application for a citizenship used to be one year, but at present the
maximum processing time is six months which includes processing of the application in the Passport and
Visa Department and the approval by the RA President. The applications will also be send to the National
Security Service. There is no appeal if an application has been rejected, and no reason will be given as it is
an exclusive power for the RA President to grant citizenship. Possible reasons for rejections could either be
related to national security or to crimes committed in other countries.
Proof of citizenship
An Armenian passport is proof of Armenian citizenship. There is a provision in the law to state that a
passport is the only document to prove citizenship. Asked if a holder of an Armenian passport always may
be considered an Armenian citizen, the source confirmed and said that the only exception would be if an
Armenian citizen has filed an application for renunciation of his citizenship and is still retaining his passport.
Loss of citizenship
According to Armenian law, it is not allowed to deprive someone of a citizenship even if the person is a
terrorist or has committed a crime. According to the
1961 Convention on the Reduction of Statelessness
which Armenia has signed and ratified, a person must not be left stateless. However, if a person applies for
citizenship in a foreign country which does not allow dual citizenship, the person will have to renounce
their Armenian citizenship. The authorities will then ensure that the person is in the process of applying for
another citizenship.
Application in/outside Armenia
It is possible to apply for Armenian citizenship outside Armenia at an Armenian diplomatic mission or an
Armenian consulate. In Armenia, the application must be submitted to the Passport and Visas Department
of the RA Police.
When applying for a citizenship either in Armenia or outside Armenia the applicant has to be physically
present to submit his/her application and to answer possible questions.
When applying for citizenship a fee of 1.000 AMD (approx. 2 USD) has to be paid. The fee is for everyone.
Passport
If you apply for Armenian citizenship from abroad for the first time, you have to collect your passport from
Passport and Visas Department of Police. Exceptions are ethnic Armenians from Lebanon, Syria and Iraq,
who can collect their passports from an Armenian diplomatic mission or an Armenian consulate in their
countries by the RA Government decision.
If you have lost your Armenian passport or want to change it, you can also collect it from an Armenian
diplomatic mission or an Armenian consulate in your country of residence.
Children of mixed marriages
Children whose parents both are Armenian citizen will acquire Armenian citizenship by birth regardless of
his/her place of birth. If
o l o e of the pa e ts is a A e ia itize at the ti e of the hild s i th, a d
the othe pa e t is a fo eig itize , the hild s itize ship shall e dete i ed
utual itte
consent
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Armenia: State actors, political situation vulnerable groups and citizenship
of both parents. There is no special format for the consent. The consent needs to be signed by both
parents. In case one of the parents is absent from Armenia, his/her signature needs to be verified by a
notary.
If the child is above 18 years old, and holds another citizenship, the child will have to apply for Armenian
citizenship like all other foreign citizens. This application will be processed all the way through to a
presidential approval.
For further regarding the procedure for acquisition of RA Citizenship, the Passport and Visa Department of
the RA Police was presented with the content of the
UNHCR HANDBOOK OF FREQUENTLY ASKED LEGAL
QUESTIONS,
to which they agreed.
189
Renunciation of citizenship
If a male person is 18 years old or older and has not served his military service, he cannot renounce his
Armenian citizenship until he has completed his obligations. Other reasons for not being able to renounce
the citizenship could be tax evasions towards the Armenian state, or a criminal/civil case or verdict which is
not fully vindicated. If a person applies to renounce his/her citizenship, a fee of 25.000 AMD (approx. 50
USD) has to be paid.
189
http://www.mfa.am/u_files/file/syria_brochure_eng.pdf
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Armenia: State actors, political situation vulnerable groups and citizenship
Meeti g ith the Prose utor Ge eral’s Offi e, Mr. E il Ba a a , Deput Prose utor Ge eral,
April 2016
Access
According to the Deputy Prosecutor General the judicial system is in a unique situation. Currently the
P ose uto Ge e al s Offi e is ot o l the highest p ose uti g autho it i A e ia, ut also the
Prosecutor General is the representative of the Armenian Government before the European Court of
Human Rights, ECtHR.
This means that if a complaint is not dealt with properly within the national judicial system, the Prosecutor
General will have to answer for the actions before ECtHR. This serves as a guarantee for ensuring that the
rights according the European Convention on Human Rights, ECHR, is implemented in the Armenian judicial
system, according to the Deputy Prosecutor General.
The prosecutor is obliged to take action in three scenarios; a complaint is received from the citizen or the
police, the prosecutor discovers a criminal offense during the assessment of a current case, or if there has
been media coverage of a crime, which has not been dealt with in a proper manner by the police.
If there have been media coverage of a crime and the crime has not yet been investigated by the police, the
prosecutor is obligated to initiate a proper investigation by the police.
A itize
a also app oa h the P ose uto Ge e al s Offi e di e tl .
Capacity/resources
The prosecutorial system is a strict hierarchy. The Prosecutor General is nominated by the president and
elected by the National Assembly. The Prosecutor General is elected for a six year term and can be re-
elected one time.
There are four deputy prosecutors, also appointed by the president. They each supervise different
departments within the prosecutorial system.
There are 337 prosecutors in Armenia, all appointed by the Prosecutor General. They are divided into 10
prosecutor districts throughout the regions of Armenia, seven districts throughout Yerevan and one
superior district in Yerevan that supervise the seven.
I additio to this the e is a
ilita
p ose uto s offi e a d offi es fo the ga iso p ose uto .
The 337 prosecutors assess 19141 cases a year and supervise the investigation of these cases. Not all of
these cases go to court.
Despite a huge case load, there have been no complaints regarding the length of the processing, according
to the Deputy Prosecutor General.
Integrity
The prosecutor is an independent body in the judiciary system, and is also independent from the police.
The police are the executing body.
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Armenia: State actors, political situation vulnerable groups and citizenship
Regarding conflicts with powerful or affiliated persons; such a person has no influence in the court room. If
he or she did, the case would immediately go before the ECtHR. In 2016 it is expected that many cases will
be communicated from ECtHR to the Armenian Government. People can no longer hide a problem or pay
to make a case disappear, according to the Deputy Prosecutor General.
The judicial system in Armenia applies all the same standards as the European countries as for instance
public court hearings and publicised judgements. Furthermore, the Deputy Prosecutor General found that
there is a very active civil society in Armenia, mainly the NGOs and the media also cover court hearings.
Du i g the Co stitutio al Refe e du i De e e
, the P ose uto Ge e al s Offi e eated a
website listing all the complaints and the reactions to these complaints regarding the Referendum.
The Deputy Prosecutor General stated that he would not deny that there are problems regarding
corruption and insufficient training of the police in Armenia. However, the level of corruption within the
police is not different from other former Soviet countries and East European countries.
The police have focus on training which is done in cooperation with the Council of Europe, but the problem
is not solved overnight. It is a valid point of view to claim that the police have inherited corruption from the
former Soviet Union. There are still police officers within the force, who have been trained by the former
Soviet Union. The problem of corruption is not a special problem for Armenia.
Reports of corruption are investigated. The Special Investigation Service investigates allegation of
corruption related to police officers, and the prosecutor will decide whether there is ground for raising a
case at court or not.
Whe asked ho
a
o uptio ases e e aised the P ose uto Ge e al s Offi e i
P ose uto Ge e al s Offi e ga e the follo i g statisti s:
Year
2013
2014
2015
Sent to court
Criminal cases
Persons
128
206
89
120
86
152
-2015 the
Convicted
Criminal cases
Persons
109
176
73
96
77
140
Sour e: Prose utor Ge eral s Offi e of the
Republic of Armenia
The majority of cases brought to court are based on criminal charges. Other disciplinary violations are dealt
with within the disciplinary body of the police itself.
All police phone calls are recorded so it is not possible for the
poli e to o e up a d ot i estigate
allegations of a criminal offence. The prosecutor is responsible for the legality of the cases, and therefore
he reviews the phone recordings.
Freedom of assembly
When asked about the use of article 316 in the Penal Code, the Deputy Prosecutor stated that in general
people would claim that they have been imprisoned or investigated because of their participation in a
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Armenia: State actors, political situation vulnerable groups and citizenship
demonstration. The reality though is that this is not the case. It is not possible to prosecute a person for
being in a demonstration according to the law.
In relation to the case of Gevorg Safaryan, an activist from the party New Armenia, the deputy prosecutor
said that Safaryan had hit a police officer and was therefore charged with having committed a crime. During
the investigation, video coverage of the incident had become available. Meanwhile Safaryan claimed that
the police used excessive force against him. This claim is now under investigation.
The deputy prosecutor argued that everyone who is suspected of committing a crime within the vicinity of
a political gathering or demonstration will claim that they are exposed to political persecution and
therefore are political prisoners.
When asked about
the poli e s o du t du i g the ele t i it de o st atio i the su
e
, the
Deputy Prosecutor stated that for 10 days demonstrators blocked central Yerevan, blocked the street
housi g the P eside t s offi e, the Co stitutio al Cou t, the Pa lia e
t
–
all the important governmental
institutions. For that reason the police was compelled to use force
–
water cannons etc.
–
to disperse the
demonstration and reopen the street. In that context a lot of people were arrested, but no one was
charged. The people returned to the street and the police then decided to let them continue with the
demonstration.
Regarding the police conduct towards journalists during the demonstration, including confiscating
equipment, deleting memory cards etc. the Deputy Prosecutor stated that this happened only during the
first day. There were 20 registered journalists claiming their work had been hindered by the police. All the
equipment has been compensated and the responsible police officers have either been brought on
disciplinary sanctions or are undergoing criminal investigation.
Cases involving pre-trial detention
According to the law, a case may be in the pre-trial investigation phase for maximum one year. The average
case is in the pre-trial investigation phase for four to six months. A backlog of cases has not been an issue in
Armenia.
A detainee may maximum be in pre-trial detention for a year. Only when someone is formally a suspect of a
i e ith a pe alt fo o e tha a ea s i p iso e t, the pe so a e detained
in pre-trial
detention. During the pre-trial detention period, the detainee has to be presented before a judge every
second month. Prolongation of the detention period happens upon assessment of the concrete
investigative measures claimed to be necessary.
The length of the pre-trial detention is deducted in the final sentence, although if acquitted the person will
not automatically be compensated for the detention period.
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Armenia: State actors, political situation vulnerable groups and citizenship
Meeting with Special Investigation Service, Lieutenant General Vahram Shahinyan, Head, 4 April
2016
As introductory remarks the Head of Special Investigation Service stated, that the Special Investigation
Service of the Republic of Armenia (SIS) was established in 2007. SIS is an independent state body and
exercises its powers independently. The head of SIS is appointed by the RA President, and the staff is
appointed by the head of SIS.
The Special Investigation Service (SIS) acts within the frameworks of the functions stated in the Law on
Special Investigation Service of the Republic of Armenia.
According to the RA Law on Special Investigation Service, article 2; the Special Investigation Service
conducts preliminary investigations of criminal cases against officials of legislative, executive and judicial
bodies, against persons carrying out state special service, connected with their official positions or with
crimes committed by them, as well as electoral processes envisaged by the Criminal Procedure Code of the
Republic of Armenia.
Access
SIS explained the procedure for initiating a preliminary investigation either by the request of the Prosecutor
Ge e al s Offi e o
the app oa h of a itize . The itize a app oa h the SIS i se e al a s –either
by
email, regular mail to a post-box or by appearing at the SIS office in person.
The Special Investigation Service has three investigation departments: 1) Investigation Department for
Corruption, Organised and Official Crimes; 2) Investigation Department for Torture and Crimes against
Persons and 3) Investigation Department for General Crimes. A case can be initiated at the Investigation
Department for Corruption, Organised and Officials Crime by an appeal or a plea from a citizen. In fact
many cases are initiated by SIS-investigators themselves on basis of an appeal from citizens.
When asked, SIS confirmed that a citizen, who has been a victim of ill-treatment etc., can file a case at the
Special Investigation Service even though the person has an ongoing criminal case in the court system.
There is an exception when a judge is involved. According to the judiciary system of Armenia, acting judges
ha e a solute i
u it . The status of i
u it fo judges is de ided the A e ia s Cou il of Justi e.
Only if a judge is caught red-handed in relation to corruption a case could open against that judge.
SIS replied that there were not many cases against judges in general.
The Special Investigation Service had one case in 2015 against a judge from the Lower Court who accepted
bribe. The result of this case was that the SIS conducted a preliminary investigation, forwarded the case to
the court system, and the judge is now awaiting trial.
SIS replied to the question of investigations of torture cases in police detention that there are numerous
cases of torture being investigated. In 2013 only 18 preliminary investigations in torture cases were
opened. In 2014 the numbers of cases directed to the SIS were 846 and 1.746 in 2015. According to the
head of SIS the investigation of cases concerning torture is based on trust, so in his opinion when more
victims approach the SIS with appeals to open preliminary investigations on torture this is a sign of higher
public trust to the office of the Special Investigation Service.
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Armenia: State actors, political situation vulnerable groups and citizenship
In general the cases are derived from different administrative structures of the Police of Armenia. The main
cases of torture or forced conducts happen in pre-trial detention facilities. There are fewer cases in the
proceedings that are after pre-trial detention.
When asked about the process of the cases that were opened after police violently dispersed
demonstrations against hikes in electricity prices on 23 July 2015 SIS replied that such cases presently are
being investigated by SIS. It is important for SIS to conduct a thorough investigation and since the material
consists of numerous numbers of video recordings, pictures and witness statements, at the present time
there are no conclusions to these investigations, thus they are still ongoing.
Capacity/resources
The Special Investigation Service consists of 25 investigators that are all highly specialised in the sphere of
criminal investigations. According to the head of SIS, their investigators are among the best investigators in
Armenia.
As an answer to the question of how many cases the SIS had last year, the head of SIS stated that in 2015
SIS had terminated 740 preliminary investigations. This number was around three times bigger compared
with other years. Until May 2016 SIS had only conducted 18 preliminary investigations.
This year SIS had terminated more than 100 preliminary investigations in the first three month of 2016. 217
cases are still ongoing preliminary investigations.
SIS had no information available on the result (conclusion) of the more than 700 cases from 2015.
To the question on how 25 investigators can handle such an amount of cases the head of SIS replied that
other bodies sometimes provide aid to SIS investigations, but that it is only SIS who is conducting the
preliminary investigations. Out of the 217 ongoing preliminary investigations SIS had help in four cases
from the independent body Special Investigation Committee. The rest are investigated by SIS.
When replying to the question on how long time it takes SIS to process a case, the head of the SIS answered
that SIS has an official timeframe of two months if a suspect is identified and in detention. The law gives SIS
the right to prolong this timeframe if it is necessary for the investigation. There are no superior time frames
for investigations without a suspect.
When asked about recruitment to the Special Investigation Service the head of SIS replied that applicants
can send an application, if they would like to work for SIS. The primary qualification for working with SIS is a
minimum of three years of comprehensive investigation experience. The final selection of candidates is
de ided i a spe ial ou il ithi the A e ia s Cou il of Justi e.
Integrity
When asked about the progress of the Special Investigation Service since 2013, when the former head of
SIS was dismissed after criticism of the President of Armenia, the current head of SIS replied that in his
opinion the organisation has gained a lot of progress since 2013. The Special Investigation Service is acting
in a different framework. According to the head of SIS preliminary investigations are initiated on a legal
asis o l . The ages of the offi e s i estigato s a e t i e as high o as it as o pa ed to p e ious
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Armenia: State actors, political situation vulnerable groups and citizenship
years. The investigators are being qualified with specialized competencies in their specific work areas
–
corruption, torture etc.
On the question on whether the Special Investigation Service faces any repercussions when conducting
preliminary investigations against state officials such as politicians and the National Police of Armenia the
head of SIS answered that it is a difficult task to investigate policemen, but it is the cornerstone of the work
of the Special Investigation Service. For SIS it is the nature of the crime that is important not the subject,
why it does not play a role who is being investigated.
The head of the Spe ial I estigatio Se i e u de li ed that the offi e s ge e al app oa h is, that e e
complaint from a victim is considered to be enough ground for a preliminary investigation in itself. There
were only 18 cases in 2015, and 15 in the first three month of 2016 of false statements, that is when the
appeal of the citizen is not true.
During the investigations the investigators will take all kind of evidence into the process. The SIS will look
into background information on the victim and on the policemen and will take forensic evidence, i.e.
bruises on the victims, into account. SIS tries to look holistically at the whole process and tries to avoid
looking one-sided at the investigation.
The primary challenge of the Special Investigation Service is the caseloads. According to the head of the SIS
the investigators are currently overloaded with work tasks, and there is a discussion in the management on
the need to appoint more investigators.
In the current regime of overloaded investigators the head of the Special Investigation Service
acknowledges the need to prioritise the investigations conducted. However he underlined that all cases are
still being thoroughly, comprehensively and objectively investigated.
The Investigation Department for Corruption, Organised and Official Crimes has most of the cases and is
therefore being prioritised. According to the head of SIS 70-80 % of the cases in SIS are in this investigation
department. These cases are mostly against policemen and other state officials. There are currently no
cases against judges pending with SIS.
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Armenia: State actors, political situation vulnerable groups and citizenship
Meeting with an anonymous source, located in Armenia, 7 April 2016
National Police
In recent years there have been visible positive developments in police activities, but there is still a need for
further improvement. Most complaints from civil society and mass media in 2015 were directed at
i di idual poli e offi e s o du t, espe iall du i g pu li e e ts hile a esti g p oteste s.
The source referred to the most recent detailed reporting by an international oversight actor on the
conduct of police, state security and military
–
it is important to distinguish among those bodies
–
dates
from the October 2014 visit of the Human Rights Commissioner of the Council of Europe.
190
In advance of
the second cycle of the Universal Periodic Review (UPR), the United Nations in November 2014 compiled
the information contained in reports of the treaty bodies and special procedures, including observations
and comments by the Armenian authorities, in reports of the United Nations High Commissioner for Human
Rights, and in other relevant official United Nations documents.
191
The UPR process in early 2015 also
included reports by state authorities, as well as submissions from local and international civil society
organizations. According to the source, taken together, these form the most current record describing the
actions of police and state security. In other words, the most current detailed reporting from official
oversight bodies dates back to 2014.
In addition to the international reporting, the European Court of Human Rights (ECHR) has heard several
cases dealing with torture in police custody such as Virabyan v. Armenia
192
, in which the ECHR concluded
that Virabyan had been subjected to ill-treatment that could be characterised as torture and that the
autho ities i estigatio had ee i effe ti e, i ade uate a d fu da e tall fla ed. Also the ase
Saghatelyan v. Armenia,
193
which is still pending at the European Court of Human Rights, and which
regarded allegations of ill-treatment and humiliations during apprehension and detention and that this was
politically motivated.
In general allegations against police officers, where the allegations do not involve elements that fall under
criminal law, are investigated by the internal security department of the police. High profile cases can be
examined also by the Disciplinary Commission. There have been some recent improvements in the human
resource management of the police, and recruitment to some positions is now made through public
announcements and open competitions.
The sou e efe ed to the US Depa t e t of State s A
sources are cited in reporting deaths in custody:
ual Hu a Rights Repo t fo
,i
hi h offi ial
A ordi g to offi ial data, priso ers died duri g the first
o ths of the year, fro
natural causes and one from accidental electrocution. According to human rights
organizations, overcrowding, the poor condition of the buildings, and negligence in providing
190
191
https://wcd.coe.int/ViewDoc.jsp?p=&Ref=CommDH(2015)2&direct=true
https://documents-dds-ny.un.org/doc/UNDOC/GEN/G14/211/15/PDF/G1421115.pdf?OpenElement
192
http://hudoc.echr.coe.int/eng#{"itemid":["001-113302"]}
193
http://hudoc.echr.coe.int/eng?i=001-124162#{"itemid":["001-124162"]}
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Armenia: State actors, political situation vulnerable groups and citizenship
health care to inmates contributed to the death rate. Human rights observers also noted
there was no proper investigation of these deaths.
194
The source also referred to media reports on several deaths in custody in December 2015 and January
2016.
195
Private conflict
–
police
If a private person has a conflict with another person, the police will normally deal with it. However,
citizens are less willing to involve police or other authorities in conflicts or disputes involving a person who
is ell- o e ted . This past i te , edia epo ted o a t affi i ide t i ol i g a Jeep d i e
the
relative of an influential person. The Jeep crashed into a police vehicle, smashing other cars, too. The
police office ended up being charged with responsibility. Corruption is so widespread in the public and
private sectors that the Prime Minister, who chairs the Anti-Corruption Council, frequently issues
statements on the matter.
The Legal System
The source referred to reports from the Council of Europe and United Nations as cited above, that provide
expert overviews of Armenian legal system.
196
The sou e also highlighted the Repu li of A
system in 2013.
197
Independent Complaint/Appeal Bodies
Ombudsman
The institution of the Ombudsman, the Armenian Human Rights Defender, depends institutionally and by
law on the person who serves in that post. This was especially shown when there was no ombudsman
appointed in the period of December 2015
–
March 2016, and much of the work of the institution could not
proceed.
Constitutional Court
Citizens have access to complain to the Constitutional Court, but only with regards to the constitutionality a
legal act that is applied in a specific case and that is
see as iolati g a pe so s fu da e tal ights a d
freedoms.
Citizenship
Citizenship for spouses in a mixed marriage
According to the law it is possible for spouses of any nationality married to Armenian citizens to obtain
Armenian citizenship. Children of
a i ed a iage ha e the ight to o tai A e ia itize ship.
However, it can also be complicated, not according to the law, but socially.
e ia O
uds a s spe ial epo t o
o uptio i judi ia
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper
http://www.armenialiberty.org/content/article/27488349.html
196
See also the European Commission for the Efficiency of Justice (Council of Europe) report,
European judicial systems
–
Edition 2014 (2012 data): efficiency and quality of justice,
http://www.coe.int/t/dghl/cooperation/cepej/evaluation/2014/Rapport_2014_en.pdf
197
https://www.armenianow.com/society/human_rights/50722/armenia_ombudsman_report_human_rights
195
194
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Armenia: State actors, political situation vulnerable groups and citizenship
Political Situation
Opposition
There have been problematic cases in which activists are held in pre-trial detention for too long on grounds
that especially in high-profile, politicized cases are not always well-founded. Activists may also face
pressure from other inmates, such as those accused of common crimes, while in pre-trial detention.
The source referred to three recent cases often mentioned in the media: Gevorg Safaryan, who was
arrested on 31 December 2015 and is considered a political prisoner by among others the Armenian NGO
Helsi ki Citize s Asse l Va adzo Offi e
198
; Vardges Gaspari who, according to human rights activists,
has been subject to torture and ill-treatment in detention
199
and a group of women who were subjected to
police violence and detained when they demonstrated for the release of fellow party member Gevorg
Safaryan.
200
For a more general background the source referred to the Human Rights Watch Report from 2015, covering
2014.
201
NGOs
The general conditions for NGOs and their members in Armenia are satisfactory. A new law on NGOs is
being discussed in the civil society. Based on experience in other countries, there is some general concern
ega di g hethe a fo eig age ts odel ight egi to e applied i A e ia.
At the same time, there is a general increase in civil activism in Armenia. The demonstrations in the
summer of 2015 against hikes in electricity prices
– also alled Ele t i Ye e a –
are an example of such
activism. There are people who want improvements in the social conditions and believe that through
activism such improvements can be achieved. An example of this was the Mashtots Park Movement in 2012
which protested, successfully, against a governmental decision of building shops in a park in central
Yerevan
.
Freedom of Assembly
There are no major obstacles for people to demonstrate in Armenia. People are generally allowed to
demonstrate whatever the topic is. With the growing civil society movement, there are more
demonstrations, including demonstrations that spontaneously change their route or announced location,
and more cases of intimidation and mismanagement are being reported in media.
Situation for journalists
I so e situatio s jou alists ould e ta geted, as o
Ju e
he poli e dispe sed the Ele t i
Ye e a de o st atio s. But i the est of the de o st atio s a d i othe de o st atio s jou alists
have been able to do their work without being hampered or otherwise targeted. During the Referendum
198
199
http://hcav.am/en/events/20-01-2016-01-en/
https://www.armenianow.com/society/human_rights/70168/armenia_activist_human_rights_vardges_gaspari_jailed
200
http://www.epress.am/en/2016/03/24/demonstrator-injured-as-armenian-police-clash-with-supporters-of-jailed-
oppositionist.html
201
https://www.hrw.org/world-report/2015/country-chapters/armenia
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Armenia: State actors, political situation vulnerable groups and citizenship
for the Constitutional reform in December 2015, some journalists with access to polling stations had their
equipment destroyed.
The most sensitive topic for journalists to cover is revealing compromising information about the highest
levels of power but journalists nevertheless write about these topics extensively.
The Mass Media Law provides good protection of confidential sources of information. Several print
newspapers have reported they received court orders demanding disclosure of confidential journalistic
sources as these newspapers wrote on a high profile criminal case involving a local police chief. These
demands, as well as the subsequent criminal case filed against an editor for non-implementation of the
court decision however were stopped following international and local media organization interventions.
Vulnerable Groups
There have been cases in which teachers belonging to other religious groups who did not want to teach the
history of the Armenian Apostolic Church lost their jobs. Some of the teachers brought the cases to the
courts, but these were not successful.
The LGBT community is especially vulnerable to hate speech in media. There are NGOs and activists that try
to follow up with these cases in the court system, but hate speech is not in the criminal code. Some of
these cases have been forwarded to the ECHR.
Domestic violence
Domestic violence has been a problem in Armenia for many years, but the situation is slightly improving.
There is still a legislative gap, as there is no law criminalising domestic violence and there is so far no
consensus on what domestic violence is.
If a woman files a complaint the primary approach from the police is often to advise the woman to seek the
problem solved within the family. The situation is improving and serious cases will be investigated, but
although the police deal with the case, the case itself is not always categorized as domestic violence. And
without a criminal code definition, its categorization will be inconsistent.
There are no public shelters for victims of domestic violence. In all Armenia there exist only two shelters for
female victims of domestic violence. Both are run by NGOs and are located in Yerevan. In provinces there
are a number of NGOs providing support for victims of domestic violence; however, the majority of victims
still seek protection and temporary space with friends or relatives.
Victims of trafficking
Minors are a vulnerable group for possible sexual and forced labour trafficking in Armenia. The names or
other information on underage presumed and actual victims of sexual trafficking appear sometimes in the
media. The consequence is that the victim can be identified and will be subject to stigmatization and social
exclusion. Minors in child care institutions are one of the risk groups of the society exposed to forced
labour or exploitation.
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Armenia: State actors, political situation vulnerable groups and citizenship
Meeting with International Organisation for Migration (IOM), Ilona Ter-Minasyan, Head of Office,
5 April 2016
Citizenship
Eth i Ar e ia s’ opportu ities to o tai itize ship ithout ha i g li ed i Ar e ia or ha i g li ed
outside Armenia for a longer period of time
Armenians arriving from Syria have access to a facilitated procedure to obtain citizenship and can apply to
the Passport and Visa Department of the RA Police. It takes some months to process a case.
Regarding the requirements for proof of Armenian descent, IOM informed that it is complicated, but the
Armenian Church (which was very well established in Syria) has provided a lot of paperwork including
registration of baptism and marriage performed by the church. In addition, if persons carry Armenian-
sounding names and has knowledge of the Armenian language it may also be considered as a proof of
descent.
According to Ministry of Diaspora of the RA about 20,000 Syrian Armenians have arrived to Armenia since
the crisis in Syria, out of which 17,000 have remained in Armenia. Among the remaining group
approximately 15,000 have obtained Armenian citizenship. Some of them already had Armenian citizenship
before they arrived.
IOM explained that as a rule Armenian Syrians are welcomed by the state in Armenia, but they face socio-
economic problems, as it is difficult for them to find a job in Armenia, and it becomes extremely
problematic for them to cover their daily costs as they also have to rent a shelter. Many of them leave their
families in Armenia and go back to Syria for work, or they find jobs in the Gulf countries, as they are Arabic
speaking. Some migrate to Russia for work, most often together with a local group of Armenians. Finally
others also migrate to Europe.
It is the policy of the Armenian state to attract Armenians abroad to return.
There is a huge Armenian Diaspora in Russia
–
approximately three million. They may hold both Russian
and Armenian citizenship. As of the beginning of 2015, the Russian Federation amended the Law on
Citizenship and according to the amendment, Russian citizens are required to report to the Russian
authorities (Federal Migration Service) if they hold (or acquired) citizenship (or residence permit) of
another country. If dual citizenship is not reported this is sanctioned with a fine RUB 200,000 (approx. EUR
2,700) or equal to one year income or compulsory works for up to 400 hours
202
.
It is not particularly beneficial to obtain an Armenian citizenship for an ethnic Armenian who is holding a
Russian citizenship. The person can stay visa free in Armenia 180 days within one year. Then they have to
register with the authorities and apply for a residence permit. It is fairly easy to stay in Armenia without
citizenship if you are holding a Russian citizenship. The only exception is the lack of the possibility to vote.
IOM referred to the (IOM) Household Survey of 2013 showing that 90 % of the emigration from Armenia
was to Russia. It is easy for an Armenian to migrate to Russia, as there is a visa free regime between the
202
Federal Law on Citizenship of RF (changes), art 6 and 30 -
http://docs.cntd.ru/document/499099534
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Armenia: State actors, political situation vulnerable groups and citizenship
two countries. Traditionally, Russia has been the preferred destination for work migration, but recently this
has changed due to the sanctions imposed on the Russian economy, limiting job opportunities and
devaluation of the currency. This means that a salary in Russian roubles is only worth half of what it used to
be in Armenian drams. In addition, Russia has from the beginning of 2015 implemented a stricter migration
policy which among others includes imposing entry bans on persons who violated migration legislation
while in the Russian Federation. This has affected approximately 60,000 Armenians who used to travel back
and forth to work.
Mixed marriages and children of mixed marriages
Nagorno-Karabakh is an un-recognised territory and Armenians born and living in Nagorno-Karabakh will be
able to relocate to Armenia. They travel on Armenian passports in which it is stated that place of birth is
Nagorno-Karabakh. According to IOM no Azerbaijanis live in Nagorno-Karabakh today, maybe some elderly
Azerbaijanis are left, all others are Armenians. However, there is only limited information on the situation
in Nagorno-Karabakh, as only few NGOs operate there, ICRC being one of them.
It is difficult to say if spouses from Nagorno-Karabakh who are holding an Azerbaijani citizenship and
married to Armenian citizens will be able to obtain Armenian citizenship. Acquisition of the citizenship in
such cases is not prohibited by the Law on Citizenship
203
, however cases of granting citizenship or refusing
one (on this ground) are not known to IOM, perhaps due to nonexistence.
As regards children of a mixed marriage of Armenians and Azerbaijanis, it is in principle possible for them to
obtain an Armenian citizenship, but such cases are not known to IOM. These persons will try to settle in
countries where they are not facing problems. It would definitely be problematic for them to settle in
Armenia.
Armenians who return from Russia with Russian spouses and children do not face problems for themselves
or their families. They can apply for and obtain Armenian citizenship, if they have documents. Today
children are registered at birth in even the most remote areas, but if they do not have proof of being
Armenians, they may face problems. The Armenian authorities are strict when it comes to documentation,
and there could be some administrative barriers, since the Armenian authorities do not proactively engage
i egotiatio s ith fo i sta e the Russia autho ities ega di g su h a hild s pape o k. I this
connection IOM mentioned that the Armenian Church does not play the same role in Russia, as it does for
instance in Syria, and there might not be any registration of birth or marriage with the Armenian Church in
Russia.
Applying for citizenship outside Armenia
According to IOM it is possible to apply in some of the larger embassies abroad, however it may not be in
all places.
Loss of citizenship
It is possible to renounce an Armenian citizenship on a voluntary basis. There might be single cases in which
a person might lose his/her citizenship, but the source was not aware of any particular cases.
203
http://www.mfa.am/u_files/file/dualcitizenship-final-eng.pdf
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Armenia: State actors, political situation vulnerable groups and citizenship
Corruption
Whether corruption would have an influence on the processing of an application for and granting of
citizenship, IOM mentioned that one often hear that corruption is widespread in Armenia, but according to
IOM one cannot say it would have an influence on the decision of granting a citizenship. However, it could
not be excluded that bribe may have an influence on the speed by which an application is processed. The
authorities have a solid understanding of the sensitive issues of proving ethnicity and hypothetically the
paperwork in such a case could possibly be influenced by corruption, but IOM is not aware of such cases.
Vulnerable groups
When asked about vulnerable groups in Armenia, IOM mentioned that Armenia is a homogeneous society
with more than 95 % of the population being ethnic Armenians. There is a small Yezidi minority which
receives certain attention and assistance, but the group does not constitute a vulnerable group as such.
LGBT was mentioned as a group for which the tolerance is not high, and especially at some work places this
group could face discrimination and problems. On the other hand, this group has also received attention
and assistance of civil society groups.
Regarding gender discrimination and violence against women, IOM found that in general the issue is a bit
over-reacted. Active women NGOs have brought up the issue and Armenia is also a party to
the Convention
on the Elimination of All Forms of Discrimination against Women (CEDAW).
According to IOM, there is a
problem, but it is not that big, and women in Armenia in general do not face violence. The problem is
visualised through the way women are treated when they approach the law enforcement authorities when
reporting a problem. The law enforcement authorities lack the knowledge and the proper training to deal
with such issues. Facilities for women are also missing. According to IOM, the consumption of alcohol in
Armenian households is low, which could indicate that the risk of violence as a consequence of alcohol
consumption is also low. On the other hand, seasonal male migration is frequent which means that women
are head of households for periods of time, which could create tensions when the husbands are returning.
However, IOM would not deny that the problems exists, but the fact that people live in extended families
with parents and brothers would also provide mechanisms within the families which could prevent
violence.
Certain criticism has also been raised in relation to discrimination against women, but according to IOM the
legislatio ega di g o e s i i a d politi al ights is ge de eut al, a d o e ha e e ual a ess to
a ious ights. At the la ou a ket, o e ea
% of a a s ages a d a e ofte e plo ed i
midlevel or lower level jobs. It also depends on the sector where they are employed. Whether it is a rural or
urban setting also has an influence. 62% of persons enrolled in higher education however are women.
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Armenia: State actors, political situation vulnerable groups and citizenship
Meeting with an International Organisation (1) in Yerevan, 13 April 2016
The Legal System
On a formal level, the Police of the Republic of Armenia and the judiciary appear well-functioning.
Practically however, there are several problems and challenges that raise international concern. Both police
and judiciary are corrupt. Cases are being closed or postponed indefinitely due to the administrative/ legal
loopholes or corruption. Reform of the sector is supported financially and technically by donors for a long
period, however it requires stronger political will and determination of the decision-makers.
International organisations usually conduct negotiations in questions related to improving the human rights
situation through legal reforms. Even though officials publicly endorse reform initiatives, the process often
terminates at the political level. Frequently, the adoption of good quality draft legislation is delayed or
when adopted, it is not sufficiently implemented. There are also "last minute changes" introduced in the
draft law shortly prior to its adoption. Given the new Constitution adopted by a referendum in December
2016 (marked by a high number of alleged fraud and irregularities), the Ministry of Justice and other line
ministries are overloaded with drafting the necessary secondary legislation (around 100 by-laws to be
adopted).
Earlier, there was no definition of torture in the Armenian legislation. In June 2015, the government
approved amendments to the Criminal Code, aligning legislation with the Article 1 of the UN Convention
against Torture. Torture, as previously defined, did not include crimes committed by public officials, only by
individuals acting in a private capacity; neither could reports be investigated on other grounds than victims'
complaints. The plan to align Armenia's legislation and practice with the standards of the Council of
Europe's Commission for the Prevention of Torture (CPT) needs to be fully implemented. The criminal
justice bodies kept relying on confessions and information obtained during questioning to secure
convictions. Procedural safeguards against ill-treatment were missing. Allegations of instances of torture
and mistreatment during pre-trial investigations, were not properly investigated.
The adoption of the revised Criminal Procedure Code, including the definition of torture, is still pending and
the implementation is in a draft version.
Ombudsman (Human Right´s Defender)
The Human Rights Defender was recently appointed by the majority of the National Assembly following an
ambiguous resignation of the previous one (probably following his criticism of the conduct of the December
2015 Constitutional referendum). The commitment of the staff is high; their work is characterised with
quality and expertise. However, there are concerns about insufficient budget of the Office to fully perform
all its functions, in particular of the National Prevention Mechanism against Torture´s team (UN CAT) to
perform monitoring in all regions and the remaining (part-time) regional offices.
204
The Annual Report is a
very long detailed legal analysis, not user friendly material for the public and lacks clear information on the
follow-up on all HRD´s recommendations by various state bodies. Since the financing of the institution is
204
In addition, the new Ombudsman publicly announced his intention to establish a Child Rights Unit in Armenia (as
recommended by the United Nations Committee on the Rights of the Child) which will require additional resources for its
staff and implementation of its monitoring and other functions.
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Armenia: State actors, political situation vulnerable groups and citizenship
confined; there are limits on areas of action in which the Ombudsman can operate. The staff has to be
careful in dealing with state authorities.
The Ombudsman has established a hotline for citizens and the hotline is manned at all time. However, due
to limited staff of the office only five employees are in charge of the hotline which covers the entire
country.
Only about one third of the recommendations of the Special Report of the Ombudsman in 2013 are
implemented. The remaining recommendations and requests are implemented either partially or not
implemented.
A new draft Law on Anti-Discrimination is being drafted by the Ministry of Justice and civil society
organisations. The law foresees establishment of an equality body to be placed within the Ombudsman´s
Office. Unless the Ombudsman receives more staff in connection with the Council, it raises serious
o e s ega di g the apa it of the O uds a s Offi e.
The Ombudsman was approved by the ruling majority at the National Assembly; thereby he is restricted to
some extent. Furthermore, his work is carefully monitored by the government.
Political Situation
Opposition
The political situation in Armenia is still influenced by the events in 2008 when the Police violently
dispe sed the oppositio s de o st atio s e di g up ith de o st ato s killed, the fo
er (first)
president was put in house-arrest and a 20-day state of emergency declared. This has led to an opposition
which is weak and fragmented.
The political environment is not free and competitive. All government institutions are attached to the ruling
coalition
–
the Republican Party and the nationalist Armenian Revolutionary Federation
(Dashnaktsutyun
)
.
There is a general public distrust in the political system. Furthermore, the government has tightened the
grip on the opposition and activists. This
is due to the fea of the ou t s leade ship ith ega d to a
mobilisation of the opposition. If elections were free and fair the ruling elite would not win that easily. The
escalation of the crisis over Nagorno-Karabakh at the beginning of April 2016, has contributed to a
temporary improvement of the relations between the government and the parliamentary opposition
parties.
However, the electoral reform (drafting of the new Electoral Code stemming from the new Constitution
adopted by referendum in December 2015) is marked by divisions. The main opposition party and the civil
society organisations push for incorporation of all Venice Commission and OSCE/ODIHR recommendations.
The Electoral Code includes restrictions on forming coalition in the second round for the National Assembly,
on the domestic and media observers etc.
There are calls for cooperation among the opposition parties
–
Armenian National Congress (ANC), the
Heritage Party and the former Rule of Law Party (recently renamed to the Armenian Renaissance party).
This is the first sign that the opposition is creating something constructive. Furthermore, there are some
parties not represented in the National Assembly that are trying to rally for participation in the 2017-
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Armenia: State actors, political situation vulnerable groups and citizenship
elections. It is, however, still a question if they would be able to mobilise support from the youth and pro-
European part of the population.
In general, the opposition lacks funding. There are not many wealthy people willing to finance the
opposition, since businessmen are reluctant to finance the opposition after the 2008 events, and last year´s
pressure on the Prosperous Armenia party,which became pro-governmental.
Civil Society
The go e
e t s app oa h to CSOs i il so iet o ga isatio s /NGOs a d the i il so iet i ge e al
is
formal. The civil society is not seen as a partner and is looked upon as an obstacle which criticises the
government, and which does not contribute to a dialogue. However, there are platforms for dialogue and
consultative sessions are organized by some
i ist ies o state odies. So e CSOs fo ulatio s a e
included in draft legislation.
The CSOs are funded by international donors. In this respect, the agenda is set by donors, not necessarily by
civil society organisations.
The second challenge for the independence of CSOs is that they are counterbalanced by pro-governmental
NGOs
–
so-called GONGOs that are funded by the government and have more space in government-
controlled/friendly media.
Finally, there are a small number of independent anti-governmental activists who engage in guerrilla-style
protests.
When asked if NGOs or civil society activists are subject to persecution, the interlocutor replied that some
activists have been repeatedly put in pre-trial detention for 72 hours or longer without being formally
charged. Article 316 in the Criminal Code (hooliganism) has been used against activists. Article 316 covers
violence against a representative of the authorities (disobey the order of a public security body) and the
police uses this provision in various matters during demonstrations or gatherings.
The interlocutor mentioned the case of a well-known political activist who has been repeatedly detained in
a number of cases related to various demonstrations, including the so-called Christmas tree happening on
31 December 2015. Also the case of a former war veteran, who was sentenced to six years imprisonment
for alleged fraud after participating in a demonstration, was mentioned. The case has been filed at the
ECtHR.
Regarding subjects which are sensitive for NGOs or civil society activists to deal with, the interlocutor
pointed at the conflict in Nagorno-Karabakh and the relations to Turkey vis-á-vis the Genocide.
Freedom of Assembly
There is freedom of assembly in Armenia. However, there are some restrictions. According to the law,
when a small group of people gathers, there is no need to apply for municipality´s permission. But in
p a ti e the poli e a e alle gi to allo de o st atio s i the i i it of the P eside t s offi e, eside e
or the National Assembly. Secondly, the police often overreact
–
the amount of police officers often is
double or three times higher than the number of demonstrators.
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Armenia: State actors, political situation vulnerable groups and citizenship
Si e the e d of
the autho ities p essu e o i il so iet a ti ists has i eased e e
though
demonstrations have been about social issues such as pensions and transport and electricity prices. These
de o st atio s ha e ee su essful i gathe i g people s suppo t. I the Ele t i Ye e a su
e
demonstrations, the police used water cannons to disperse the demonstration. Some activists have
systematically been detained for two - three hours in administrative detentions. The detainees were not
subjected to ill-treatment, but their mobile phones and other communication devices were taken from
them.
Overall, there seems to be a less tolerant approach towards demonstrations in the last months.
Freedom of Speech
In comparison to neighbouring countries, there is a freer environment of freedom of speech in Armenia.
Everyone can express his or her opinion in the public or online freely. However, the only truly free media in
Armenia is the internet. TV-channels and printed media are under influence of political and business
interests. Any criticism against the government in these media, would be rejected by the editor-in-chief.
Journalists have in general imposed self-censorship. Journalists are poorly paid.
90 % of the Armenian population follows Russian media. Furthermore, Russia is using the media to
communicate pro-Russian views
–
and spread anti-European and anti-Western propaganda (notably
manipulation of articles related to gender equality, anti-discrimination or protection of rights of LGBTI
persons).
Investigative journalists can freely publish online. However, as they are faced with small funding, their
findings cannot reach the wide Armenian public.
Last year alone, there have been several incidents of violence against independent online journalists and
hampering of their work. If journalists try to complain through the legal system they are often met with
ignorance. The judiciary is not independent and if a judge decides against the ruling elite, it could have
severe career consequences.
Vulnerable Groups
Domestic violence in Armenia is underreported which has caused international concern. 30 women were
killed in connection with domestic violence in the past years. However, it is difficult to obtain realistic
statistics on victims of domestic violence in Armenia, since the police only keep track of official cases. There
are a large number of unreported cases.
Armenia is a small, conservative country with a strong patriarchal society. In rural areas women often get
married early; give up their education and live with their parents-in-law. Additionally, traditional and
religious observances influence on the fact that it is difficult for women to return to their own family,
because divorce is not accepted. This makes the women vulnerable in case of domestic violence. Domestic
violence is more widespread outside the major cities.
The number of shelters available to female victims of violence is very limited, and they are run by the civil
society organisations. The government will receive donor support to build new shelters, but they are not
operative yet.
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Armenia: State actors, political situation vulnerable groups and citizenship
There are many barriers to report a criminal offence concerning domestic violence
–
most women probably
would not report such cases. Even though the authorities state that there are female police officers, these
have not been observed at rural police stations. Male police officers in rural areas will often be a friend of
the offending husband. When reporting domestic violence, women can be subject to victim-blaming
–
that
is the women could be accused of being the cause of troubles, since the general opinion is that domestic
violence is more or less normal. In general domestic violence is considered a family matter. There are also
traditional attitudes such as shame on the family put by the victim as a consequence of not knowing one´s
rights.
There is an international pressure to adopt new law on domestic violence in Armenia (the previous attempt
failed due to propaganda and resistance of hard-line politicians). The process was postponed, because the
government has been reluctant to discuss domestic violence and gender equality related issues
–
a
question (artificially) often tied to a debate on LGBT.
There are problems with protection of LGBT rights in Armenia. There is no law on discrimination in Armenia
to protect LGBT groups and other vulnerable groups which is a concern. Formally, steps have been taken to
fulfil this requirement but so far it has not happened. The international community strongly supports
drafting, consultations and adoption of the anti-discrimination law in Armenia.
Another vulnerable group is children. Children are often exposed to violence either from their parents or
their older siblings. This is mainly because of the major problem of poverty in Armenia.
Children remain among the poorest groups of society with a higher risk of poverty for children with
disabilities, younger children, those with more siblings and those living in female headed households. There
is no clear and legally binding distribution of functions between social protection and child services.
According to
the Child Po e t i A e ia
-
Child Needs
Su e , o
issio ed
by UNICEF and
conducted in partnership with the National Statistical Service of Armenia (published in January 2015), some
3.3% of children up to 18 in Armenia live below the extreme poverty line and 34.0% live below the poverty
line. Child poverty rates substantially vary across regions - from the highest 49.6 % in Shirak region
to the lowest 13.5% in Aragatsotn region. Although only 1.2% of children have disabilities, 52.1% of them
are poor. Such children comprise 1.8% of poor children and are furthest from the poverty line on average
by 16%. 19% of children under five years of age is undersized (stunted) or regularly malnourished while 10
% were extremely stunted. Stunting level slightly differs for boys and girls (19.1 % and 19.8 % respectively).
The situation is somewhere so difficult that poor families institutionalise their healthy children in mental
institutions, because they will receive food and clothing.
There are hidden issues with religious freedoms. There are reports on discrimination against Islamic
minorities, Iranian tourists and the Yezidi minority of religious reasons.
Regarding the latter the Yezidi minority complains that they are not provided positions in decision-making
bodies at central and local level (but the new Constitution stipulates minority seats in the National
Assembly), that they lack financial resources for their civil society organisations, and that they are not
provided with sufficient space in the media (though there is a radio programme in the respective language).
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Armenia: State actors, political situation vulnerable groups and citizenship
Meeting with a representative of an International Organisation (2), 5 April 2016
Political Situation
The political opposition is not a strong opposition. However, there can be occasions when the opposition is
joined in common goals. When there is a crisis situation the opposition can join forces with the government
as is the case concerning the situation in Nagorno-Karabakh. Under such circumstances the opposition
actually has a say.
The opposition and the civil society can unite on some important issues and thereby put pressure on the
government in order to alter or change its decisions. An example of the creation of a common front against
the go e
e t is the ase of Ele t i Ye e a
he NGOs, i il so iet a ti ists a d the oppositio
protested against hikes in electricity prices.
There is a broad variety in the agendas of civil society activists and NGO groups. These could be human
rights, ecological-environmental issues, economical issues like the Electric Yerevan, preservations of historic
buildings like the Mashtots Park, etc.
However in case of Nagorno-Karabakh the situation is different as activists, officials and others who
normally would not be in the same room may join the forces.
According to the source the civil society is not facing persecution by the authorities. There are some
reported violations, but in general freedom of speech and freedom of assembly are preserved and critical
attitudes towards the government are possible.
Freedom of assembly
There has been a positive development in Armenia and in general, there is Freedom of Assembly.
Applications to the municipality for permission to demonstrate are most often accepted. Demonstrations in
Yerevan are usually held on the Freedom Square. However, when New Armenia wanted to demonstrate
around New Year 2015/16 in Yerevan, it was not allowed because it was a public holiday.
The demonstrations against the hike in prices in electricity last summer (2015) were taking place between
the Natio al Asse l a d the P eside t s Reside e. People e
e sleeping there and blogging the street in
the night. In the morning the street was cleared. There was some form of dialogue with pro-government
affiliates who tried to convince the demonstrators to move to Freedom Square. Unfortunately, after one
week of evidence of good crowd-management, the police dispersed the demonstration by use of violence,
which received a lot of media attention.
When asked if there were any groups or subjects that may not receive a permission to demonstrate, the
source mentioned that members of the LGBT community and demonstrations regarding LGBT rights would
probably not be allowed. The authorities accept NGOs working with LGBT rights, but in the public sphere
the acceptance and tolerance towards members of the LGBT groups are low.
Freedom of speech
Freedom of speech is in general applied for the media. However, some media are under influence of
financial interests.
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Armenia: State actors, political situation vulnerable groups and citizenship
The television media is to some extent under the influence of - or directly owned by - the so-called
oligarchs
–
a group of very wealthy businessmen that controls a dominant part of the Armenian economy.
The oligarchs participate in the political processes; many are members of the National Assembly. There was
a case when an oligarch supporting the opposition was threatened by the government and an investigation
of his business was initiated.
Journalists are not in prison in Armenia and they can be critical towards the government. In few cases their
work is hampered, but the situation is better than in some of the neighbouring countries.
According to the interlocutor there are a few investigating journalists working for the internet media Hetq.
Hetq is usually very critical towards the government, and has also been very vocal and very critical in
reporting on violations by high ranking officials, but this has not had any consequences for the media or the
journalists.
The activity on social media is extremely high and much organised. The authorities do not block or censor
the content on the online media. However, it is possible that a degree of self-censorship prevails.
Furthermore there have been attempts of hate speech, but these have calmed down.
Legal System
The judicial system in Armenia is characterised by a general distrust of the population.
Access
A common citizen has access to file a case with the courts, but the outcome of the legal proceedings is
questionable and unpredictable. Different factors influence the case.
The biggest challenges in the legal system and the rule of law is the lack of an independent judicial system,
the limited disciplinary measures towards judges and insufficient training of judicial personal with the aim
of ensuring human rights standards.
With regard to access to a fair trial, the source referred to the report from the Commissioner for Human
Rights of the Cou il of Eu ope Nils Muiž ieks f o
. The follo i g issues e e highlighted:
The equality of arms between the prosecution and the defence which is a fundamental aspect of a fair trial,
are not fully effective in practice in Armenia. In particular, access to a lawyer at the outset of police custody
remains problematic.
The access to legal aid also remains an issue. It is questionable if there is an access to free legal aid via the
defence institutions such as the
Pu li Defe de s Offi e. These i stitutio s ha e a huge ase load a d
severe problems with funding of their activities. The heavy workload, the insufficient number and low
salaries of public defenders are not conductive to the delivery of quality legal aid. There are between 6 and
7 judges per 100 000 inhabitants in Armenia, which is a lower figure than in most European countries (the
European average is 21). The workload of judges at all levels is high.
It was further highlighted that the frequent resort to pre-trial detention as a preventive measure give
reason to concern, in particular regarding to the unlawfulness of detention and specifically to the absence
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Armenia: State actors, political situation vulnerable groups and citizenship
of a court decision on detention, the unreasonable length of pre-trial detention, the lack of relevant and
sufficient reasoning by courts while considering detention and its extension or automatic rejection for bail.
Integrity
The Armenian judges are appointed by the RA president which highlights the question of independency in
the system. However, the upcoming constitutional reform can contribute to positive changes in this regard.
The
epo t f o the Co
issio e fo Hu a Rights of the Cou il of Eu ope Nils Muiž ieks,
addressed the issue of independence of judiciary highlighting the pressure exerted on individual judges by
higher judicial instances, mostly by the Court of Cassation, making judges obliged to obtain guidance from
the judges of the Court of Cassation before ruling on sensitive cases.
Asked to what extend corruption is involved in the processing of cases, the source referred to the Special
Report of the Human Rights Defender from 2013 in which the mechanisms of corruption is described and
which revealed that a significant corruption affects all judicial instances, with judges taking bribes at various
levels.
The persisting reports of torture and ill-treatment by the police and other law enforcement agencies, often
with a view to obtaining confessions, are a major concern identified by the European Committee for the
Prevention of Torture (CPT). According to the report from the Commissioner for Human Rights of the
Cou il of Eu ope Nils Muiž ieks f o
, the elia e of i estigati e odies o o fessio s a d
information obtained during questioning with a view to securing convictions and the lack of procedural
safeguards against ill-treatment from the very outset of custody provide favourable grounds for the
occurrence of such abuse.
Independent complaint bodies
When asked about the effectiveness of the Ombudsman, the interlocutor stated that it is a question of
commitment. The newly appointed Ombudsman made positive changes while he was a Deputy Minister of
Justice. He was also a former member of the European Committee for the Prevention of Torture.
Everyone can contact the Ombudsman and get some kind of assistance. The hotline at the Ombudsman
works and the ombudsman also has two to three local mobile groups around the regions of Armenia, but
the help is only on a short term.
According to the source the Constitutional Court deals with violations of the basic Human Rights and the
constitutionality of laws. The Constitutional Court has passed a few verdicts against the Government and
the Government is obliged to follow the verdicts and recommendations from the Constitutional Court.
Vulnerable Groups
With regard to the general situation for vulnerable groups there have been some positive developments
among other things a new law on prevention of discrimination, which have been drafted together with
NGOs and the Ministry of Justice.
Domestic violence continues to remain a problem. The finalisation and the approval of the draft Law on
domestic violence is still pending. The issue has been tied up to gender equality and a couple of years ago
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Armenia: State actors, political situation vulnerable groups and citizenship
NGOs working with gender equality, LGBT and domestic violence received threats and were targets of hate
speech. With the support of the international community the government made a positive effort to stop
the more conservative part of the debate. However, the term of gender equality was toned down.
A o di g to a su e o du ted the Wo e s Resou e Ce te the u e of ases elated to do esti
violence is increasing. However, according to the interlocutor it is difficult to estimate whether it is
domestic violence that has increased or it is the reporting that is improved.
According to the source the issues of domestic violence and the lack on independence and accountability in
the judicial system in Armenia have been raised, and this has been well accepted by the government.
A new vulnerable group seems to be ethnic Armenian refugees from Syria. They are profiled as a group that
will be moving on and although they are included in the Armenian society, the level of unemployment
often makes them leave Armenia.
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Armenia: State actors, political situation vulnerable groups and citizenship
Meeting with an International Organisation (3) in Yerevan, Armenia, 8 April 2016
State Actors
The National Security Service (NSS) is playing a strong role in asylum cases. Upon request of the State
Migration Service, the NSS will issue an opinion in each case handled by the State Migration Service (SMS).
The security service objects to certain cases with reference to security threats. These objections are written
in one line without further explanation. The SMS usually does not assess security matters as it is not the
competence of SMS to do so according to the law but instead is following the opinion of the National
Security Service. The role of the courts is important. Courts in Armenia have not been willing to assess cases
but have referred cases back to the SMS which have rejected certain profiles from certain countries based
on NSS opinions. The courts have largely refused to assess the merits of an asylum claim but look only at
procedural issues.
Judges do not specialize in certain fields (e.g. asylum cases). For further information the source referred to
a study made by an organisation which is available from the UNHCR webpage
205
.
Human Rights Defender/Ombudsman
According to the source the UNHCR and the Ombudsman have a Memorandum of Understanding regarding
the administrative handling of asylum cases. The Ombudsman cannot enter the judicial level. The Office of
the Ombudsman has set up a focal point regarding refugees and provides advice on certain legal matters
concerning refugee cases. The Ombudsman is doing detention monitoring and the source has assisted in
training the monitors.
Citizenship
Regarding Armenians from Syria arriving in Armenia, although citizenship is not granted automatically they
do have access to a facilitated procedure to obtain citizenship.
It is the Passports and Visas Department of the RA Police which is processing applications for citizenship,
but only the RA President can grant a citizenship, and there is no appeal.
Applications in/outside Armenia
With regard to the procedure for acquisition of RA citizenship, the source referred to the UNHCR
HANDBOOK OF FREQUENTLY ASKED LEGAL QUESTIONS
206
in which it is stated:
1. The person shall personally submit an application to the Armenian diplomatic mission or consular
service in a foreign country, or, on the territory of the Republic of Armenia
–
to the Passports and
Visas Department of the RA Police, which is the authorized state governance body in the frame of the
RA Police.
2. For the collection of additional information about the applicant, the documents will be sent by the
Passport and Visas Department to:
- RA Ministry of Foreign Affairs;
UNHCR,
Study on the reviewing powers of the administrative jurisdictions of the Republic of Armenia in refugee
status/asylum cases,
Yerevan December 2015,
206
http://www.mfa.am/u_files/file/syria_brochure_eng.pdf,
page 10
205
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Armenia: State actors, political situation vulnerable groups and citizenship
- National Security Service.
3. After the collection of comprehensive information, the Passports and Visas Department of the RA
Police shall send the documents to the Staff of the RA President.
4. The applicant shall be notified that the documents were sent to the Staff of the RA President.
5. The President of the Republic of Armenia will issue a decree on granting RA citizenship.
6. The applicant shall be notified in order to familiarize himself/herself with the excerpt from the
decree of the RA President and participate in the oath ceremony.
7. The person shall be issued a passport according to the procedure set forth the by the law.
Applications and petitions concerning citizenship issues shall be submitted in writing and considered
within a six-month period. In case the application is rejected, the respective person shall be allowed to
re-apply after one year from the date of rejection.
The Department sends the information on the process of applications regarding the acquisition of RA
citizenship to the e-mail address of the applicant and/or mobile phone through SMS in a 3-day period,
if the applicant has voluntarily filled in his/her e-mail address and/or mobile phone number in the
questionnaire.
The applicant may be informed about the process of the application also through the official website
of the Department, by inserting the individual code provided to him. The individual code is provided
after the application is filed with the Department, by the e-mail address of the applicant or through
the mobile phone number, simultaneously with the information being sent through SMS.
Requirements to documentation
According to the
UNHCR HANDBOOK OF FREQUENTLY ASKED LEGAL QUESTIONS
207
the following documents
are needed to apply for RA citizenship:
1. application;
2. passport and a copy of the passport;
3. 6 (colour) photographs of 35 x 45 mm size;
4. birth certificate and a copy of the birth certificate;
5. marriage certificate and a copy of the marriage certificate;
. the spouse s passpo t a d a op of the passpo t, o a e tifi ate of the spouse s itize ship;
7. birth certificate of the child and a copy of the certificate, or the certificate that certifies RA
citizenship and a copy of the certificate, or the passport of the RA citizen and a copy of the passport.
8. residence certificate of a stateless person and a copy of the certificate, or the travel document and
the document certifying the RA residence status and copies of these documents;
9. any of the documents certifying that the applicant is of Armenian origin (in case of applicants of
Armenian origin);
207
http://www.mfa.am/u_files/file/syria_brochure_eng.pdf,
page 9
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Armenia: State actors, political situation vulnerable groups and citizenship
10. document certifying the payment of the state fee (AMD 1,000).
Who can be granted RA citizenship?
According to the
UNHCR HANDBOOK OF FREQUENTLY ASKED LEGAL QUESTIONS
208
the following persons
have the right to apply for RA citizenship:
Any legally competent person, who is 18 years of age, is not an RA citizen, resides (stays) in a foreign
country or lawfully resides (stays) in the Republic of Armenia, may apply for acquiring RA citizenship, if
he/she:
1) has been lawfully residing on the territory of the Republic of Armenia for the preceding 3 years;
2) is able to explain himself/herself in the Armenian language;
3) is familiar with the Constitution of the Republic of Armenia.
The above mentioned refers to persons of non-Armenian origin.
Persons of Armenian ethnicity acquire RA citizenship through a simplified procedure; for the latter the
above listed three conditions are not mandatory.
A person who is not an RA citizen may be granted RA citizenship without being subject to the 1st and
2nd conditions set above, if he/she:
1) is married to a citizen of the Republic of Armenia or has a child who holds RA citizenship,
2) has parents or at least one parent that has held RA citizenship in the past or was born on the
territory of the Republic of Armenia and had applied for RA citizenship within 3 years of attaining the
age of 18;
4) has renounced RA citizenship of his/her own accord after January 1, 1995.
Arti le
RA Citize ship
of the RA La
O
Mixed marriages and children of mixed marriages
Regarding citizenship based on mixed marriages of Armenians and Azerbaijanis and children of mixed
marriages, the source referred to a case in 2014 where the Armenian authorities had given access to the
territory and to the asylum procedure to a couple from Azerbaijan with a man of Azeri ethnicity and a
women of mixed Azeri-Armenian origin. The Armenian authorities requested the assistance of UNHCR to
re-settle the family, as the Azerbaijani husband would never be able to get a job in Armenia due to his
nationality and the children of such marriage would be harassed in school. Concerns over the possible
safety of the family in Armenia were also acknowledged by UNHCR and the authorities. According to the
source the UNHCR had tried to facilitate the re-settlement of the family with three children; however the
family left Armenia on their own not waiting for the outcome.
Children of mixed marriages
Child e s possi ilities to o tai RA itize ship if pa e ts ha e RA itize ship a e su je t to follo i g
conditions according to
UNHCR HANDBOOK OF FREQUENTLY ASKED LEGAL QUESTIONS
209
:
208
209
http://www.mfa.am/u_files/file/syria_brochure_eng.pdf,
page 8
http://www.mfa.am/u_files/file/syria_brochure_eng.pdf,page
11
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Armenia: State actors, political situation vulnerable groups and citizenship
A child under the age of 14 whose parents have acquired RA citizenship shall acquire RA citizenship
automatically.
If the parents have acquired RA citizenship, their children of 14-18 years of age shall acquire RA
citizenship in case of their written consent.
If one of the parents has acquired RA citizenship, while the other is a foreign citizen or a stateless
person, the child shall acquire RA citizenship, if both parents consent, or if the child resides on the
territory of the Republic of Armenia and the parent who holds RA citizenship consents.
A child of foreign citizens who have acquired RA citizenship shall acquire RA citizenship on the basis of
an application submitted in accordance with the procedure stipulated in RA legislation to receive a
passport of a citizen of the Republic of Armenia
.
Arti le 6 of the RA La O RA Citize ship
If a child is born after parents acquire RA citizenship, the following conditions apply
210
:
A child, both of whose parents hold RA citizenship at the time of his/her birth, shall acquire RA
citizenship regardless of his/her place of birth.
A child, one of whose parents holds RA citizenship at the time of his/her birth, while the other parent
is unknown or is a stateless person, shall acquire RA citizenship.
If one parent holds RA citizenship at the time of
the hild s i th, a d the othe pa e t is a fo eig
itize , the hild s itize ship shall e dete i ed the utual itte o se t of oth pa e ts. No
special format for the consent exists. The consent needs to be signed by both parents. In case one of
the parents is absent from Armenia, his/her signature needs to be verified by a notary.
In the absence of such consent the child shall acquire the citizenship of the Republic of Armenia, if
he/she was born on the territory of the Republic of Armenia, or if he/she would become a stateless
person if he/she does not acquire citizenship of the Republic of Armenia, or if the parents
permanently reside on the territory of the Republic of Armenia.
Arti le of the RA La O RA
Citize ship
Regarding the possibility for adult children of mixed marriage between an Armenian and an Azerbaijani be
able to obtain Armenian citizenship, the source stated that by law it would be possible that they receive
citizenship, but, in practice, the source was not aware of such cases and considers it likely that such
applicants would be treated with suspicion.
Eth i Ar e ia s’ opportu ities to o tai itize ship ithout ha i g li ed i Ar e ia or ha i g li ed
outside Armenia for a longer period of time.
According to
UNHCR HANDBOOK OF FREQUENTLY ASKED LEGAL QUESTIONS
211
,
the documents to certify
being of Armenian origin are the following:
Passport bearing a note about being of Armenian nationality;
Birth certificate bearing a note about being of Armenian nationality;
Residence certificate of a stateless person,6 travel document, document certifying the residence status
in the Republic of Armenia, bearing a note about being of Armenian ethnicity;
210
211
http://www.mfa.am/u_files/file/syria_brochure_eng.pdf,
page 12
http://www.mfa.am/u_files/file/syria_brochure_eng.pdf,
page 9
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Armenia: State actors, political situation vulnerable groups and citizenship
Document on baptism issued by church institutions listed in the Annex 4 of the RA Government decree
No. 1390-N (adopted on November 23, 2007)7, and approved by a Republic of Armenia diplomatic
representation or a consular body in foreign countries, bearing a note about the baptized person or
his/her parent being of Armenian ethnicity;
Document on being of Armenian ethnicity issued by authorized bodies in a foreign country and approved
with an apostil or consular validation;
Other documents substantiating the circumstance of being of Armenian origin, approved by a Republic of
Armenia diplomatic representation or a consular body in foreign countries;
The birth certificate of a parent (or grandfather, grandmother, sister or brother) or other identification
document bearing a note about being of Armenian ethnicity. You may also submit the birth certificate (or
a othe do u e t e tif i g eth i it of ou othe o siste f o fathe s o othe s side if ou
consanguineous parent is ethnic Armenian. In case of submitting a document stated in this point it is also
necessary to submit a document confirming the relationship with the relevant person.
Loss of citizenship
The source did not have any information on conditions for loss of citizenship but has knowledge of cases
where Armenians have renounced their Armenian citizenship in order to obtain Russian citizenship.
According to the law, the president has to grant the renouncement of citizenship.
The source also knew of cases where a person has renounced his or her Armenian citizenship and has not
applied for it to be reinstated if the person is not granted citizenship in another country. The person will
then approach the Visa and Passport Department of the RA Police in order to obtain an ID card for stateless
persons.
Vulnerable groups
The international organisation referred to public sources that there is a general lack of protection for LGBT
refugees.
The e ha e ee ases of efugees ho e e Jeho ah s Wit esses a d e e eje ted
Service based on the opinions of the National Security Service.
State Mig atio
Yezidis are on the other hand recognized as a minority group in Armenia. Recently, 19 persons entered
Armenia from Iraq and received refugee status. The minority group represents 2-3% of the Armenian
population.
Civil society activists
NGOs do not have a strong voice in Armenia. NGOs that are successful in Armenia are often supported by
the government. Few of them do advocacy for refugees. The government has some formal consultations
with the NGOs in various contexts, but no real dialogue with these organizations take place.
Media
The media are mostly free depending on the issue they report on. If the topic is not sensitive, then it is
possible to state that the media is free, but if it is a topic related to Nagorno-Karabakh or the Government,
then the media exercises a greater degree of self-censorship.
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Armenia: State actors, political situation vulnerable groups and citizenship
Meeting with Western Embassy (1), in Yerevan, Armenia, 6 April 2016
Citizenship
The Passport and Visa Department of the RA Police is the responsible authority for citizenship in Armenia.
Ethnic Armenians can also apply for citizenship from outside Armenia, for instance, by appearing at an
Armenian embassy or consulate. As an example the embassy mentioned the ethnic Armenians from Syria,
who have obtained passports at the Armenian Embassy in Damascus or at the Armenian Consulate in
Aleppo. Armenian passports are considered proof of citizenship. The Armenian authorities are generally
generous with issuing passports to ethnic Armenians. The 16,000 ethnic Armenian refugees from Syria who
have come to Armenia have obtained citizenship. They are all Christians, who belong to the Armenian
Church. Armenia has not issued citizenship to non-Christians from Syria.
On the question of whether the same rules apply for all applicants irrespective of nationality or former
citizenship, including persons from Azerbaijan, the embassy replied that due to history and the present
situation in Nagorno-Karabakh, a person from Azerbaijan would neither be able to obtain citizenship in
Armenia, nor would he or she be allowed to enter Armenia.
Political situation
The conditions for the opposition are in general fine, but there have been incidents in which opposition
figures have been arrested. However these have belonged to very radical groups, who want to overthrow
the government with illegal means.
The traditional political opposition is very week. The political parties are often old and include the Heritage
Party, Armenian Congress, Armenian Revolutionary Federation and the Prosperous Armenia. These parties
are both marginalized and not seen as a threat to the present power. With the new Constitution in place,
the present government is confident in remaining in power. The agenda of the opposition is limited to
three points, i.e. Nagorno-Karabakh, the genocide of Armenians in 1915 and the bad performance of the
existing government. Most opposition parties do not have an ideology or a political programme as such.
T o e pa ties ha e e e ged, B ight A e ia a d Ci il Platfo
hi h a e o e p ofessio al i thei
app oa h. B ight A e ia is a li eral
party that is cooperating with the group of liberal parties in the EU
Parliament. Both parties are pro-EU and based on a democratic civil platform. Since the parties are not yet
seen as a threat, the government is only monitoring the parties ahead of their first test
–
the participation
in the 2017 elections.
It was underlined that the government is not an autocratic government. All opposition groups are allowed
to continue their work.
The conduction of the recent elections in Armenia has been internationally criticised for several violations.
Voter lists are not published and due to a huge migration from Armenia, there are many citizens on the
voter lists, who are not voting, but whose votes are subject to fraud. As an example of a poorly conducted
election the referendum in December 2015 regarding the new Constitution (which will change the
presidential system into a parliamentary system) was mentioned. According to observers, this election was
not well performed either, but it is now a fact that a new Constitution is in place. In practice it means that
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the president, who is now serving his second and last period as a president, can remain in power as a prime
minister as long, as he is able to retain a majority in National Assembly.
Civil society activities
Armenia has a vibrant civil society. As an example, the demonstrations against a hike in electricity prices in
the summer of 2015 were mentioned. The background for the demonstrations was the increase in the
electricity prices which has to be considered together with the fact that the electricity company is a Russian
company that has been mismanaging their accounts and creating a huge debt. The mismanagement has
been evident from annual reports submitted to the government. At the same time, the owners of the
company are known to have an extravagant life style, which has upset the general population. The reaction
of the Armenian authorities to the demonstrations was unusual, according to the embassy, when water
cannons and violence was used to split the demonstrations. The authorities overreacted, when the
demonstration went outside areas where the permission to demonstrate was given and people started
walking towards the Presidential Palace.
NGOs
The NGOs in Armenia are well-functioning and the government is not suppressing civil society.
Approximately 2,000 NGOs are registered in Armenia, but many of them are so-
alled o e pe so NGOs
which is a NGO that primarily consist of one person. The NGOs cover many subjects in the Armenian society
such as women rights, LGBT, media, human rights etc.
Media
The situation for the media is fairly good. Television and printed media are often owned by people close to
the government and there are clear signs of self-censorship in the news coverage. Internet based media has
a very vocal broadcast, which is not necessarily in line with the government. As a comparison it was
mentioned that the situation of the media is far from the situation in Russia, Azerbaijan or Turkey.
Situation of vulnerable groups
Situation of journalists
There is no tradition for an investigative and critical journalism in Armenia. Journalists, who speak openly
against the government, may sometimes be apprehended, but will soon after be released from detention.
The journalists more often struggle with the fact that no one cares, when they write critical articles.
LGBT
Among the most vulnerable groups in Armenia are people belonging to the LGBT community. They live very
isolated from the rest of the society and may risk to be beaten up in the streets, if they are openly
expressing their sexual orientation. It would be unthinkable to organise a pride parade in Armenia due to
the fear of reprisals from the population and lack of protection from the authorities. LGBT persons rarely
speak open about their problems, why it is difficult to assess, how targeted they are.
Women and domestic violence
Women subject to domestic violence are also considered a vulnerable group and domestic violence is very
widespread in Armenia. Domestic violence is often influenced by culture and poverty. The Armenian society
is a patriarchal society, and it is difficult for women to report incidents of domestic violence to the police,
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as the subject is considered a matter within the family. The police officers lack knowledge about domestic
violence and would most often ask the women to go back to their families and solve the problem within the
family. On the other hand, many women withdraw the case themselves, if the police officer asks the
women, if they want them to go and arrest their husbands. Outside Yerevan domestic violence is quite
common.
There are some improvements in the police, as a new unit has been set up to deal with domestic violence.
Some NGOs are working to prevent domestic violence and the organizations have set up two shelters in
Yerevan for women, who need protection. There are no shelters run by the government. The subject of
domestic violence is not discussed openly.
The legal system
The possi ilit of getti g a fai t ial i a p i ate o fli t ill depe
d on the status of the two parties. If one
of the parties is more powerful than the other part, it would not be possible to obtain a fair trial, as the
most powerful part will be able to manipulate the verdict e.g. by paying bribes.
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Meeting with a Western Embassy (2), 6 April 2016
Political Situation
Regarding the political opposition the relationship between the opposition and the government is not
working.
During the debate on the Constitutional Reform in 2015, the government did not invite the opposition
groups and the civil society to participate in the process. During the current debate on a new Electoral Code
the opposition and the civil society are creating barriers, i.e. either they can work together with the
government and be subject to claims about colluding with the government or the opposition can choose
not to cooperate and be outside influence. The government is trying to cooperate with the opposition
groups in the parliament and appears to engage in cooperation with other emerging opposition groups.
Challenges are expected with the new opposition parties, which are appearing, especially because there
will be more international focus in the upcoming elections in 2017.
Civil society activists
The civil society in Armenia is very active and very vocal. The civil society is not acting completely without
problems, but is quite vibrant. On the question of whether the civil society can influence the government,
the sou e efe ed to the Ele t i Ye e a
-event in the summer of 2015, when people demonstrated
against a proposed hike in electricity prices and as a result of the protests the prices subsequently did not
increase. However, initially the authorities reacted violently to the demonstrations.
Around New Year 2016 the authorities also used violence against civil society activists from the party New
A e ia at F eedo S ua e, ho t ied to i g a Ch ist as t ee to the Ne Yea s ele atio s. This as
prevented by the police and the activists were detained.
On the question of whether there is any difference between members of political parties and activists, it
was replied that the line is blurred. In trying to promote a change, many people do not see any prospects in
political parties. There has been no change in the regime since 2004, and the country is governed by a
political elite. The bottom line is, that it is difficult to pinpoint, where in the system the lack of confidence in
the effect of the opposition is.
In the process around the new Electoral Code, the opposition both within and outside the National
Assembly are beginning to cooperate with the civil society activists in some form of unity.
Freedom of Expression/Speech
People do feel able to speak freely. Many are active on Facebook and critical opinions are also aired here.
With reference to the recent conflict in Nagorno-Karabakh, the debate on Facebook was in the beginning
concentrated on unity, but more recently critical opinions towards the government had also been noted.
Human Rights issues and proper treatment of people are also debated.
There is also a political cabaret going on in Yerevan which is mocking the government and the politicians
without any problems.
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There is some degree of self-censorship, which is more related to public opinions than to policy statements
of the authorities. The sensitive topics, which may not be discussed, are: the Nagorno-Karabakh conflict;
the relations with Turkey and LGBT-issues.
The problem with the LGBT topic is partly due to a Soviet legacy and partly due to the role of the Armenian
Church and the traditionalist Armenian society. In this connection it was also underlined that people get
their information mainly from Russia, and there it is considered that western ideas of human rights should
not be imposed on people.
Vulnerable groups
Regarding the risk of LGBT persons, it was mentioned that they are subject to hate speech and also physical
attacks. In this connection it was also noted that the adoption of an anti-discrimination law, which has been
promoted by the Council of Europe and other groups, face difficulties in Armenia.
Asked if religious minority groups could be targeted, the source was not aware of any problems, but
mentioned that the Armenian Apostolic Church is strong.
Domestic violence is an underreported issue in Armenia. The Armenian society is a patriarchal society and
not very sensitive to the issue of violence against women. Women, who are victims of domestic violence,
are supported by some women groups and NGOs, who are running shelters. In general, the women are not
treated properly, as the problem is ignored. Some training of the police on how to treat victims of violence
has taken place, but the problem has social aspects, and in many cases the problem is not reported due to
lack of alternatives for the women, who cannot get any support outside the family. The problem is also
connected to the migration aspect and the fact that men are out of the country for longer periods, and the
women live with their in-laws.
The Legal system
There is a need for a judicial reform in order to ensure the access to justice in Armenia. Corruption is the
main problem as it permeates all aspects of the society. Rich people are well connected with the politicians
and can influence politics, as well as justice. The authorities have acknowledged the problem and are
looking for donor support to the sector.
Media
The oligarchs are controlling the media
–
the printed media as well as TV. The best quality TV is
broadcasted from Russia and is connected with Russian propaganda. The political opposition and the civil
society have limited access to TV and have difficulties in getting airtime.
The social media
The social media are very active and very vibrant. The authorities are looking at what is going on in the
social media, but are not punishing the activities. The sensitive issues, which cannot be debated, are as
earlier mentioned the Nagorno-Karabakh conflict, relations with Turkey and LGBT. Journalists of other
media are imposing self-censorship on these issues. On the other hand, there is no tradition of investigative
methods of journalism in Armenia.
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The problem is that the mood of the authorities can change quickly, which was also seen during the
electricity demonstrations last summer (2015). There is a line, which must not be crossed, but which is
difficult to define and the rules of engagement can change very quickly.
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Meeting with representatives of an Embassy in Yerevan, 7 April 2016
Political Situation
The (ruling) Republican Party is strong in Armenia and politics is very closely linked to the economic sector
and the oligarchs. After the referendum of the Constitutional Reform in December 2015 the presidential
system will be changed to a parliamentarian structure, but the expectations are that the ruling party will
retain power.
Most political opposition parties do not provide a real alternative to the ruling party, also because they do
not really have a programme, why their success has been limited. With the exception of Prosperous
Armenia, opposition parties have only been able to obtain 5-7 % representation in the National Assembly.
Generally, there is a lively political debate and the political opposition can express their point of views.
However, in the political processes leading up to the Constitutional Reform and the new Election Code, the
political opposition and the civil society complained that they were not included and hence feared
manipulation with the elections. This is partly true as the president and the government invited the parties
to participate, but the opposition refused on the given conditions.
There is a general mistrust between the opposition and the government, which is going both ways and
politically, there is a polarisation in the country.
On the other hand, when it comes to issues of foreign policy and especially the conflict in Nagorno-
Karabakh and the relations with Turkey, there is a general consensus between the government and the
opposition. For all other issues there is a polarisation of politics.
Civil society activists
There are, in principle, no restrictions for the civil society activists to operate. Organisations can openly
express their opinion as there are no obstacles to freedom of speech. In this connection the embassy
referred to the demonstrations in June-August and December 2015. It is possible to demonstrate, the
situation, however, is by far not perfect. There are only limited checks-and-balances, which create a deep
mistrust between political groups and the civil society. When the government proposes new initiatives
people ask themselves, who is benefiting from these proposals; the society, the government itself or the
persons behind the government who holds the real power?
Freedom of expression
In general, there are no obstacles to freedom of speech, but there are certain sensitive issues, which
cannot be debated openly.
In particular, LGBT is a topic, which is difficult to address in public, although a growing number of NGOs are
doing so successfully (also with the support of the international community). The Armenian society is a
rather conservative one and, when it comes to LGBT issues, the culture is closer to Russia than to Europe. It
is difficult to advocate rights for LGBT persons. The family institution is strong in Armenia and extramarital
relations are also a topic, which is hardly discussed openly.
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Freedom of Assembly
Demonstrations are normally allowed to take place and the demonstration against the hike in electricity
prices in the summer of 2015 was mentioned as an example of this. As long as the demonstrations do not
pose a danger to the present government, they are allowed to take place. However, if suddenly 10,000
people were in the streets, the reaction of the government would be unpredictable.
Media
The television is mainly owned by the oligarchs and by some political parties and are therefore more
reluctant to criticise the government.
The print media has a limited circulation. There are no restrictions on the media, but journalists who work
for newspapers and media owned by politicians and oligarchs tend to impose a certain self-censorship in
order to be able to work.
Social media are more important than other media for the political debate in the society. There is no
censorship online. The government feels secure in their power and does not worry about discussions in
cyberspace. On the other hand, the discussions do not have a minimum of influence on the government
and people see no opportunity for the opposition to affect the government.
Vulnerable groups
LGBT is a vulnerable group which is victim of discrimination in daily life. There is hardly any public
discussion about the situation for LGBT persons. The situation of LGBT can be compared to the situation for
this group in Russia, but there is not as much hate speech and violence against this group in Armenia
compared to Russia; otherwise the embassy did not have information on the situation of the group.
Women in general are not victims of systematic (gender) discrimination. Legally, there are equal rights for
men and women, but the laws have not yet been implemented. The Armenian society is a very male-
oriented society and it can be compared to the societies in Western Europe approximately 40 years ago.
Women are not paid as much as men and are not working at the same management level (lower- and mid-
level positions)
Religious minority groups such as
Jeho ah s Wit esses
have had a success with a new law (2013) on their
right to an alternative military service, and there are no longer any prisoners because of denial of military
service. However, the group is still a vulnerable group in the Armenian society, because people are sceptical
to a ds Jeho ah s Wit esses a o g othe s due to thei oppo tu it fo alte ati e ilita se i e, hile
others have to send their sons to the front in Nagorno-Karabakh. According to the Constitution there is
freedom of religion in Armenia and other religious minorities such as the Yezidis have all rights and also
citizenship in Armenia.
Legal system
Judges do not always act independently, but are influenced by government officials. There are indications
that go e
e t offi ials hi t o so e hat i flue e judges e di ts i e tai ases.
Corruption is a problem in the Armenian society. Efforts to combat corruption have been included in an
Action Plan, which is presently being drawn up and facilitated by the Council of Europe. However, there is
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mistrust against effects by the civil society, who have declined to participate in the process. Corruption
permeates all levels of society and everybody benefits from corruption
–
not only the top level. There is a
need for a long term approach to make a change.
In principle, the legal system is working and people have access to a fair trial. It is difficult to prove that
decisions have been influenced by politicians or corruption. However, if someone with a political or
economic clout is involved in a case, there will be doubts on, whether the judge will work independently.
Armenia is a country of networks, which makes it easy to influence a case. On the other hand, there is no
systematic misuse of state institutions by the government, but in single cases with an economic and/or
political interest involved the institutions are abused.
Independent complaint bodies
The previous Ombudsman resigned recently. He worked relative independently and was able to make a
change in some cases. He also had the courage to criticise the system openly. However, the new
Ombudsman is closer to the government than the previous one and it remains to be seen, how he will
work.
Citizenship
Around 20,000 Armenian Syrians have come to Armenia as refugees. 14,000-15,000 Armenian Syrians have
stayed in the country, but 5,000 have left the country to unknown destinations.
Armenia has been very generous in granting citizenship to Armenians from Syria. Regarding the proof of
Armenian ethnicity, the authorities have probably used the lists of members from the Armenian churches
in Syria.
(The refugees have been welcome, but the economic situation is posing a challenge to the newly arrived.)
Mixed marriages
It is easy for Russians and other nationalities to obtain citizenship, if married to an Armenian spouse.
Regarding people from Azerbaijan (and Turkey), it is unheard that there should be mixed marriages
between Armenians and Azerbaijanis (and Turks). None of such couples are living in Armenia and it would
not be likely that such couple would decide to come and live in Armenia.
Children of mixed marriages
If there are descendents of a mixed marriage between an Armenian and an Azerbaijani living in Armenia, it
would be from long ago. The conflict in Nagorno-Karabakh has been going on for more than 20 years and
no such descendents would settle in Armenia after the conflict started.
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Meeting with Association of Judges in the Republic of Armenia, Mr. Grachik Sargsyan, Chairman
and Mr. Vahe Yengibaryan, Executive Director
–
13 April 2016
About the source
The Association of Judges was founded in 1997 and the members of the Association are the judges of RA
Courts of all instances.
The goals of the Association of Judges are to support the establishment and consolidation of a sovereign,
democratic, social, legal state, the development of an independent judicial system, the works on laws
amendment drafting; to contribute to the raising of the qualification, study, training and exchange of work
experience of the members of the association of judges, provision of the independence, immunity and
security of judges, raising of their reputation, provision and consolidation of the independence of the Court
and Judicial Power and increase of public confidence towards the Court, organisation of meetings and of
the rest of the members of the association; to protect the legal interests and rights of the association
members defi
ed la , thei ho o a d dig it ; to p o ide the judge s ai te a e of the ules of
behavior; to assist in the provision of the protection of human rights and freedoms; to cooperate with
foreign and international associations of judges and to publish periodicals, legal literature, by the order
defined by law, elucidate the experience of the association members, the activity of the Court and Judicial
Power.
Access
The courts see complaints from citizens almost daily, claiming a violation of their rights. In 90 % of these
cases, the claim from the citizen is accepted and the ruling is in favour of the citizen.
The legislatio e su es the itize s ight to seek ed ess th ough u e ous i sta es su h as the poli e,
the prosecutor, the Ombudsman and the Constitutional Court. The citizens enjoy all their rights when they
apply or complain to one of the law enforcement institutions in Armenia.
Citizens can file civil claims with the courts. Often the claims regard a conclusion from the investigator
which the citizen does not agree with. The court can accordingly reverse the conclusion and send the case
back for further investigation and a new investigation will then be initiated. In half of the cases, the
investigation will end up with a new result.
Capacity/Resources
The judicial system in Armenia is extremely overloaded, and it is estimated that a First Instance Court has a
backlog of 1,700
–
1,800 cases per judge, which is six to eight times more cases pr. judge than in average
European courts. The court system needs more judges, but the government is arguing that this is not
economically affordable at the moment. The number of cases in backlog causes both the system and the
citizens to suffer. There are violations of deadlines, and the probability of mistakes made by the judge
increase, due to the caseload. Under such circumstances a judge is not capable of delivering a quality
judgement.
A judge can handle up to 20 cases a day.
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There is a range of 120
–
150 criminal cases in the courts a year, and there is insufficient administrative
staff in the system to help the judges. People therefore complain over the violations of the timeframe in
the case handling.
The Association has not seen any former Soviet country without this problem in the judicial system.
Regardless of the backlog, the principle of fair trial is fully implemented in Armenia. The principle of
fairness is implemented in all aspects of the court system in Armenia.
The issue of fair trial is often discussed, but the Association has full confidence in the system. Every trial has
two parties, and one of the parties will always loose. The losing party will often claim the lack of fair trial.
Integrity
According to the constitution, candidates for the office of a judge must apply through the Council of Justice.
If the application is accepted, the candidate undergoes special training at the Academy for Justice. Those
who graduate with a sufficient score will be selected by the Council of Justice and appointed by the Council
and approved by the President.
The Association has never seen cases, where the RA President did not approve a candidate. It is possible for
the president to reject a candidate, but there has to be a good reason for the rejection.
Judges in Armenia are independent, and judges do not have the power to exercise pressure on the system
in order to for instance advance a case or influence a case outcome. All cases are filed in an electronic
system and all court hearings are recorded. The court date for a case is fixed in the system and changes can
be traced.
When asked about the allegations made by the Commissioner for Human Rights of the Council of Europe,
Nils Muiž ieks, ega di g the o uptio i the ou t s ste , the Asso iatio stated that the ha e et
ith Nils Muiž iks
and have among other things discussed the allegation of corruption. Apparently Nils
Muiž ieks did ot ha e a fa ts of o uptio a d as ea ti g o a u ou .
Corruption is something that threatens any system no matter the character of the system. Corruption exists
both in Armenia and in the rest of the world.
The Association does not have any experience with the level of corruption in Armenia, but since citizens file
complaints about corruption, it cannot exclude the possibility.
An Ethic Commission has been established and this commission receives complaints regarding the conduct
of judges. The Ethic Commission also handles cases regarding dismissal of a judge; however there have
been no such cases in recent time. There is one pending criminal case against a judge, but the case is not
related to disciplinary violations.
Referring to sources pointing at the existence of a legacy of corruption and misconduct from the former
Soviet Union, the Association stated that such opinions are groundless. Today there is no reflection of the
So iet U io s legal s ste i the judi ia i A e ia. O the o t a it is possi le to lai that A e ia
is the most proactive country of all former Soviet Countries in reforming the judiciary after the European
model.
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Armenia was thus the first country to establish a code of conduct for judges and according to the European
Court of the Human Rights, ECtHR, the code is exemplary.
When asked if judges from the Court of Cassation advices or supervises the judges of the first instance and
appeal instances before making a verdict, the Association stated that this is not taking place. However, it is
not prohibited by the law for a judge to ask for advice regarding a provision in the law. This does not
influence the independence of the court session. The higher courts are not mandated to instruct the lower
courts.
The only instruction given is in the case law from the Court of Cassation or the ECtHR. But there is a
dialogue between judges and the prosecutor might also try to get an indication on whether the
p ose uto s opi io i a e tai ase is follo ed.
When asked about corruption within the police, the Association stated that this is a difficult question. The
Special Investigation Service deals with these cases and they study the extent of the problem. There are
numerous cases regarding corruption within the police, filed with the Special Investigation Service, the
prosecutor or the courts.
The Association has never heard of retaliation against a judge for making a verdict.
When asked about the biggest threats to the independence of the judiciary system, the Association stated
that the low salaries of judges and the low pensions are the biggest threats. Also the insufficient technical
support and the lack of social guaranties pose a threat to the independence.
The Association of Judges is a non-government organization. The Government is in no way affiliated with
the Asso iatio . Me e ship of the Asso iatio has o i flue e o a judge s ad a e e t.
Vulnerable groups
There is not a particular vulnerable group as such. Women in relation to domestic violence may be a
vulnerable group. There have been criminal cases regarding domestic violence, but no civil cases. The exact
number is not known, but there are probably numerous cases throughout the country.
Most of the cases regard divorce, use of force and infliction of injury.
Commissions and NGOs provide legal aid to the affected women, and some cases have been brought up in
the media, but the problem is not seen as urgent.
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Meeting with Chamber of Advocates, Ara Zohrabyan, Chairman, Nelli Harutyunyan, Deputy
Chairman and Simon Babayan, Director of the School of Advocates
–
14 April 2016
Background
The Chamber of Advocates is an independent organisation, founded in 2005 according to the Law on
Advocacy of RA. The General Assembly of the Chamber elects the Chamber Chairman and the 12 Chamber
board members for a four year term.
Future advocates have to pass the admission exam and study for one year before passing the bar
exam
at
the Chamber of Advocates.
If advocates take up public office, the license to practice as an advocate will be suspended. It is not allowed
to practice as an advocate and be a public official at the same time.
The Chambe
of ad o ates o ga ises f ee of ha ge legal aid ithi the Pu li Defe de s offi e. The e a e
66 Public Defenders and they are paid by the government via the Chamber of Advocates. A Public Defender
to ensure legal aid to vulnerable groups has also been established.
Access
The judicial system in Armenia gives the citizens all the opportunities to expect observance with the legal
requirements.
The Chairman of the Chamber of Advocates does not deny that there are some problems in the judiciary,
and that the general approach to a case has not always been fair. On the other hand it is not possible to say
that the courts (deliberately) may refuse to hear certain cases. Anyway, everybody has access to court.
Capacity/resources
There is a backlog in the court system. The hearings before the courts are often delayed up to two months
and the rulings of the court may be delayed a year.
There are too few judges compared to the number of citizens. The caseload per judge affects the quality of
work and assessments in the courts.
Fair trial
The Chamber has mentioned that advocates mainly criticise the process of accepting cassation appeals by
the Court of Cassation. The Chamber said that the Court of Cassation and the Court of Appeal have the
same authority, but the Court of Cassation selectively takes into consideration only a few appeals, which
raises complaints among applicants and advocates.
Only the First Instance Courts make a ruling regarding the fact of a case. Both the Appeal Court and the
Court of Cassation only check the legality of the decision from the First Instance Court. They do not accept
new evidence. Therefore the Court of Cassation often makes the same assessment of the case as the
Appeal Court. This means that the evidence of the case is only examined one time, namely by the First
Instance Court.
With regards to criminal cases, the evidence is only presented by the prosecutor and only in the First
Instance Court. If the defence has evidence to present before the court, this evidence must be handed to
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the investigator of the case and then presented by the prosecutor. The prosecutor may conceal the identity
of witnesses during the pre-trial phase and only disclose the identity during the trial.
When asked if the prosecutor and the defence have an equal access to witnesses and evidence during the
investigation, the Chamber stated that equal access only takes place in court. The prosecutor can wait until
the day of the court hearing to disclose the evidence and the witnesses. Immediately before the court
hearings, the defence gets access.
On the other hand the defence will often wait until the court session to reveal the identity of an important
witness, because the lawyer fears that the witness could be subject to pressure and blackmail.
When asked if the courts operate with the principle of presumption of guilt rather than the presumption of
i o e e, the Cha e stated that the i flue e of the p ose uto s offi e i a fo e So iet ou t is
still prevailing. The mentality of the courts is unfortunately that the suspect is guilty when the case reaches
the courts.
Judges ill still app o e the i estigato s e uest fo dete tio of a suspe t i 9 % of the ases. Ho e e ,
this is probably also related to the public opinion and to the sense of justice. The acquittal rate is much
higher nowadays. Young generation of judges work without stereotypes, which, will no doubt, bring
significant progress in the judicial reform process.
There have been problems with ill-treatment of suspects and forced confessions. There have also been
p o le s ega di g the defe e s a ess to the lie t at the poli e statio , as the app ehe ded pe so has
no judicial status. There used to be cases when a person was being told that he or she could not invite an
advocate because of not having a relevant status of a suspect or accused.
Given the fact that the defence may get access to the client at the police station, it is fair to conclude that
forced confessions and ill-treatment seldom happens.
In 2012 the Chamber of Advocates signed a collective agreement with the police and established a
committee consisting of three police officers and three advocates. In cases where the police block the
defe e s a ess to the lie t, the ad o ate a file a appli atio to the o
ittee. The
committee could
then file a complaint with the head of the police. In 2012 the committee filed 16 such cases and managed
to ensure sanctions regarding individual police officers. In one case, a police major was fired. In 2013 ten
such cases were filed, in 2014 there was a single case, and in 2015 there were five cases. These latter cases
were all related to the electricity demonstrations in June 2015.
If the apprehended was subjected to improper behaviour or bad language etc. from the police, they would
later file a complaint.
With regard to civil cases, the system is much better. The equality of arms is ensured in most cases,
however, there are problems in cases involving large amount of money and/or public officials. The
Chamber of Advocates highlights that in every case there is always a losing party and the losing party will
always complain. But it cannot be ruled out that sometimes there is some truth in the complaint.
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Integrity
The judiciary is under pressure from the legacy of the Soviet rule. The courts are under pressure from the
inherited role of the prosecutors, even though they make efforts to be more independent.
There is a group of judges who were educated in the Soviet Union. But a group of younger judges, who are
not burdened with the Soviet heritage, is evolving. These judges look to a higher extent to the standards set
out by the European Court of the Human Rights.
The Ministry of Justice has suggested that the Ministry administer the register of licensed advocates, but
the Chamber has made objections to the law that enables the government to control the licenses, since this
would undermine the independence of the Chamber and the Bar.
It is the expectation that people are protected in the legal system, and the advocates are expected to resist
any pressure. Under the Chamber a (special) committee has been established to protect the advocates
from pressure.
The itize s attitude to the judi ia s ste is ofte ha a te ized ith dist ust i i il ases. Whe a ig
sum of money is at stake, the citizen would be prompted to believe that a judge could be subject to the
temptation of taking a bribe.
When asked about the allegations made by the Commissioner for Human Rights of the Council of Europe,
Nils Muiž ieks, ega di g the o uptio i
the court system, the Chamber stated that the system is not
perfect and thus the justice is not perfect. The Chamber also fights against corruption. There are certain
rules prescribed in the Code of Ethics with the main purpose of keeping advocates from corruption.
For example, according to the Code of Ethics, article 3.1.9 the combination of both being involved in the
case upon the assignment (proposal) of the official of the investigation body and not providing sufficient
legal assistance to the client, amounts to a clearly gross disciplinary violation.
Another example is the article 3.1.10 of the Code of Ethics, according to which, an advocate may not
provide guarantees, in particular not guaranties regarding the result of the performed assignment, despite
of the foreseeability of the result, when this result depends on the decision of a judge or the investigating
body. An exception is conscientious and quality performance of his/her professional obligations, as an
advocate.
A promise by the advocate that a judicial act will be adopted in favour of the client in civil, criminal or
administrative case, as well as a promise that a body conducting criminal proceedings will have a final
decision in favour of the client, amounts to a clearly gross disciplinary violation. In case of clearly gross
disciplinary violation, the Law on Advocacy of RA defines the execution of the gravies type of disciplinary
pe alt : te i atio of the ad o ate s li e se.
Domestic violence
When asked about cases concerning domestic violence the Chamber stated that such cases occur, but the
number is not high. Mentality plays an important role. Striking or hitting a woman in Armenia is a very
immoral thing to do. If someone in the street hits his wife, then witnesses may most likely retaliate against
the husband.
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Only few cases reach the courts. If a woman reports domestic violence, the police will investigate the case,
and most likely give the husband an oral warning. Cases containing sexual violence have also reached the
courts and rulings against the husband have been made.
When asked about protective measures towards the woman, the Chamber stated that there are numerous
NGOs. Women can apply to any advocate in divorce related topics, and the Public Defender also has a unit
dealing with divorce cases.
Women are more well-informed today and will probably be more reluctant to tolerate violence and violent
behaviour.
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Meeting with Helsinki Association, Mikayel Danielyan, chairman, 11 April 2016
About the source
Armenian Helsinki Association is a human rights defender organization was established by a group of
human rights activists and registered with the Ministry of Justice of the Republic of Armenia in April 1997.
Main aims and goals of the organization are: the protection of human rights and fundamental freedoms,
particularly: monitoring of trials, prisons, psychological hospitals, army, freedom of speech, freedom of
religion, freedom of association and assembly as well as the monitoring of realization of responsibilities of
all those international treaties and agreements that the Republic of Armenia has signed guaranteeing
fundamental human rights to its citizens. Helsinki Association provides the citizens with free of charge legal
and advocatory services. Helsinki Association has a branch in Vanadzor.
National Police
According to Helsinki Association the Armenian police can only in very few cases assist ordinary citizens,
and only in cases of petty crimes such as theft, street fights and domestic violence. In cases when a citizen
is engaged in a private conflict with politically or economically powerful people it would be useless to
approach the police even if you pay a bribe. If a citizen has a conflict with a low-level public official the
police would only intervene in the case if the citizen pays enough money in bribery. High-level officials
would also be untouchable.
Helsinki Association estimates that the level of corruption in the police is 100 %. All levels from top to
bottom are corrupt. This mean that if a citizen files a case
–
often a complaint
–
the person needs to pay an
a ou t of o e to sta t the p o ess. If the pe so does ot pa
i e the poli e a sta t a ase, ut
the case will be terminated after some time without an investigation. The legal paperwork is being
prepared and initially there is a traceability of documents in the investigation. But without money to
lubricate the process, the police would not do anything.
Furthermore the police are under pressure from political and economical interests. The police will always
rule in favour of the ruling political party.
Independent State Bodies
According to the Helsinki Association the Special Investigation Service cannot be independent.
The O uds a s Offi e is ot i depe de t. The i stitutio of the O uds a s Offi e as asi all
useless in the former Soviet republics. The former Ombudsman became known for a critical report in 2013.
But according to the Helsinki Association the report was not critical.
The Constitutional Court has made some wholehearted attempts to solve some important issues regarding
the legislation.
Political situation
According to the Helsinki Association the real opposition in Armenia is not represented in the National
Assembly.
The so-called opposition in the Assembly is united with the ruling elite for example in the question of
Nagorno-Karabakh.
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The extra-parliamentarian opposition is subject to persecution. The Helsinki Association named cases of
well-known activists who had been or were in detention.
One of them is Vardges Gaspari, who is known for non-violent protests to demonstrate his opinion of the
judicial and political system in Armenia. He has participated in several demonstrations and protests in
Armenia over the last years. In February 2016 he received an additional criminal charge, allegedly for
hindering the vote during the 6 December 2015 Constitutional referendum, where he was an election
observer. He is also facing accusations that he allegedly insulted police officers and a judge in court in April
2014. Gaspari has refused to attend the hearings at court. In February 2016 he was arrested
212
.
Non-governmental Organizations (NGOs)
The human rights defenders and critical non-governmental organisations are targeted by the authorities in
different situations especially if they criticises the government and the ruling elite, but it does not mean
that they are not able to work.
As is the case with journalists, human rights defenders are permanently targeted by the National Security
Service. As regards journalists, there are journalists who are targeted by the National Security Service and
after the recent developments at the border with Azerbaijan there is also a political pressure. Helsinki
Association had knowledge of one recent case in which a journalist working for a media organization had
come under pressure because his reporting on the conflict in Nagorno-Karabakh in the electronic media
(e.press.am) deviated from the government position. The editor of the website was also a commentator on
an Arme
ia TV ha el o ed the p eside t s fa il . He as dis issed f o the TV statio .
Afterwards he and his family were not physically attacked, but they were followed by cars sometimes and
would receive phone calls to check on them.
The authorities put pressure on human rights defenders and civil society activists. The chairman of the
Helsinki Association mentioned that his family is limited in their job opportunities. Other activists are
harassed with different non-physical methods. The authorities will for example look for compromising
material against activists and if they find something they will use such compromising material against them
at a later time. However, there are only few organisations working with human rights in Armenia and they
know how to defend themselves. The government would not assault activists of these organisations, as the
NGOs would be able to announce such attacks to the world.
In other cases the authorities will try to control activists and NGOs by giving them access to grants and
sponsorships.
In general the landscape of the civil society activist is dominated by what the Helsinki Association calls
GONGOs
–
Government NGOs
–
that is organisations that appears to be non-governmental, but in reality
they are established and controlled by the government or they are government-supportive. According to
the Helsinki Association this has been one of the main achievements of the authorities that they have been
able to develop the civil society in Armenia in a way that 90-95% of the NGOs are controlled by the
government.
212
http://hcav.am/en/events/26-02-2016-03-en/
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Armenia: State actors, political situation vulnerable groups and citizenship
Freedom of assembly
In general people are allowed to organize demonstrations, but there are limits on the freedom of assembly
in Armenia. All major demonstrations the last years in Yerevan seem to have been organized by people
from within the ruling elite.
An example is the demonstrations in Yerevan in the summer of 2015
–
the so-called Electric Yerevan
–
which had a motive in pressing the Russian-owned electrical company that announced the hikes in electric
tariffs. It was striking that there were only one day with clashes between demonstrators and the police. The
calmness of the following weeks was surprising when taking into account that the demonstrators blocked
one of the main streets in Yerevan for three weeks. This left no doubt about the fact that the instructions to
the police came not from the police management, but from a higher political place
–
probably the
presidential administration. It cannot be ruled out that the demonstrations were a kind of political street-
fight between fractions within the ruling party. There are indications that it was not a normal
demonstration: It was not as other demonstrations organised spontaneously by youth activists and the
organizers refused to allow any attempt of a political agenda within the demonstrations.
Other demonstrations have been violently dispersed quite fast and effective. In 2013 youth activists
gathered and marched towards the presidential residence. The police quickly showed force and put the
demonstrators in detention. In November 2013, authorities arrested Shant Harutyunyan, an opposition
leader, and 13 activists, after they clashed with riot police following an attempted march to the presidential
administration building. The government claims that the group intended to forcibly occupy the building.
Harutyunyan claimed that police officials physically abused him in custody, but authorities have not
initiated an investigation into the allegations. In late November 2013, a Yerevan court ordered Harutyunyan
to be sent to a psychiatric institution for a forced examination
213
. In October 2014 Harutyunyan and his
supporters were found guilty for acts of hooliganism and handed down sentences ranging from one to
seven years. Harutyunyan specifically was sentenced to si
ea s i p iso . I O to e
the lai f o
Harutyunyan was registered at the ECtHR.
I a othe ase f o
si othe s of soldie s t ied to de o st ate i f o t of the p eside t s offi e i
Yerevan. The authorities did not allow the demonstration and dispersed it. The mothers have been fighting
fo dis losu e of thei so s ases of o
-combat deaths in the armed forces for years. President Serzh
Sargsyan approached the mothers demonstrating in black outside the building of the presidential
residence, and publicly promised that he would do his best to reveal those cases of deaths
214
.
According to Helsinki Association one of the mothers was beaten by the police. When the demonstrators
tried to initiate a complaint about violations of the right to assemble the authorities attempted to obstruct
the process.
Vulnerable groups
The main vulnerable group is the LGBT community. It is the only group that is primarily targeted in
Armenia. The problem consists of the fact that the Armenian community is conservative, traditionalist,
213
214
https://www.hrw.org/world-report/2014/country-chapters/armenia
http://www.armenianow.com/society/70458/armenia_mothers_soldiers_peacetime_noncombat_deaths
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nationalistic and influenced by the Armenian Apostolic Church and the Russian view on sexual relations. In
theory there is no law that directly bans homosexual behaviour, but the general hostility in the society
towards LGBT creates a lot of problems for the community:
They are met with intolerance from close relatives, local community, the media and the society in
general
They are subject to hate speech from politicians, the media and people on the streets
They are subject to hate crimes from extremist groups
They face discrimination and are dismissed from their work
In 2012 a bar, DIY in Yerevan, known as a gathering place for the LGBT community was firebombed and
writings at the entrance of the bar with threats of retribution against the owner regarding her sexual
orientation were made. The crime has not been defined as a hate crime at Armenian Courts. The case has
gone through all court instances in Armenia.
Persons from the LGBT community who work in prostitution are attacked both by extremist groups and by
the police.
Often the victims will not complain. The result is usually that the cases are dismissed and never go to court
hearings.
There are a few NGOs who defend the rights of the LGBT community, but over 60 % of the NGOs show
intolerance towards the community.
There is no possibility that politicians would express views in favour of the LGBT-agenda in public. It would
terminate their political carrier in the present political and societal environment, which is a traditional one.
However, there are improvements compared to other years. There are now registered NGOs working with
defending LGBT rights and in the social media there are also discussions on LGBT issues. There is no
segregation in the society and LGBT people do find places in public where they prefer to come. There is no
legalisation on homosexual relationships, but they do live together with their partners. They do also find
jobs, but many have problems.
Women are also considered a vulnerable group and domestic violence is a widespread problem in Armenia
–
especially in the regions. The women can approach the police with complains. Often the police will give a
warning to the husband the first time.
There are few cases when female victims of violence approach the Helsinki Association.
The situation with religious groups has significantly improved. There have been no serious issues since 2013
fo Jeho ah s Wit esses afte the o t i uted to the la o Alte ati e Milita Se i e. Thei p o le
with military
se i e is o eli i ated. It is a e s all a d ot so popula o ga isatio . I the 99 s
there were some attacks on this group, but now the problem has ceased. There has been an issue with the
teaching of the history of religion in the schools for children of families who have different beliefs than the
Armenian Apostolic church.
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Armenia: State actors, political situation vulnerable groups and citizenship
Meeti g ith Ar e ia La
ers’ Asso iatio , Mr. Kare Zado a , Preside t, ALA –
7 April 2016
Background of the source
The Mission of Armenian Lawyers Association, ALA, is: to develop a new generation of highly professional
lawyers, having a modern outlook and moral values, as well as to promote the establishment of rule of law,
and formation of the legal culture in the society. ALA was founded in 1995, by a group of students from the
faculty of law at Yerevan State University with other young lawyers.
The organisation was established having the aim of coordinating the efforts of its members and supporters,
as well as of the new generation of lawyers, to promote the establishment of Armenia as a sovereign,
democratic, legal and social state. ALA has placed great importance on the development of professional
skills since its establishment and works to establish favourable conditions for the fulfilment of this goal. The
Association has established a legal resource centre.
ALA first and foremost provides free legal assistance and lawyers in cases of corruption. ALA also represents
vulnerable groups and women and works together with UNHCR regarding asylum cases. Earlier ALA had
legal centres across the country and provided free legal attorneys also in the courts, but today, although
ALA has only a few offices, the association is still providing legal aid to citizens.
ALA is fu ded f o a oad, ai l f o the EU a d OSCE. ALA s
remedies, raising awareness and anti-corruption.
Access to the Legal System
If a person wants to bring a case before the courts, he/she can apply to the courts of first instance either by
defending himself/herself or through an attorney. The specificities of presenting the case before the courts
depends on the type of case, mainly it is civil, administrative or penal.
There are specialised attorneys that provide legal aid to people in detention, including pre-trial detention.
The principle of ensuring the right to legal aid is regulated by article 10 of the Criminal Procedure Code of
RA, mainly according to the part 5 of the aforementioned article
the body conducting the criminal
proceedings is entitled to provide the suspect or the accused with free legal counselling based on the
financial situation of the latter.
Clause 3 of the part 2 of article 65 of the abovementioned code stipulates that the accused has the right ...
to have a defence attorney from the moment of indictment, to refuse from the defence attorney and to
defend himself/herself;
If a person is invited by the police as a witness, pursuant to part 6 of article 206 he/she has the right to
appear with a lawyer, but the lawyer can only observe the proceeding and has no right to intervene.
Therefore, the issue of non-access to legal aid in the pre-trial detention stage exists and human rights
activists often address this issue.
Civil society activists
It happens that political activists are arrested, but they are released by the police after interrogation. They
can be arrested, but are quickly released again. The explanation from the police is that they needed to get
ission
regards human rights, legal
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Armenia: State actors, political situation vulnerable groups and citizenship
some information from them. In certain cases the police can subject the activists to administrative
liabilities.
NGO a ti ists a d othe people a e a ti e o so ial edia i putti g fo us o the poli e s a ests.
On the social media activists often claim that they were illegally arrested and exposed to ill-treatment. ALA
gives the following example; after a demonstration a civil activist claimed that violence was used against
them in the police cars. Footage from cameras recording in the car was published and clearly showed
though that no violence was used.
Nowadays the police are very careful in trying not to violate the rules of conduct, because such actions will
be published online afterwards on websites that covers activities of civil activists and violations of the law.
Replying to the question under which circumstances the police will arrest activists or subject them to
administrative liabilities, the ALA stated that the police must keep the public order including the
pa ti ipa ts se u it , a i g out thei dut to suppo t the pea eful asse l .
However, according to the
Article 180 of the RA Code of Administrative Offences
failure to inform the head of the community in a
manner stipulated by law about public events or failure to implement in a timely manner the decision to
terminate them in cases stipulated by law is punished with a fine.
Vulnerable Groups
ALA a ot e tio spe ifi g oups ho ould e o side ed as ul e a le, ut a o di g to ALA s
experience unemployed people, people who depend on some sort of public social benefits, people with
disabilities, refugees or asylum seekers and women are to be considered vulnerable groups in Armenia.
With regard to women, there are some subgroups that are more vulnerable than other women. These
include women, who are unemployed and do not have a reliable source of income, thus are financial
insecure. Elderly women living in rural areas are also considered as a vulnerable group.
Domestic violence against women exists in Armenia. Women also face employment discrimination,
problems in participating in local governance. Problems relating to reproductive rights have also been an
issue. ALA has not dealt specifically with domestic violence towards women and can therefore not provide
further information related to this issue or on the access to shelters.
Corruption
The risk of corruption is considered very high in the judiciary system. ALA does not have any tools to
measure the problem, but based on interviews with different people and referring to the special report
from 2013 by the former Ombudsman problems with corruption have been documented.
When ALA is asked to advice on a case, ALA will assess, if corruption is involved and then, if the answer is
positive, bring it before Special Investigation Service. Often the person approaching ALA belongs to social
and vulnerable groups and often the complaint regards paying bribes in the public sector. However, a
problem is that many people refrain from approaching ALA on corruption cases due to the fact that
Armenia is a very small country and people know each other, hence they fear retaliation.
To combat corruption ALA, among other things, is working on implementing criminalization of the illicit
enrichment in the Criminal code, which is being effectively used in other countries. ALA also works in
cooperation with OSCE on enacting a law that would protect the rights of a whistle-blower.
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The civil society has also an important role in combating corruption. More than 70 organisations have
formed an Anti-Corruption Coalition that is growing all over the country. The Government has at the same
time signed an agreement to create an Anti-Corruption Platform which can evolve to be a framework of
discussion of relevant problems.
Corruption must be considered as one of the biggest challenges for the citizen. There are two kinds of
corruption:
-
-
Corruption at the bottom level: This includes public servants. (The authorities combat the
corruption to some extent.)
Top-level corruption. This includes political corruption
Both levels are important to eliminate. According to ALA, Armenia needs political will to combat corruption
and the right mechanisms such as establishment of an independent Anti-Corruption Agency, protection of
whistle-blowers, independent courts, raising the awareness about corruption and means to combat it.
The Ombudsman, Human Rights Defender
It is still too early to assess and evaluate the newly appointed Ombudsman of Armenia. In general, the
institution of the Ombudsman is not fully independent; however the office can have an impact on the
administration of human rights.
The Ombudsman is appointed by the system, i.e. the National Assembly and is dependent on the political
will. The law provides the opportunity for the Ombudsman to be independent. However, if and when the
Ombudsman makes a critical recommendation; the system (state authorities) will indirectly induce his
resignation. The former Ombudsmen have resigned, but they have not spoken openly about their reasons
for resigning, and they have not had enough courage towards the authorities.
Citizenship
Issues ega di g itize ship a e ot ithi ALA s sphe e of
work. According to article nine of the RA Law on
Citizenship an Armenian Citizenship is acquired:
1.
2.
3.
4.
5.
6.
7.
through recognition of citizenship;
by birth;
through receiving citizenship (naturalization);
through the restoration of citizenship;
through receiving citizenship as a group (group naturalization);
on the bases set forth in the international treaties of the Republic of Armenia;
In other cases set forth in this Law.
The legislation provides the opportunity to obtain citizenship more easily through marriage with a citizen of
Armenia or having a child who holds Armenian citizenship which are ways to receive citizenship through
naturalization. ALA is familiar with problems related to mixed marriage between an ethnic Armenian and
ethnic Azerbaijani. It is not a common phenomenon, but it is often claimed in asylum matters with the
purpose to obtain citizenship or residence in another country. It is believed to be possible to live in Armenia
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with an Azerbaijani spouse according to the legislation, but the public will probably not accept such a
marriage.
Integrity in the legal system
In the present state of the judicial system it is hard to give a definitive answer to the question whether or
not a person may have a fair trial. Although the right to fair trial is enshrined in a number of both national
and international legal acts, such as European Convention of Human Rights, however, today political
connections and resources can have an impact, on how cases are assessed in court. The European Court of
Human Rights has found violations by side of Armenia mainly regarding the right to fair trial.
If the courts of Armenia were independent, the issue of a fair trial for persons with conflicts with the
government affiliated persons would not exist.
Although the judiciary is not entirely independent, the recent changes introduced to the judicial system and
the education of new judges send a positive signal. Nevertheless, years are needed to denounce old
practices and secure independence.
The newly educated judges are more trained and skilled and whenever a judge retires, the new judge can
take over office. This gives a hope for a more independent judiciary, since the new judges are both more
professional and have higher moral standards.
Ho e e , ALA sha es the pu li s oncern
regarding the issue of non-independence of the system. Until the
entire system is independent, there will not be an independent judiciary.
The biggest barrier for changes towards a more independent judiciary is the political will to change or,
more precisely, the lack of the latter. Meanwhile, it is important to raise the awareness of the public
–
to
teach them not to expect that it is necessary to pay bribes in order to obtain something. To assist in this
education, ALA has set up a website for legal information: iravaban.net which has an average of 40,000
daily users.
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Armenia: State actors, political situation vulnerable groups and citizenship
Meeting with Civil Society Institute, Arman Danielyan
215
, director; Artak Kirakosyan, chairman, 8
April 2016
About the source
The Civil Society Institute, CSI, is a non-governmental organisation based in Yerevan, which aims to assist
and promote the establishment of a free and democratic society in Armenia. Established in 1998 and
formerly known as the Civil Society Development Union, CSI has implemented a series of programs,
research and publications surrounding the principles of democracy and human rights. CSI is funded by
various international donors, including EU, UN Democracy Fund, OSCE, USAID, various embassies in
Armenia etc. CSI is the Armenian member organisation of the International Federation for Human Rights
(FIDH).
The Legal System
Though overall the judiciary in Armenia lacks independence, there are some signs of improvements. In
some administrative cases related to peaceful assemblies, few citizens are beginning to win cases in courts
concerning compensation after the authorities have violated their rights. This did not happen some years
ago. The position of the Armenian Chamber of Advocates that provides legal aid became stronger, but also
human rights NGOs provide free of charge legal aid to ordinary citizens. The quality of the support has
improved and the defence lawyers are better educated.
There are some courts with young, better educated judges who look for international inspiration such as
case-law from the European Court of Human Rights and set up quality demands for the prosecutors. These
judges care more of their reputation, they believe in justice and the salaries are better, so it is actually
possible to live of them.
But when some courts more often begin to acquit, the police appeal the judgments to higher courts in
order to reverse unwanted decisions. Therefore the road ahead is still long and difficult.
The mentality of the people arrested and/or prosecuted by the authorities is still that ultimately they are
happy to get released
–
even though they made nothing wrong, because the fear of the court system and
judges is still great. This means that very often due to the persistent lack of trust of the population in the
judicial system, unlawfully prosecuted persons do not seek redress and claim compensations. Some people
do not want to appeal the guilty verdicts issued by the first instance courts and remain in pre-trial
dete tio fa ilit . The dist ust to the judi ia is high, a d the P ose uto s Offi e a d
the Courts are not
independent.
The whole judiciary depends on the president and the ruling party. The president appoints the head of the
police, the Prosecutor General and the judges. This results in the fact that some people with close ties to
the gover
e t a d the ou t s leade ship ha e spe ial p i ileges.
Most judges t to ha e good elatio s ith the go e
p ose uto s di e ti es i thei se te es.
e t a d the P ose uto s Offi e, thus follo i g the
215
Civil Society Institute has informed DIS on 7 June 2016 that Arman Danielyan is no longer director of CSI. The note has
been approved by CSI 10 June 2016.
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Armenia: State actors, political situation vulnerable groups and citizenship
If a citizen have a private conflict with a person with political or economic influential connections the
possibility to have such cases solved impartially by the courts is impossible. The political and the economic
elites are intertwined and economical and political powerful people are protected, some of them with seats
in the National Assembly.
Political Situation
Opposition
The main political opposition is destroyed and the present political opposition in Armenia is small, divided
and without influence. It can be categorised in three categories:
Firstly, there is such a phenomenon as the so-
alled O e-Ele tio Pa t Coalitio
hi h ea s that the
parties try to win it all during one election and when they do not succeed, they more or less vanish again.
According to Civil Society Institute, CSI, the Coalition made by Prosperous Armenia, Armenian National
Congress and Armenia Revolutionary Federation is an example of this kind of opposition. It is also difficult
for the opposition parties to find one common candidate and unite behind this person. This is because
political opposition parties are personalized and serve more as a springboard for their leaders than as a
programmatic power aimed at constructive resistance to the ruling party and attracting voices and support
of the population.
Secondly, there is a new movement of younger politicians. There are two parties who try to call for a more
democratic and better structured opposition
–
Civic Contract and Bright Armenia. In their eyes the former
strategy has not been successful and they call for an institutionalized opposition that not only participate in
presidential- and parliamentary election, but build a platform through local elections.
Thirdly, there are the extra-parliamentarian opposition parties whose popular support varies a lot, but it is
usually quite low. One of the parties is New Armenia. Their members are impatient in wanting radical
change of the political system. They do not believe in elections and call for revolution. However, they are
quite successful in PR on social media often with provocative methods.
The popular participation in politics is very low. People do not believe that they can change anything. It is
diffi ult to ake o e s oi e hea d di e tl to go e
e t. That is h people p otest i the st eets.
If the topic is right, it is possible to mobilize people in the streets such as the protest against electricity
hikes in 2015, which mobilized 30,000 participants. The main conclusion of these demonstrations is that
people, not only the youth, is ready for changes.
Asked under which conditions a political opponent could risk persecution, CSI replied that the behaviour of
the police is unpredictable. In some cases, the police use violence. At one demonstration the police can be
acting constructively with a calm order of conduct. At another demonstration violent dispersal of peaceful
gatherings can be the agenda.
The same unpredictability can be the case with the conduct of the police towards prisoners in detention. In
some cases torture are being used. In other cases
–
it is not. However, in majority of cases the police would
not be using torture against political or other prominent persons. However, indirect pressure and threats
are also a common practice, including the case of Safaryan, mentioned below.
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The problem derives from the fact that many of the articles in the Criminal Code are inherited from the
times of the Soviet Union. The same goes for the superior attitudes of the authorities. This is definitely the
case concerning Article 316 (which is resorting to violence against a police officer with the penalty ranging
from a fine up to imprisonment for the term of five years). The result is that citizens never know what the
reaction will be from the police. It may range from no action to administrative arrest or criminal charges.
For the last three years, CSI conducted a monitoring of convictions under Article 316. Its results show that
in the overwhelming majority of cases the accused were handed down prolonged prison sentences for
rather minor law infringements and simple disobedience to the police.
Recent cases of prosecutions under Article 316 of the Penal Code show persistence of the practice of
charging participants of peaceful assemblies of resorting to violence against police officers. In latter cases,
the said provision of the Penal Code is used by the law enforcement as a tool to exert pressure on
protesters, hereby violating the right to peaceful assembly.
The most recent example is the case of Gevorg Safaryan. On 3 January 2016, the Court of General
Jurisdiction (of Kentron and Nork-Marash) of Yerevan authorized a two-month pre-trial detention of Gevorg
Safa a , a e e of Ne A e ia politi al o e e t. He is ha ged ith eso ti g to iole e agai st
a police officer under the Article 316 (1) of the Armenian Penal Code and faces a penalty ranging from a
fine in the amount of 300 minimal salaries up to imprisonment for the term of five years.
The i ide t took pla e o
De e e
, at the F eedo S ua e i Ye e a . Ne A e ia
supporters gathered in
the s ua e to ele ate Ne Yea . A Ne Yea s t ee as the
ought to the
s ua e a d as i sta tl o fis ated the poli e, he e p o oki g de o st ato s disag ee e t that led
to a confrontation with the police. As a result, some of the protesters were summoned to police station,
including Gevorg Safaryan who was charged with the Article 316 based on a testimony of a police officer
claiming having been hit by G. Safaryan. CSI consider pre-trial detention and charges against G. Safaryan as
well as the penalty he faces, to be disproportionate and aimed to sanction his political activities.
When asked if there is a difference in the behaviour the police towards a high profile activist and a low
profile activist, i.e. could an unknown activist end up in the same situation as Gevorg Safaryan, the CSI
replied that in general anyone can end up as Gevorg Safaryan, it depends on a number of factors and being
a person who is able to inspire others to join protests is one of these factors. Another factor is the cause for
the protest
–
anti-Russian protests often trigger harsher reaction by police. The situation of each
apprehended activist depends on numerous of circumstances, including existence or absence of specific
instructions of the superior authorities in relation to the ongoing situation, the behaviour of the activist,
and even the mood and the temper of the police officer in charge.
Meanwhile, the police acts more careful when it realizes that a person has some knowledge on the legal
procedures and practi
es o k o s the ight pe so , e it a high p ofile i il so iet a ti ist o so eo e
with personal links in the police or other governmental agency.
The law concerning the detention of a citizen states that the police have three hours to inform what the
apprehended is accused of. Within 72 hours the apprehended must have his detention confirmed in court.
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Armenia: State actors, political situation vulnerable groups and citizenship
During the demonstrations in summer 2015
–
also called Electric Yerevan - the police could sometime
withhold a citizen for five to ten hours in administrative arrests, though the law allows three hours only.
Such violations are appealed in courts and sometimes administrative court adjudicates in favour of
protestors. However, it is not to be compared to other former Soviet republics such as Russia and Belarus,
where administrative arrests can be for 10-15 days.
NGOs
Armenian Non-Governmental Organisations, NGOs, have an agenda which is more and more political, thus
moving away from single-cases and claimed breaches of human rights to participate with the opposition.
Some NGOs are openly criticising not only topics, but also the whole regime and supporting political
parties, others are simply engaged in trying to change the society.
The government is not hindering the work of NGOs in Armenia, and there is no direct persecution. The
legislation about organising and working in the civil society spheres is in order. NGOs have to register, but it
is an easy process and not a problem, according to CSI. The NGOs have had difficulties finding financial
support, thus many are receiving international donor financing. But a new law that is currently being
drafted opens up for NGOs to have revenue-funded activities in order to finance its work.
According to the Civil Society Institute the government knows that it needs the NGOs. Many NGOs play a
vital part in the society by organising aid and support to poor and vulnerable people, and help internally
displaced refugees from Nagorno-Karabakh. The Prime Minister allegedly said that the demonstrators
during Electric Yerevan
–
protests in June-August 2015 helped the Armenian government in the
negotiations with Russia.
Ho e e , it e ai s to e see hat ill happe , if the go e
e t s life is at isk. O the o e ha d the
need some kind of democratic development, but the civil society does not really know how the elite would
react if its privileges were at stake.
The freedom and inclusion of the civil society sector in the political processes, anti-discrimination policies
and democratic developments are necessary conditions under which the European Union develops budget
support programs for the Armenian government. Thus external pressure also plays an important role in the
more or less balanced attitude of the government to the non-governmental sector.
Freedom of Assembly
Armenia has a progressive law on allowing demonstrations. Up to 100 people can spontaneously gather
and demonstrate without permission. Any citizen can apply and permission is very often granted.
There have been cases when the municipality in Yerevan did not allow the party New Armenia to
demonstrate. The party has for example tried to take advantage of a visit from a foreign head of state in
April 2015, and the demonstration was not approved and was dispersed by the police with violence. Some
participants were arrested for a short time and then released. Usually it is not a problem.
The government is, however, sensitive about a couple of issues concerning the organisation of
demonstrations. The authorities do not tolerate that the streets are closed because of demonstrations and
de o st atio s i the i i it of the p eside t s offi e o eside e a e p o ptl dispe sed.
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Armenia: State actors, political situation vulnerable groups and citizenship
According to CSI, the main problem in Armenia is decision making. Only the president can decide and the
corruption is endemic. The only way people can complain is to come to the street, if they want to stop the
government. As examples of successful demonstrations were mentioned the demonstrations against rising
prices on electricity in 2015, against rising prices on public transport three years ago (2013) and against the
building of shops in Mashtots park in Yerevan in 2012.
Freedom of Speech
The TV Channels are either governmental or belonging to a specific party. The party owned channels often
state that they are alternatives to the government, but in reality they do not compose any opposition.
Some TV-channels are owned by oligarchs, often tied to the government. And a few channels are indirectly
related to some of the other political parties. Of all media, TV has the biggest audience in Armenia.
According to the Civil Society Institute the four major TV-channels are politically represented as follows:
-
-
-
-
TV Ararat
–
Republican Party
Yerkir Media
–
Armenia Revolutionary Federation
H3 - Renaissance Armenia
–
Rule of Law Party
TV Kentron
–
Prosperous Armenia
Printed press have a small amount of readers. Many prints express pro-government views
Radio broadcast are more diverse, but the news section of radio broadcast is small.
The most diverse and active debate can be found on the internet. There are no imposed restrictions and
around 250.000-500.000 people are active online. There are also online broadcasting of foreign media as
for instance Radio Free Europe/Radio Liberty and Armenian broadcasting by companies which have not
been able to obtain a license in Armenia as for instance A1+.
Vulnerable Groups
The most vulnerable group in Armenia is the people living in the border regions with Azerbaijan or in
Nagorno-Karabakh. This is mainly because of the frozen conflict that went active in April 2016.
The LGBT community is a vulnerable group, but due to the work of pro-LGBT NGOs and networks, the
condition for LGBT is improving, yet very slowly and without any support from the authorities. These
groups and networks are working openly on Facebook. Four years ago (2012), there was a Diversity March
in Yerevan which was faced with troubles from a group of young ultra-nationalists. The police was in
between to prevent possible violence and secure public order. There is still hate speech and a lot of
discrimination against LGBT and violent attacks from time to time. According to CSI, LGBT is not dangerous
for any government, but it is a group which has a lot of support from Western governments.
Still, public LGBT pride events are unimaginable in the current situation, open LGBT persons experience
severe restrictions in almost every aspect of their lives, including access to higher education, employment,
political and social life. The discrimination practices are not open, the employers, schools and universities
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Armenia: State actors, political situation vulnerable groups and citizenship
use various convenient excuses to get rid of the unwanted employees and students. However, sometimes
sexual orientation is explicitly mentioned as a reason of negative decision.
The recent escalation of the conflict with Azerbaijan and strengthening of the role of Armenian Apostolic
Church has also had a negative impact on the LGBT community.
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Armenia: State actors, political situation vulnerable groups and citizenship
Meeting with the Committee to Protect Freedom of Expression (CPFE), Ashot Melikyan,
Chairman, 11 April 2016
About the source
The Committee to Protect Freedom of Expression officially registered as an NGO on January 16th, 2003. Its
main functions are monitoring the freedom of speech situation in Armenia, the development of
independent media, tracing and responding to violations of jou
alists ights. The out o es of the
monitoring were compiled and published as annual reports on the situation with freedom of speech in
Armenia.
CPFE activities are directed to improve media legislation, to study the legislative and regulatory framework
of the existing legislative acts in Armenia and develop recommendations, draft laws and suggestions, which
ill i g the e isti g legislatio i li e ith the i te atio al sta da ds a d A e ia s i te atio al
commitments.
The Committee to Protect Freedom of Expression is a member of the Armenian National Platform of the
Eastern Partnership Civil Society Forum. CPFE is a member of the Partnership for Open Society Initiative
which brings together more than 60 NGOs and civil society activists.
Freedom of speech
CPFE is working with assessing the situation of freedom of speech and the rights of mass media in Armenia.
The o e all assess e t is that the o ditio s fo the edia a e ot e f ee . A efe e e to the
assessment by Freedom House was made, in which the media in Armenia are assessed as non-free to semi-
free. (The Freedom House evaluation includes an evaluation of the legislation, economy and political
pressure and influence
216
).
Media
TV
In the case of the TV broadcasting sector, the media are completely controlled by the government.
Censorship is legally forbidden, but a concealed or shadow censorship can be observed by journalists. TV is
acting in a non-free manor in fear of the consequences. The situation was aggravated in 2002, when a
critical TV-channel, A 1+, was deprived of its license. A tender in which the TV channel gave its bid was
iased a o di g to politi al i st u tio s. The li e se as e oked i o de to p o ote the go e
e ts
own channel. The A1+ channel has applied for a license more than 12 times since then, but none of these
attempts have been successful, and competitors with much less experience have won instead. TV
companies with licenses are either owned by persons affiliated with political parties, allied with the
government or friends of politicians.
In 2012 a new situation occurred when some of the political parties withdrew from the government
coalition. Elites from these parties owned TV stations, which remained in operation. The TV channel named
Yerkir Media
is affiliated with Armenian Revolutionary Federation
Dashnaktsutyun; Kentron
is affiliated
216
The latest report:
https://freedomhouse.org/report/freedom-press/2015/armenia
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Armenia: State actors, political situation vulnerable groups and citizenship
with Prosperous Armenia and the TV channel
H3
is associated with the Rule of Law Party. Regarding H3 the
president of the Rule of Law Party bought the TV station called Yerevan and renamed it H3. The channel is
only available in Yerevan. All other channels are basically loyal to the government, and the ruling
Republican Party also established its own TV company,
Ararat.
Privately owned TV channels are not less
pro-government, and in spite of multi-party TV channels, all channels praise the government. They may
have some differing views, but they cannot be considered free as they all have a political agenda. Non-
government TV channels know that if they should exceed the permitted dose of criticism, they may be
subject to the same fate as the A1+ channel.
TV is the number one source of information for the majority of the population in Armenia. In this
connection, it should be considered that one third of the population is poor and TV channels are free of
charge. In order to protect its privileged status the government will continue to have focus on the impact of
the media.
Print Media
Print media is in the worst condition as regards dependence. Newspapers are divided between the political
and the economic power. The papers are distinctly segregated and serve the interests of either the rulers or
the sponsors, not the general public. Almost all newspapers created their own online-version. Some of
them were successful and because of this they not only maintained, but increased their audience. But most
of the newspapers have not been very successful online. The newspapers have very little influence and are
printed in a very small quantity. The most popular of them are printed in 3,-4,000 copies and have only a
small impact. Generally, too few people buy local newspapers.
Social Media
Social media in Armenia have developed extensively in recent years. Armenia has around 400,000 Face
book users, who include the active and educated part of the population. Every fifth to sixth person in
Armenia is a Face book user. People are sharing opinions on the net open and freely. Political powers in
Armenia are also using the social media as a serious tool to establish opinions, and especially in connections
with elections. Personal assistants of politicians are also posting information online every day.
In the present situation with the new incidents in Nagorno-Ka
a akh, so ial edia is used as a tool i the
i fo atio a . Ri als ha e esta lished
anti-Armenian webpages, and Armenians have also established
webpages in Azerbaijan, according to the source.
Social media in Armenia are free, and there is no censorship online. An exception was made in connection
with the official state of emergency declared in 2008, after the presidential elections and clashes between
demonstrators and authorities. At that time a censorship was imposed, and 13 online media organisations
were deprived of their domain. According to the source, this would not happen today. The authorities now
work in their own manner and will be able to manipulate information in their own way, including paying
people to influence the general public. The opposition is also doing its own PR. The source concluded that
on the one side there is no online censorship, but on the other side the openness also means that some
information placed online is not trustworthy.
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Armenia: State actors, political situation vulnerable groups and citizenship
Situation of journalists
With regard to violations of rights for journalists, the organization referred to its 2014 annual report
published on its web page. According to this report, in 2014 CPFE reported nine cases of physical violence
against journalists (less by one compared with 2013), 43 facts of pressure on the media and their workers
(less by 14 compared with 2013), and 13 cases of violation of the right to receive and impart information
(up by three compared with 2013). In 2014, 22 new complaints relating to the activities of the media were
declared admissible by different courts. Of them, 17 are cases of insult and defamation, three are copyright
infringement cases, one is a case relating to disclosure of the source of information, and one is another
case. The details of the cases are in the report.
217
Last year (2015) was a hard year for journalists, in particular in conne
tio ith the Ele t i Ye e a
demonstrations in June. On the 23
rd
June 2015 the police dispersed the demonstrators. In this connection,
24 journalists and camera men were hunted down and received clear instructions on not to spread
information on the event. However, there was already numerous evidence available on social media about
how the police were beating up journalists and demolishing their equipment, even if they were showing
their press cards as proof of working as a journalist. The police requested their digital memory cards, and if
they refused they were arrested and apprehended by the police. 24 journalists and camera men were
restrained in their work, and 13 of them became victims of brutal physical violence. The case has been
reported to Special Investigative Service in the police, and the service has investigated the case for nine
months now, but there is still not a single suspect or convict. CPFE would not be surprised if the case is
closed without further investigation. Asked which consequences such cases could have for the police, CPFE
replied that formally there could be an in-house warning to police officers who would then be assigned to
other workplaces. None of the complaints raised about the police behaviour on 23 June 2015 has yet
reached the court. The police enjoy impunity in such cases. In addition, it was clear that the reaction of the
police on 23 June 2015 was in accordance with instructions from higher officials.
In connection with the Referendum on the new Constitution on 6 December 2015, journalists from the
Armenian Branch of Radio Free Europe/Radio Liberty raised two cases. One case regarding documentation
of voter bribes and other violations of the referendum, was raised and reached the court. At the voting
sites in the constituencies some journalists had recorded videos of trusted persons who are representatives
of the ruling party, distributing election bribes and violating the Law of Elections. The journalists raised a
case at court complaining about bribing of voters. However, the case was rejected, as the person
interviewed claimed he was paying back money to people who had lend him money, and that he was
closing his debt to them on that day. There was an investigation into the case which the authorities found
satisfactory, after which the case was closed. The other case regarded the authorities hampering the
jou alists o k.
There have also been cases where journalists have been met with counter-filing of cases and accusations of
defa atio afte the ou t s dis issal of the jou alists i itial o plai ts.
217
http://khosq.am/en/reports/the-2014-annual-report-of-cpfe-on-the-situation-with-freedom-of-expression-and-
violations-of-rights-of-journalists-and-media-in-armenia/
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Armenia: State actors, political situation vulnerable groups and citizenship
Censorship and sensitive topics
In general, working conditions for journalists are hard, as there is intolerance towards criticism and
insufficient respect of freedom of speech. Journalists are working for business interests and not for their
o i te ests o the people s i te ests. Pa e ts of jou alists a e lo a d the a e o pelled to o k i
different places which impact the professional quality of their work. Self-censorship is a very serious
p o le . As edia a e di ided diffe e t politi al po e s, jou alists a e o pelled to o pl ith the
ules of the ga e hi h li its the jou alists a d is fa f o thei ethi s a d fa f o thei pe sonal
beliefs. The consumers of the media have some expectations, and they have their preferences and know
whom they can trust.
The brutal battery and serious physical violence used against journalists on 23 June 2015, as well as the
clear instructions to prevent the spread of information, was unprecedented in Armenia. However, it is quite
idesp ead fo the poli e to o fis ate a e as a d delete jou alists photos a d ate ials, if the o e
critical events. Most often they will have their cameras back without any further actions.
Another example includes the journalist Ani Gervorgyan and the camera operator Sargis Gevorgyan. When
they were covering a political event on 24 February 2012, in which members of the opposition party,
Armenian National Congress, were trying to distribute leaflets for a demonstration and clashed with
members of the youth wing of the Republican Party. They were forcefully detained by the police, while
refusing to give their camera. At the police station both journalists were subjected to violence and their
equipment was confiscated.
When they afterwards complained, the investigation of the case was rejected, and they did not receive any
compensation. The case was appealed, but it was not accepted at the court of Armenia, and the case was
later forwarded to ECtHR.
Ill-treatment of journalists by the authorities does not happen routinely, but if journalists want to cover
extraordinary events it can happen.
The political parties of the opposition often criticise each other and counter provoke each other in various
media. Discussions in Parliament may also be reported. However, if some members of Parliament, as for
instance oligarchs, enter into some kind of obscure business involving criminal acts, these cases would
rarely be reported. Corruption related topics are critical, especially if it includes details of corruption
scandals and involves senior officials, but also more generally about the financial situation of politicians.
Sensitive topics may also include the law enforcement agencies, and specifically in relation to their abuse of
power.
Other sensitive topics include LGBT and religious minorities. These topics are sensitive issues to the general
public, who are tolerant neither towards LGBT nor towards religious minorities. Journalists may face
problems if they try to protect one of these groups. Journalists would most often limit themselves to topics
which the general public prefer in order to avoid problems.
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Armenia: State actors, political situation vulnerable groups and citizenship
Meeting with the Helsinki Committee of Armenia, Avetik Ishkanyan, chairman, 6 April 2016
About the source
In 1995, Helsinki Committee of Armenia (HCA) was founded. Since the day it was founded Helsinki
Committee of Armenia has been conducting an on-going monitoring of the human rights situation in
Armenia with a special focus on total institutions, including penitentiaries, orphanages, army and hospitals,
where conscientious objectors were in the alternative service.
From 2005 on, with the support of OSCE/ODIHR and then of the European Union and of Open Society
Institute, HCA started to implement educational programs for members of non-governmental organizations
from the provinces of Armenia as well as for young leaders that are not involved in the third sector. Due to
the individuals that went through the consecutive stages of those programs, HCA is able to conduct human
rights monitoring in the provinces of Armenia.
State Actors:
According to the Helsinki Committee of Armenia, there is no real separation of power and independent
judiciary in Armenia.
Article 49 of for
e Co stitutio of the Repu li of A e ia defi es: The p eside t of the Repu li of
Armenia is the head of state. The president of the Republic upholds the Constitution and ensures regular
fu tio i g of legislati e, e e uti e a d judi ial po e s.
The president was not only the one to appoint the Prime Minister and all the ministers proposed by the
latter, but also to make direct appointments to Defence Minister and his/her deputies, heads and deputies
of the Police, National Security Service, Investigation Committee, Special Investigation Committee; attorney
general to be appointed by the Parliament was his nominee, as well as from candidates for attorneys
offered by the Justice Board he was appointing the ones he preferred.
Anyhow, in the history of already 25 years of independence not a single precedent is known; opposite
examples are numerous though. Under these circumstances a situation is unfolded in Armenia, where a
person is protected not by law, but by his/her official position and financial means, largely coinciding, as the
majority of MPs and ministers are big businessmen. This situation has originated an atmosphere of
impunity or selective justice.
A e ia s ell-known
officials or their sons and relatives periodically appear in miscellaneous criminal
scandals, and, as a rule, are not punished or their punishment bears just a formal character.
Thus, amid absence of power separation, human right violations in Armenia bear a systemic nature.
The National Police of Armenia
If victims of a private conflict with a political or economic powerful person approach the police in order to
seek protection from an influential person, the police neither can nor will help. According to HCA the case
handling of the RA Police will be ineffective and unsuccessful. However, it is the assessment of HCA that
i ti s ill ot e pe se uted the poli e i this p o ess. If fo i sta e a pe so s la d has ee
confiscated by the authorities, there would either be no or at best very little compensation. Citizens can do
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Armenia: State actors, political situation vulnerable groups and citizenship
very little, if an oligarch is involved in a case, if for instance a big businessman is planning to build on land
which belongs to an ordinary citizen. The case of Manvel Grigorian was mentioned as an example of this
(see below). Another example mentioned was the governor of Syunik and oligarch whose son had beaten
up two brothers. Powerful people and relatives of them are above the law. Ordinary people are not
protected by the law in such cases.
On the question of which repercussions there would be to victims, who raise their cases at the ECHR, HCA
answered that the authorities (it could be police, investigation bodies, etc.) could often put pressure on
victims by saying that their conditions could worsen if they complain. HCA mentioned that, for instance, if
p iso e s o plai ed to the ECHR ega di g the o ditio s, that ei g p iso e s i a eights pe so s
cell, only two of the prisoners would actually go forward with the complaint, since the rest of the prisoners
would be afraid that the conditions would worsen.
The Special Investigation Service
According to HCA the body of the Special Investigation Service, SIS, is supposed to be independent.
However, in the early years the office did not open any case against the police at all. Now the office at least
opens preliminary investigations against the police. But every time the result is that after a couple of
months the case will be closed on the grounds that there were no reasons to prosecute. According to HCA,
if an officer from SIS takes initiative to raise a case against an official, he will be dismissed. The reason for
this is that the overall problem in Armenia is corruption at all levels.
The Prose utor Ge eral’s Offi e
As is the case with access to the Armenian National Police, according to HCA, a citizen would have no real
possibilities to seek protection at the judiciary.
Victims of unjust treatment, whether they belong to vulnerable groups or are ordinary citizens, have the
theoretical possibility to seek redress. However, they may expect that the process will be very long and the
result often ineffective.
After the demonstrations against a rise in the electricity prices last summer (Electric Yerevan, 2015), HCA
has had seven cases concerning journalists, which have been in the ECHR. The overall assumption is that
other legal bodies in Armenia are ineffective and under political influence.
HCA described how powerful people generally are above the law. Because of the widespread corruption,
people are not protected by the law, but by their influence. For example, this can be seen in the Syunik
province where the governor, Suren Khachatryan is so powerful that his sons can beat or injure (one of his
sons was suspected of murder), whoever they want without facing punishment from the authorities. Suren
Khachatryan was forced to resign as governor in 2013 due to public pressure, but was reappointed in 2014
by the Prime Minister. Another example is the son of General Manvel Grigoryan, who is the mayor in the
city of Edzmiatsin.
People without connections can only be protected, if civil society activists or the local community reacts.
HCA stated that the judiciary and other major state institutions which formally are supposed to be
independent really are not. The problem lies in the fact that the institutions are dependent on the
president, especially when it comes to appointment of major figures in the institutions. People can file
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Armenia: State actors, political situation vulnerable groups and citizenship
cases before all levels of the court, including the Court of Cassation, but the only option to get a fair trial is
to go to the ECtHR. In the Electric Yerevan demonstrations in 2015 more than 200 people were detained
and 17 persons had decided to file a claim before the ECHR.
The Ombudsman
HCA claimed that the Armenian society in general does not know what the role and responsibilities of the
Ombudsman are and what he can do.
HCA fou d that the O uds a s Offi e has i i u effe t o the police
and the judiciary of Armenia
and especially if there is a political interest in a case, there would be no impact.
Nevertheless public opinion is very important and that is why the Ombudsman needs to make critical
recommendations. If he does not he will
lose the itize s elief i the i stitutio . O the othe ha d, he
the Ombudsman makes critical recommendations towards the authorities, he will lose his power and be
forced to resign.
The O uds a s Offi e sta ds out as o e o less i depe de t i
contrary to the rest of the judiciary,
hi h is to e ted
o uptio . The O uds a s offi e is o side ed i depe de t, ut it is ot
completely separated from the structure of power in Armenia. The selected candidates all come from the
authorities. The lack of independence is shown in situations, when the Ombudsman criticises the structures
of power in the country, e.g. in the annual reports. In 2013 and in 2015 when the Ombudsmen published
the yearly reports with severe criticism of the human rights situation in Armenia, the ruling elite of Armenia
began to put a powerful pressure on the Ombudsman, which in both cases resulted in the resignation of
the Ombudsman.
Regarding the access to the Ombudsman, HCA stated that the former Ombudsman had set up a quick
response team and a hotline. The team would go to prisons and detention facilities and the team had some
access to the citizens. HCA does not have any experience with the present Ombudsman and do not think
that the society knows the Ombudsman. Often they think he is just another court.
The Constitutional Court
According to HCA, the Constitutional Court of Armenia stands out as one of two independent state bodies
in Armenia. However, as is the case with the office of the Ombudsman, the Constitutional Court is only
independent to a certain extent due to the fact that the leading officials all come from state institutions.
Citizenship
Mixed marriages
In general HCA explained that there were several cases of falsified documents in relation to mixed
marriages with Armenian and Azerbaijani couples. It was not unusual that there were mixed Armenian-
Azerbaijani marriages during the Soviet times, but after the fall of the Soviet Union and the war in Nagorno-
Karabakh there were very few marriages. Such a marriage would now cause problems both in Armenia and
in Azerbaijan. The problem would not be the law, but the implications in practice would be difficult both in
form of acceptance of the authorities and the society itself. It would not be a problem if the couples lived in
Russia.
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Armenia: State actors, political situation vulnerable groups and citizenship
A mixed marriage with a spouse of any other nationality is not a problem.
Political Situation
According to HCA, Armenia is and has been for many years a presidential republic with a very strong
vertical power. The chairman of HCA, Avetik Ishkanyan, stated that the president decides over the police,
the National Security Service, the Special Investigation Service, the General Prosecutor and the courts. All
candidates for judges are approved by the president. Therefore no judge will ever make a verdict against
the President. Every state and local institution is dependent on the president.
There have not been any real elections in Armenia that were conducted in a normal and fair manner since
1995. According to HCA, the president has so strong executive powers that he will decide who is elected to
the National Assembly of Armenia.
In a normal country political parties develop their strength, character and structures through participation
in elections. But this is not the case in Armenia where relations between political parties and business
interest are strongly interconnected. This is shown in the fact that many ministers in the government and
deputies in the National Assembly are representatives of commercial companies.
According to HCA, there are more than 70 political parties in Armenia. However many of them are so-called
one-person parties that depend on one person or simply consist of one person. Some of these parties may
have as much as 2,000-3,000 members, but they still are dependent on one person.
According to HCA, it is only the Armenia Revolutionary Federation that does not depend on one person and
hence could be considered as a traditional political party.
The ruling party
–
The Republican Party of Armenia
–
was formed in 1989 being inspired by the dissident
underground party the National United Party. The party today is simply a so-
alled pa t of po e . This
means that the foundation of the party depends on whether the party is in government or not.
Other political parties in Armenia are weak, mainly due to poor financing of the parties. The only real
possibility to finance other political parties except the Republican Party is in agreement with the ruling elite
or in a secretive way.
According to HCA, many of the political parties can act as opposition in one period of time and then quickly
shift to support the government. The attractiveness of being aligned with the government, better financing,
minister posts and general lack of ideology seems to influen
e the politi al pa ties p o-
vs. anti-
government orientation. This has happened with the party Orinats Yerkir known as the Rule of Law Party.
The Armenian Revolutionary Federation began in February 2016 to support the government in exchange
for minister posts.
The political spectrum in Armenia is not traditionally divided in right-left wings as in European democracies.
There are left wing parties in the name and party program, however, operationally they are not left winged.
Almost all parties state that their political orientation is liberal. Trade Unions are weak and not
independent. According to HCA, the primary focus of most political parties represented in the National
Assembly is to look for entries into the promised land of government coalition.
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In order to understand the political system of Armenia HCA points to the modern history of the country. In
the 1996 presidential elections the candidate Levon Ter-Petrosyan won the election with falsified voting.
According to HCA the opposition really won the election. After the elections the opposition was persecuted
by the authorities, prominent members of opposition were sentenced to prison. In 1998 Karen Demirchyan,
a former leader from the communist time, became the leader of the opposition. In 1999 when he was in
front in polls, he was killed in a terrorist attack in the National Assembly. When the circles of power shifted
in 2008 and former president Levon Ter-Petrosyan was part of the opposition, he again was persecuted by
the new authorities.
Conditions for political opponents
In 2015 when the opposition leader and prominent businessman Gagik Tsarukyan disagreed with the
president in the referendum of a new constitution, the president attacked Tsarukyan and literately
destroyed the opposition party, Prosperous Armenia. In order to avoid prosecution for tax evasion and
other financial crimes Tsarukyan left politics, leaving the political opposition in the National Assembly in
ruins.
The development has had the consequence that few people can see a perspective in being part of the
opposition at all.
This has resulted in extra-parliamentarian political parties with more radical agendas. One of these parties
is the New Armenia Party. Its former name was Parliament Foundation. The leaders of the party do not
believe that change can happen with traditional democratic means, thus calling for a revolution that must
result in the overthrow of the present political regime. Leading members of the party are subject to
persecution. One of the founding members
–
Gevorg Safaryan
–
is currently in a lengthy pre-trial detention
and is according to HCA a political prisoner. Few years ago this party had around 2,000-3,000 supporters,
but now its base consists of 200-300.
When asked under which conditions the opposition acts, HCA replied that if parties become strong, the
government will feel threatened and political opponents may be at risk of persecution. The more unknown
the party is the more secure the members are and the more powerful they can act. However, if a party gets
support from the people, the government will be afraid to lose its power and the risk of persecution
increases.
Civil Society/NGOs
In general Non-Governmental Organisations (NGOs) are not at risk of persecution in Armenia. Critical NGOs
such as HCA can express their opinion without risking persecution or serious harassment. The present
Armenian regime is not a dictatorship. NGOs can operate freely in the Armenian society.
However, there are two limiting factors in their activities: It is unpredictable how the ruling elite will react if
there is a real threat of potential loss of power and privileges. That could possible constitute a danger for
the groups that threaten the power circles. A second sensitive topic for NGOs to touch is relations within
the economic elite and their interests. NGOs would face different kind of hardships if they focus on certain
the es he e the ou t s fi a ial elite ha e i te ests. These the es ould e the e ologi al th eat of
the ou t s i es o othe e o o i o
opolies.
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NGOs and civil society activists can have an impact when they focus on specific topics such as devastation
of green areas or historical buildings or consumer prices. A good example of successful movements is in
2012 when civil society activists gathered to protest against the demolition of the Mashtots Park in central
Yerevan, resulting in the preservation of the park. Other examples are when activists protested against
increased prices of public transport in 2013 and during the big demonstrations in the summer of 2015 in
Yerevan against hikes in the electricity prices, they successfully changed government policies and
prevented prices hikes.
Freedom of Assembly
Even though there is no genuine democracy, fair elections and independent state bodies, Armenia is not a
totalitarian state. According to HCA, Armenia enjoys the right to assemble, but with some limitations. If a
demonstration is conducted without permit or if the demonstrators block the roads, the demonstration will
be dissolved by the police, and sometimes this will be justified. It is possible to assemble and demand
various changes etc. The police will generally not interfere. If you strongly criticise or curse the president
you will, however, probably be beaten up by unknown assailants supporting the president.
But if the government starts fearing a strong opposition that threatens the present regime and its
privileges, persecution and restrictions will eventually happen, according to HCA.
Freedom of assembly in Armenia is accompanied with some problems. The Police of Armenia are in
practice free to use excessive force to disperse demonstrations, when they see the need without legal
repercussions, because no official from the police will be punished.
Freedom of Speech
Media
The most popular media in Armenia is the television which is the most common source of information for
the population. The law on TV-stations is not executed in respect of diverse opinions. The licenses of TV-
stations are determined in the National Commission on TV and Radio of Armenia. According to the law
political parties cannot own TV-stations, but it is common knowledge in the Armenian society that the main
TV-stations are affiliated with political parties. Diverse TV-stations such as the A1+ have been and are still
discriminated when trying to receive nationwide broadcast rights. Furthermore the same Commission
which decides broadcasting rights, in practice controls TV-stations. According to HCA this means that some
people will never be invited to the TV-stations, apparently because their opinion is not in line with the
official policies.
The market for newspapers is small and the outlets are dependent on commercial profits in advertising etc.
Even though the law states that political parties cannot give money to or own newspapers, they are still
under influence of commercial interests, and many newspapers are corrupted. HCA mentioned that some
oligarchs deliberately give money to newspapers in order not to be mentioned in a negative article.
As regards the social media, the internet is without any political or economic influence and there is
freedom of expression. The possibility for everyone to publish what they want is existing and used. The
debate is indeed very active according to HCA.
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Armenia: State actors, political situation vulnerable groups and citizenship
The situation of journalists
Some critical journalists have experienced direct targeting in order to prevent them to publish a critical
sto . HCA e tio ed a e a ple ith the edito of the i te et pu li atio Het
ho as eate
unknown assailants when he wrote his series of articles "The Minister and the Mining Sector," which
revealed how Armenia's former Minister of Environmental Protection, Vardan Ayvazyan had allocated
mines (mostly for gold and poly-metallic) to more than a dozen relatives, thus violating several laws. The
focus on the article was on an influential businessman, who presently is deputy of the National Assembly.
Critical journalists are sometimes subject to violence both directly from the authorities and indirectly. A
good example of a violent targeting of journalists happened during the demonstrations in June 2015
against hikes in electricity prices. Journalists were beaten by the police and recordings of police violence
were deliberately deleted. In other cases journalists are targeted by unknown assailants. According to HCA
it is not unusual that members of the ruling elite hire criminals to target journalists or other critical persons.
According to HCA, journalists are not in general a vulnerable group, but it depends on the situation.
Regarding the prevalence of self-censorship among journalists, HCA stated that sexual minority groups are
the most dominant theme where journalists and society in general exercise self-censorship.
Vulnerable groups
According to HCA, the most vulnerable group in Armenia is sexual minority groups. The problem for sexual
minorities is that the society has a dominant negative view towards them. The Armenian society is
dominated by the Armenian Apostolic Church, which in accordance with the majority of the society
promotes traditional, conservative views on especially family values. Even though the minority group is not
a target of the police, they are still subjected to hate speech, discrimination in workplaces often leading to
dismissals and in some cases they become victims of violence. An example was a pub (DIY bar in Yerevan)
owned by a homosexual person, which was set on fire in May 2012.The victims have no possibility to seek
protection at the police or in the legal system, because these systems fear the public opinion, if they help
this minority group.
The situation has slightly improved. Now there are NGOs working with sexual minority rights and there is
no longer any hate speech.
Another vulnerable group in the Armenian society is persons, who choose to abandon the Armenian
Apostolic Church either to join another religion, or because they are atheists. These people are also subject
to discrimination, hate speech and in extreme cases violence from the society. They too cannot seek
protection from state actors, because the police and court systems will not touch their cases due to societal
pressure. Often these people do not have the mental and financial resources to go to the courts. As an
example was mentioned a case of a teacher, who did not belong to the Armenian Church, and who was
dismissed from her school, because she refused to teach the history of the Armenian Church.
Only strong
–
often internationally
– a ked o ga isatio s su h as the Jeho ah s Wit esses ill t to sol e
thei ase i ou ts. I the ase of Jeho ah s Wit esses the t ied all le els of the A e ia ou t s ste
before going to the ECHR in order to be able to avoid military service and have alternative service
–
a
system that is now functioning and is in general respected by the Armenian authorities.
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Armenia: State actors, political situation vulnerable groups and citizenship
Meeting with Hetq, Lianna Sayadyan, Deputy Editor 12 April 2016
About the source
Hetq online has been published in Yerevan since 2001 by the NGO called "Association of Investigative
Journalists". In 2004 the organization re-registered under the name "Investigative Journalists NGO". Initially
publishing content in Armenian, Hetq Online has also been publishing its articles and investigations in the
English language since 2002.
Among its many achievements, Hetq online is the first publication in Armenia to adopt a Code of
Ethics
218
and every journalist working with Hetq is obliged to follow the principles of this code. In 2004, the
Investigative Journalists / Hetq Online received an award from the Armenian branch of Transparency
International for its outstanding contribution to the struggle against corruption.
One peculiarity of Hetq online is that journalistic investigations are often conducted by teams
—
a new
practice in Armenian journalism. These teams also work on investigative documentary films which are
published on the Hetq website.
Freedom of Speech
The overall picture of the situation in Armenia is that freedom of speech exists to the extent that you can
write anything about anybody, when you will.
Business interests and politics are in general submerged. This is seen in the ownership of media companies
and in the advertising sector.
TV
For the television, freedom of speech is not present. In general the issue of the real ownership of media
companies is not transparent. The majority of the TV-stations are under control of family, friends and
relatives of the RA President or oligarchs connected with the ruling party
–
The Republican Party. On paper
it seems to be a normal ownership, but in practice the ruling elite and the presidential family are hiding
their ownership behind different names.
There are two TV-stations that are controlled by oppositional political parties. However, there are limits on
how much they can criticiSe the government and the president merely, because the criticism may affect
their possibility to broadcast. In general TV-stations can be critical to the power circles of the government
and the ruling party. But they exert immense self-censorship, when it comes to criticism of the RA
President.
Advertising and commercials on TV are biased. Contents of advertisements and commercials often reflect
the views of the owners. Advertising and commercial companies
–
a lucrative source of income
–
is under
the control of the ruling elite. Hetq pointed at the company that have monopoly in designing and
broadcasting TV-commercials which
is
a joint Armenian-Ukrainian company.
218
http://hetq.am/eng/about/code-of-ethics/
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Armenia: State actors, political situation vulnerable groups and citizenship
Newspapers
Armenian newspapers are polarized, but not in a pluralistic way. The circulation of newspapers is small,
why the income and impact are low. Newspapers and journals are therefore dependent on financial
beneficiaries. Hetq has evidence that some printed media belong to members of the ruling party, others to
oppositional parties or leaders. These newspapers have almost no commercials and a small number of
subscribers, which would normally not be enough to sustain the editing, but they still exist and express pro-
government point of views.
Internet
The internet media are developing. The variety and debate are developed and versatile. There is no
censorship and no restrictions. However, there is clear evidence that the ruling elite is struggling to control
the public debate. The government is investing huge amounts of money in websites that participates in the
public debate. Furthermore they are trying to manipulate the public opinion.
The situation of small independent internet media is constraint. On the one side they are able to express
their views even though they differ from the mainstream, pro-government opinion. On the other side they
are often only able to sustain their independence through external (international) funding and support
from friendly readers etc.
The situation for journalists
No journalists have been imprisoned or murdered in Armenia for doing their work. However, it is
noticeable that violence against journalists becomes prevalent just before, during and after election
campaigns. During elections journalists are being obstructed in their work, equipment, incl. cameras or the
recordings are being destroyed. Threats to terminate their opportunity to broadcast are also given.
When journalists complain to the police, the result is most often that nothing happens. Only in very few
obvious cases, it may result in an in-house investigation and the police will use internal disciplinary
measures against certain officials, i.e. degradation. But as a general rule the authorities do not prosecute
ases of iole e o ha pe i g of jou alists o k, as the lai it does ot ha e the o positio of a
crime. There have been some cases of assaults of journalists, but the cases never reached the court. If a
case comes to court the case is also often rejected by the judges. There are some lawyers who are
recording cases against journalists and who submit the cases before the ECtHR with a claim that these
cases are not investigated and intentionally closed. At the Referendum of a new Constitution in December
2015 there were numerous cases but only two cases reached the court. When the police on 23 June 2015
tried to disperse the demonstrations against hikes in electric prices, 13 journalists and camera men were
deliberately violently targeted and their work was hampered and 11 were detained, even though they
clearly stated that they were media workers and showed their press accreditation. This case is still pending.
Another case is the journalist Ani Gevorgyan, who in two incidents during 2014 was obstructed and
violently targeted by the police while covering news events. Her case was not investigated and dismissed by
the Armenian courts why she had her case tried at the European Court of Human Rights that accepted her
case in December 2015.
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Armenia: State actors, political situation vulnerable groups and citizenship
Sensitive topics
Self-censorship on the internet is prevalent in many cases. Often it is taboo for a journalist to criticise the
owners of his workplace.
Some social topics, as the role of the Armenian Apostolic Church and the Army, were sensitive years ago,
but now it is open. There have for instance been reported on child molestation among the clergy. With the
internet such information cannot be hidden, and it will always appear somewhere on the net.
Even though the Armenian society in general is not positive towards the issue of LGBT, this does not reflect
in the situation on the internet. The LGBT-community has their own websites often driven by NGOs that
represent their position. They can be subjected to hate speech also from more organised parties, such as
the e spape
Iravunq
that ofte efle ts e t e ist ie s o the LGBT-community.
An online media as Hetq often gets the opposite reaction than expected when publishing critical reports
and researches on for instance the present Nagorno-Karabakh situation and how the Ministry of Foreign
Affairs is dealing with it. The critical, investigative journalists want to see some kind of feedback to their
articles, but instead they are met with indifference and silence.
In 2008 the editor of Hetq was attacked by three people on the street after he published an article on the
relations between ownership of some lucrative mines, and the former minister on Nature Protection whose
family members were registered as owners of the mines. The police found one of the three assailants who
were sentenced to five years in prison. The attacker was a very young boy who was a relative to the
Minister. However, the court did not find the person behind the attack. The editors or staff of Hetq have
not since been subjected to violence or faced any repercussions.
Asked whether it is the perception of Hetq that the Prosecutor General would initiate new cases after
publications in the media, the interlocutor from Hetq replied that the Prosecutor General does open files of
criminal cases, if a published article states a criminal offense has been committed. But the impression is
that neither the Prosecutor General nor the police truly investigate these cases. Such cases are often closed
after a couple of months, and in reality the process is a mere imitation of an investigation.
Vulnerable groups
Replying to the question whether people engaged in mixed Armenian-Azerbaijani marriage could be
considered a vulnerable group, Hetq confirmed that there are such marriages, but it was more common in
the 99 s. The e a e ot a
i ed a iages a
o e due to the politi al situatio i oth ou t ies.
Hetq has reports of Azerbaijani women who were engaged in marriage with Armenian men. These people
live more or less peacefully in the villages of Nagorno-Karabakh.
Hetq pointed the attention to a big group of people who were persecuted for their political opinion during
the elections in 2008. According to Hetq a persecution of the opposition took place. The same scale cannot
be applied to the present political scene. There is no mass persecution of the opposition today.
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There are in fact very few cases of political persecution. Hetq mentioned two such cases: 1) Shant
Haroutuynyan
219
, who was arrested in 2013 during an attempt to walk to the presidential palace and start
a e olutio a d Ge o g Safa a , a politi al a ti ist f o Ne A e ia.
220
219
Human Rights Watch,
World Report 2015 - Armenia,
29 January 2015, available at:
http://www.refworld.org/docid/54cf83c515.html;
220
Human Rights Watch,
Armenia: Opposition Activist Jailed,
8 January 2016, available at:
http://www.refworld.org/docid/56956ebf15ae.html
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Armenia: State actors, political situation vulnerable groups and citizenship
Meeting with Public Information and Need of Knowledge NGO (PINK Armenia), Nvard
Margaryan, Chairperson, and Nikolay Hovhannisyan, Project Coordinator, 13 April 2016
About the source
The organisation was established in 2007, initially to work with prevention of HIV/AIDS and sexual
transmitted diseases. In 2008 the organisation received funding from the Global Fund and worked with the
Ministry of Health to combat sexual transmitted diseases. Human Rights were added to the programme in
2009. The organisation presently has 12 paid staff members, 10 local and two international volunteers and
receives funding from various international donors (no Armenian donors). The founders of the organisation
are all part of the LGBT community in Armenia. Presently, the organisation is running projects aimed at
LGBT empowerment, which includes the provision of services from professional lawyers, advocacy for
changes in the legal framework to promote equality and anti-discrimination, and mobilisation of the LGBT
community in Armenia.
Under which conditions does the organization undertake LGBT activities?
The office building of PINK Armenia is also a meeting point for the LGBT community. Every day around 30-
50 people come to the office as it is one of very few safe spaces in Armenia. Twice a week discussions and
entertainment, as for instance movie screenings, are arranged. The organisation cooperates with partner
NGO s ho ill p o ide a platfo fo the o ga isatio to pa ti ipate i a ious e e ts.
The organisation has only one office in Yerevan which is the only office in Armenia. The address of the
office is not generally known
–
only to people in the LGBT community. Still homophobic groups approach
the office with threats or harassment. Neighbours to the office are being approached in order to get them
to o plai a out the offi e s e iste e.
When the organisation participates in activities outside Yerevan, it is most often as part of a training
seminar on human rights or social justice in general, arranged by one of their partner NGOs. PINK Armenia
will sometimes be invited to talk about LGBT issues. The organisation tries to act as neutral as possible and
will not start a discussion on LGBT issues right away but wait for the feedback from the audience to see
how far they can go. The organisation has never had any serious problems in the regions as a result of such
trainings, but sometimes their participation will be refused in the last moment.
The organisation participates in few public events a year and only if the safety and security is ensured, as
for instance in conferences and seminars at the UN House in Yerevan. Public events are often arranged as
flash o s that a e ui kl o ga ised a d ui kl e ded.
The organisation does a lot of work relating to HIV awareness. There is a general lack of knowledge on HIV
in Armenia. According to research approx. 60 % believe that the spread of HIV is related to homosexuals.
There is free treatment in Armenia, and no problem in access to treatment neither for hetero- nor for
homosexuals.
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Armenia: State actors, political situation vulnerable groups and citizenship
In which context are LGBT persons targeted?
Around 2012 there were hate speeches and a pattern of hate crimes against LGBT persons in Armenia. Hate
crimes were organised by ultra-nationalists groups who attacked LGBT persons and firebombed a gay-
f ie dl a DIY . The Di e sit a h i Ma
as i te p eted as a ga pa ade and
also received
hate speech and expressions of aggression on homophobic basis. After 2012, PINK Armenia has
strengthened its security measures. In 2014 the level of hate speech against LGBT people increased,
espe iall afte Aust ia s i to at the Eu o
ision Song Contest by Conchita Wurst. Politicians, including
MP s, e e afte a ds iti isi g Co hita s pe fo a e a d alli g to fight agai st su h phe o e a.
If LGBT persons are open about their sexuality, they will be under constant threats and subject to violence
and eventually emigrate. LGBT persons can only have a life in Armenia if they are not open about their
sexuality. For that reason, many gay people marry into heterosexual marriages in order to avoid being
targeted. Socially, lesbians are more accepted than gays and the attitude towards lesbians are less hard
than towards gays. The most vulnerable group is the transgender group. Crossdressers are seen as being
gay and hence targeted.
Ultra-nationalists are on the rise in Armenia. Especially in spring 2016 with the crisis in Nagorno-Karabakh,
the expectation is that nationalist rhetoric will increase. Recently, in March 2016,
-
two staff members of
PINK and three other LGBT persons were attacked in the street close to their office. The case was reported
to the police and is still pending. The expectation is that police will not investigate the case, and most likely
the case will close without further investigation.
After social and political events like elections, referendums or for instance duri
g Natio al Asse l s
dis ussio s o the d aft la o E ual Rights a d E ual Oppo tu ities fo Me a d Wo e i
, LGBT
groups are often scapegoats for addressing discontent, as LGBT are portrayed as enemies of the country. In
Armenia, all political parties in the National Assembly are right wing parties who do not support LGBT.
However, there are youth activists of some political parties (Civil Contract, ANC and Heritage Party) that can
support some LGBT issues.
PINK has no direct communication with politicians in Armenia on LGBT issues. The topic is taboo, and the
organisation relies on international support. However, PINK found that there is hope for the younger
generation, and that there may be a change in the attitude towards LGBT in future. Compared to five years
ago the situation is improving, and LGBT issues are now more visible. LGBT groups receive some support
from street activists and solidarity from feminists groups.
Asked about the limits of LGBT activities in Armenia, PINK answered that a Pride Parade could definitely not
take place in Armenia, as it would be far too risky for the participants.
Protection from state actors or other agencies?
There are no shelters for LGBT persons who need protection. The attitude of many families is not
supportive, and LGBT persons may risk retaliation from their own families. People in Armenia are in general
connected to their family for financial reasons. However, the LGBT community sticks together, and there
are host families who can provide shelter, if needed.
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On the question of whether the police will provide protection if the organisation calls for assistance, the
ep ese tati es of PINK e e ot su e. O o e ha d, the poli e did p o ide suppo t du i g the Di e sit
Ma h i Ma
, ut o the othe ha d,
the police are treating people badly if LGBT persons come to
report a case. Some LGBT persons go and report cases, but others do not. People have been mocked by the
police and treated badly. In addition, the person in question may not be sure that the police will not
provide information on the case to his/her family.
There are also examples of people who wanted to report a hate crime, and who have had the case turned
against themselves as a case of prostitution. This has happened if the victim of a hate crime was a
transgender person. Some of these persons are sex workers, and transgender persons are in general the
most vulnerable group, as they are also more visible. There are examples of transgender persons being
beaten up in front of the Prosecutor General
s offi e ithout a od i te fe i g. The P ose uto s Offi e
refused to deliver the video surveillance afterwards. In 2014, a transgender person was attacked and
beaten by five people on Sakharov Square. The person said she called the police, but the police stated that
she was a prostitute and should be fined for that. The actual report on physical abuse was never
investigated.
In general, cases concerning LGBT persons do not go to court. LGBT persons do not want to promote cases,
as they do not want to be disclosed. Anytime a case becomes public, there is a risk of retaliation from ultra-
nationalists groups. There is no support from the Ombudsman, as he has no power to deal with this issue
according to PINK. PINK assessed that bringing a matter before the Constitutional Court was not an option
either.
Homosexuality is not forbidden in Armenia, but there is no law to protect LGBT persons if they are
attacked. The absence of anti-discrimination legislation and any general policy to combat discrimination
foster the improper investigation in crimes against LGBT people.
Furthermore, there is no public support for LGBT groups in Armenia. At hearings in the National Assembly
on issues related to LGBT, Armenian politicians will deliver homophobic speeches, and there is no political
will to change the situation. In the Eurasian Economic Union, anti-LGBT-laws have been passed. This type of
law is still pending in Armenia, but the union is promoting traditional values supporting similar laws. During
the 2015 changes of the RA Constitution same-sex marriages were banned by law. Previously there had
been no mentioning of same-sex marriages in the RA Constitution.
However, last year (2015), PINK Armenian forwarded three cases to the European Court of Human Rights
and they have all been accepted:
The first case
–
Oganezova vs. Armenia
–
is about the firebombing of DIY bar in Yerevan on May 8, 2012
and writings at the entrance of the bar with threats of retribution against the owner regarding her sexual
orientation, and the fact that the bar was LGBT friendly. The crime has not been defined as a hate crime at
Armenian Courts. The case has gone through all court instances in Armenia. ECHR has accepted the case,
but the case has still not been communicated.
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The second case is related to hate speech of public figures and politicians in connection with the
firebombing of the DIY pub. The suspects in the attack were bailed out of jail by Artsvik Minasyan, a
Member of Parliament, who represents the Armenian Revolutionary Federation (Dashnaktsutyun). In an
interview on 18 May 2012, deputy speaker of the National Assembly Eduard Sharmazanov was quoted in
elatio to the i ide t:
As an Armenian citizen and member of a national-conservative party, I find the
rebellion of the two young Armenian people against the homosexuals, who have created a den of perversion
in our country and have a goal of alienating the society from its moral values, completely right and justified.
Those human rights defenders, who are trying to earn cheap dividends from this incident, I urge them first
and foremost to protect the national and universal values.
The third case
–
Minasyan and others vs. Armenia
–
concerns an Armenian newspaper named
Ira u k ,
which in 2014 published homophobic articles declari
g LGBT pe so s e e ies of the state . The Edito i
Chief of the newspaper, who belongs to the Republican Party, had called on the Armenian society,
e ou agi g the eade s ot to hi e a LGBT pe so s i jo s. The e spape pu lished a la k list ith
names of 60 individuals with external links to their Facebook profiles, where the editor called upon readers
to not greet these people or socialise with them, and to express zero tolerance towards them. As a
consequence one teacher was fired from his/her job, and a lot of people has until now had a hard time
finding jobs. The black list also included an Iranian citizen who was later called by the Iranian Embassy in
Yerevan for questioning. He can now not return to Iran. Sixteen citizens mentioned in the list initiated a
joi t i il la suit agai st I a u k Media o the asis of da age to ho ou a d dig it . I O to e
the case was dismissed by the court, and in April 2015 an appeals court rejected the appeal. The case is
now pending at ECHR.
Media
PINK has its own website and every fourth month PINK publishes a magazine on the website. There are
some LGBT friendly journalists in Armenia that will publish articles regarding workshops an events bringing
LGBT on the agenda. PINK staff also appears on talk shows, however not seldom are the representatives
treated as enemies or foreign agents. The general opinion is that every LGBT person receives money from
organisations abroad in order to convert the people of Armenia to homosexuality.
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Meeting with Transparency International Anti-corruption Center, Varuzhan Hoktanyan, Executive
Director, and Khachik Harutyunyan, Anti-corruption expert, 7 April 2016
About the source
In July 2000 the NGO was founded and named the Centre for Regional Development. Since October 2001
the organisation is the official accredited chapter of the Transparency International (TI), an international
non-governmental organisation fighting corruption. After that and until February 2008 the name of the
organisation was Centre for Regional Development/Transparency International (CRD/TI). In February 2008,
the NGO was reregistered and renamed as Transparency International Anti-corruption Centre (TIAC).
Throughout 15 years of work, TIAC became the main watchdog NGO in Armenia in the field of good
governance, and fight against corruption and in 2013 the Board of Directors of Transparency International
(TI) global anticorruption movement has approved the confirmation of the status of Transparency
International Anticorruption Centre as a fully accredited National Chapter of TI in Armenia. In 2013, the TI
Board of Directors confirmed the accreditation of TIAC for the next three years. Currently the organisation
is undergoing accreditation procedure for the next 3 years (2016-2019).
The goals of the organisation are to support effective anti-corruption policy and transparent and
accountable governance; to support the holding of free, fair and transparent elections and the
establishment of electoral institute; to promote reasonable, transparent and accountable public resource
management, including the management of state and community property and financial resources; to
foster democratic processes, including protection of human rights and public participation in the
governance processes of the country.
State actors
The A e ia hapte of T a spa e
I te atio al e plai ed that a o di g to the TI s Co uptio
Perception Index (CPI), the perception of corruption in Armenia is stable, and it shows that corruption is a
serious problem in Ar
e ia. It is the e pe ie e that the people s pe eptio of the le el of o uptio
correlates with the actual level of corruption in state institutions.
The courts are perceived to be among the three worst corrupt state institutions in Armenia together with
Public Service and the Health System, according to the findings of the 2013 report of TI Global Corruption
Barometer. The Armenian National Police is placed as number four on the list of most corrupt institutions
according to the same barometer. According to Transparency International, the primary reason for the
corruption in the Armenian Judiciary is the general lack of independence of the institutions. In the case of
Armenian Police, as is the case with other state institutions, the corruption is systemic, as it starts from the
bottom level and goes all the way to the highest management. Transparency International referred to the
A e ia O uds a s
Repo t that stated that a age s at all le els ha e s ste ised the a ou t
of money their subordinates must pay them every month.
In general both the police and the judiciary have no independence from the president and the political
elite. Political influence is being used in both the judiciary and the police and bribery of top- and low-level
officials is widespread. Armenia has one published name of a high-ranking public official in the so-called
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221
Pa a a-pape s that e e pu lished i the egi i g of Ap il
. The head of department of the
Mandatory Enforcement of Judicial Acts was named as an Armenian official who had sent money to off-
shore accounts. According to Transparency International, corruption must be widespread when an official
with such a position is involved.
The lack of independence at courts was illustrated by the case of Aleksandr Arzumanyan who was one of
the leaders of Armenian opposition movement. He was supporting one of the leaders of the opposition,
Levon Ter-Petrosyan, during the February 2008 presidential elections. Ter-Petrosyan and his team did not
accept the results of the elections and, immediately after the elections; they started street protests against
the government. On March 1, 2008 the police suppressed those protests using also lethal weapons, as a
result of which 10 people were killed and more than 200 were wounded. Many leaders of this oppositional
force were arrested and among them was Arzumanyan. In order to show that these arrested people were
not political prisoners, the authorities fabricated cases against them on non-political grounds. In particular,
Arzumanyan was accused of money laundering.
Access to file a complaint
Access to file a complaint could be more difficult outside Yerevan as fighting corruption in the regions is
more cumbersome. In a village or small city, everybody knows each other and if someone files a complaint
to the law enforcement authorities, there may be a chance that the guilty person is related to the
authorities or can manipulate the authorities through bribes.
Special Investigation Service
TIAC has no specific knowledge about the independence and the effect of the Armenian Special
Investigation Service. According to the organisation, there are three main problems with the legislation
concerning the Special Investigation Service: Firstly, there is no clarity in the Criminal Procedure Code
regarding the jurisdiction of the service. Secondly, the legislation concerning whistle-blowers is very weak.
As an example, if you approach the police with a complaint, it can take up to three days before the criminal
procedural status of the complainant is decided and during that period the person virtually is out of any
protection granted by the legislation for persons who have status under the criminal procedure. People are
only protected if they are granted a criminal procedural status (victim, witness etc.). This raises the issue of
the risk of retaliation. Thirdly, there is no requirement in the legislation for being able to present evidence
when filing a complaint regarding corruption, but on the other hand if no evidence can be presented to
support the complaint, the plaintiff may be charged with filing a false report or with slander.
The Ombudsman
The Ombudsman published a report in 2013 that was based on anonymous interviews. The report criticised
the judiciary, and exposed how much a person will have to pay in court to have his/her case decided in his
favour. But the report also revealed the ineffectiveness and lack of independence of the institution. When
the report came, it was not properly accepted. The Ombudsman was criticised and after a while he
resigned. He was the third Ombudsman. All former Ombudsmen in Armenia have left the office after raising
221
According to Transparency International later (on 9 May 2016) all files of the Panama papers were made public, it
appeared that there were 37 Armenian names (26 from Armenia and 11 from Diaspora), though only this guy was high-
ranking public official among them.
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criticism. In the case of the first Ombudsman, the president of Armenia did not appoint her for the second
term, though, by law, he could re-appoint her. The second Ombudsman, after harsh criticism from the
same president, found a job with the UN and left the country.
Constitutional Court
The Constitutional Court is praised for the fact, that it sometimes makes good decisions, as the professional
staff members are qualified. If the cases do not cover sensitive issues i.e. political issues, and if persons
from the government are not involved, the decisions of the court may be proper. As an example in
electoral disputes, none of the verdicts of the Constitutional Court were in favour of the opposition.
The access to the court is equal for all and it is not mandatory to hire a lawyer. But if you hire a good lawyer
your chances to win the case is higher, which in practice limits access to resourceful persons.
The Constitutional Court can only take cases, when the constitutionality of the law or its provisions is being
tested.
Citizenship
On the question of the role of corruption in relation to the process of obtaining Armenian citizenship,
Transparency International had no knowledge about any influence. TIAC recalled a case when the French
citizen and ethnic Armenian Sarkis Hatcpanyan was denied citizenship due to his activities as a civil activist.
On January 2013 he was finally granted Armenian citizenship, after 5 years of struggle. TIAC mentioned that
since 2013 he has not been active in politics.
Political situation
The elections in Armenia suffer from the prevalence of falsifications and vote bribing. It is not possible to
change the government by democratic means. The political system is very centralized and built on a clan
system and a politicisation of the economy. The political and economic elites are converged.
Freedom of expression
According to Transparency International the freedom of expression of the media is being influenced by
political and economic interests. The overwhelming majority of news media are private entities. In the case
of printed media the advertising market and other financing opportunities are weak, and these media may
have let persons pay for articles or pay for not publishing articles.
Regarding the situation of journalists, there were previously many insults targeting journalists and there
were criminal cases against them for libel or insult. Now, after libel and insult were de-criminalized, public
officials or tycoons are suing them for moral damage and demanding very large sums of compensation.
On the impact of investigative journalism, Transparency International referred to the case of former Prime
Minister Tigran Sargsyan who had to resign in 2014 because of promoting an unpopular pension reform.
The Constitutional Court ruled that many provisions of that legislation were unconstitutional. However,
many journalists and experts claimed that his resignation was also connected with an off-shore scandal, in
which he was also involved. Afterwards, he was appointed ambassador to the USA and now he is serving as
Chairman of the Collegium of the Eurasian Economic Union. Often there is no consequence for state
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Armenia: State actors, political situation vulnerable groups and citizenship
officials whose misconduct has been exposed by journalists since state officials in Armenia enjoy a high
level of impunity.
As of publicly known activists who criticise or jeopardise the existence of the government, TIAC stated, that
they are not under some kind of protection. The authorities are simply being afraid of serious negative
consequences in their relations with international organisations and foreign, mainly Western, embassies.
Therefore they refrain to behave in the same way related to some publicly known activists. However, in the
last two-three years and even now, there have been and still are well-known activists, who are either
physically harassed (beaten) or are arrested on the grounds of resisting police. Regarding the citizens,
generally, they will face either threats or physical harassment or problems in their workplace, but not
criminal cases.
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Meeting with Women Resource Centre, Lara Aharonian, Co-director, and Gohar Shahnazaryan,
CO-director 8 April 2016
About the source
The Women's Resource Center Armenia (WRCA) was founded in 2003 by women from Armenia and the
diaspora, and is the first resource center created in the post-soviet Armenia for young women. WRCA is
working in the area of women's human rights, reproductive and sexual rights, sexual violence and women's
role in the conflict resolution and peace building in the region of South Caucasus.
The organization is one of the initiator of "Women's Coalition for Peace" and "Young Women's Network of
South Caucasus" and is cooperating with women's organization in Georgia, Abkhazia, Azerbaijan and South
Ossetia. WRCA is working in the area of women's human rights, reproductive and sexual rights, sexual
violence and women's role in the conflict resolution and peace building in the region of South Caucasus.
The organization is one of the initiator of "Women's Coalition for Peace" and "Young Women's Network of
South Caucasus" and is cooperating with women's organization in Georgia, Abkhazia, Azerbaijan and South
Ossetia. Since 2008 WRCA has started a hotline and peer-to-peer group for the girls and women- victims of
sexual violence in Yerevan.
Women
The role of women in General
Legally Armenia has developed gender equality, but the real rights remain in paper and are not
implemented in practice. Armenia has adopted a National Action Plan to improve the situation for women
and to combat violence, but the government does not work on the impact of the rights and is not
monitoring the situation. Women have a very low representatio
i pu li a d politi al life a d o e s
representation in politics is only eight to nine percent, one of the lowest numbers in the region. Women
are generally lower paid than men partly because women are working in the mid- to low-level positions
even though the level of education of women and girls is more or less equal to the level of education for
men and boys. This does not transfer into equal salaries and equal participation in the labour market. There
seems to be no political will to change the situation. The laws are signed, but in reality there are no equal
rights and the situation is degrading more and more.
Targeting of women activities
The law on Equal Rights and Equal Opportunities for Women and Men was passed in 2013 (when Armenia
negotiated a possible Association Agreement with the EU). In the context of the negotiations of this
agreement a Russian-inspired pro-family campaign was launched targeting the gender debate. As in many
neighbouring countries a Parent Committee was formed in Armenia. This committee was heavily influenced
by Russia and the head of the Armenian Parent Committee was an Armenian from Russia. The Committee
was responsible for an online campaign against equal rights and LGBT rights.
Hate speeches were spread on the social media against women activists dealing with domestic violence.
Also some women activists from the Women Resource Centre, WRCA, were at that time targeted with hate
speech and threats by right-wing nationalistic groups who threatened to blow up the centre. The Women
Resou e Ce t e is o e of the o ga isatio s o ki g ith o e s ights hi h is isi le a d that is
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Armenia: State actors, political situation vulnerable groups and citizenship
probably the reason for being targeted. Photos of some WRCA members were shared on social media in
2013 when they were lobbying for the law on domestic violence. After 2013 the organisation changed their
security procedures. They have also had incidents where angry husbands have come to the WRCA office to
search for their wives.
The majority of people in Armenia are generally copying Russian values. In the capital and regions, women
a ti ists a e o side ed e e ies of the atio
ho ill dest o the fa il . It is also elie ed that o e
organisations are promoting homosexuality and want to change the sexual orientation of young girls.
Many people in Armenia believe that Russia is an important ally to Armenia, both economically and
politically. Most families have direct ties to Russia due to migrant workers and are manipulated to believe
that Western values (represented by the EU) are detrimental to Armenian values and family concept. They
believe that it is better to ally with the Russians who are stricter on these issues.
Over the last years the situation has improved in some areas, as for instance with regard to domestic
violence women are voicing this issue more often and it is more visible now. The government does not
a t to use the o d ge de , ut a e talki g a out e ual ights fo
e a d o e . The o d
ge de has
been removed from all official papers. There is a clear manipulation, which results in a fear
to a ds the o d ge de a d hoe e uses it o p o otes it.
Domestic violence
Domestic violence is widespread in Armenia, but there is no law criminalising domestic violence. There
have been no national campaign and no effort from the government to change the situation. There are
seven NGOs in Armenia working in a coalition to prevent violence against women. This coalition was
established four years ago. The organisations are also monitoring court cases and lobbying the initiatives to
prevent domestic violence. They also published a first Femicide report, where they documented the killings
of 30 women these past years due to domestic violence and the environment of impunity.
Protection of victims
There are two shelters for women who are victims of domestic violence in Armenia. The shelters are run by
a d fi a ed NGOs the Wo e s Suppo t Ce t e a d the Wo e s Rights Ce t e . The shelte s a e
both located in Yerevan. The two shelters can house altogether 15 women and their children. They are
often full and women then have no other option than to rent a house. In seldom cases the woman has been
referred to a shelter by the police. There have been cases where husbands of the victim were related to the
government or to oligarchs. In one case, the NGOs assisted to woman to leave for Tbilisi in Georgia. There
ha e also ee ases he e the poli e ha e leaked the o e s add ess to the hus a ds a d the hus a ds
have shown up at the shelter. However, the police are trying to be better in handling these situations now,
and the situation has improved compared to ten years ago. Recently, there were two cases of women who
were stabbed to death by their husbands. In both instances the women had previously reported their case
to the police. The punishment given to the husbands were only three years in prison as it was seen as a
passionate crime. However, if the woman kills the husband it is not seen as a passionate crime. Due to the
lack of a law criminalising domestic violence, the authorities are not taking any action in such cases. There
have been 30 cases of women killed by their husbands during the last four years.
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Reporting and handling of cases by the authorities
Cases of domestic violence are sometimes reported by the victim herself or by relatives of the victim to the
NGOs, but not to the authorities. If women contact the police the response would often be that she should
go ho e a d figu e it out ith he hus a d.
But in the regions the police officer would often know the
husband why women would not go to the police.
Only in extreme cases, if the woman ends up in the hospital, because she is beaten up, may the case be
reported to the authorities. If the women are reporting threats only, no steps will be taken by the
authorities.
There is no legal base for referring cases of domestic violence to the authorities. In 2013 (when Armenia
was negotiating with the EU), a law criminalising domestic violence was proposed, but it was not approved.
Women organisations are at present lobbying for a new attempt to approve the law.
Women who report domestic violence are in a difficult situation. They may have their children taken away
from them. According to WRCA, whoever taken the children first may keep them
–
even if the child is an
infant. The strongest part almost always wins in these cases and it is most often the husband.
They may also risk retaliation from their families and husbands. Only in rare cases, the family will support
the woman but otherwise it is considered a shame for the family. Women who report domestic violence
may end up having nowhere to go. As families are living together in the same house, there will be no room
for extra people, if the woman returns to her own family. The issue of inflicting shame on the family is also
a factor.
The church condemns domestic violence, but does not provide any protection to the woman or any shelter
for battered women.
The woman may report to the local mayor who is more powerful, but he will most probably only try to
mediate in order to reconcile the husband and the wife.
Most often women do not report rape cases in Armenia. The investigation they would have to go through
would all be led by men who will intimidate them. Women feel it could be a horrible experience for which
easo the a el epo t a ase. The o a s fa il ould also t to hide it, as the fa il ould feel it is
a shame. Statutory rape cases are, however, reported.
Cases of domestic violence mostly come to the court if the woman is killed by her husband. In such cases,
lawyers would discredit the woman by for instance indicating that she was promiscuous in her marriage.
Nobody would ask the husband about the same thing.
Very little work has been done to train judges or prosecutors on gender issues. In addition, judges and
prosecutors are easy to bribe, but the women do not have economic means to pay any bribes.
Regarding the impact of the Ombudsman in cases related to domestic violence, WRC found that the staff of
the Ombudsman is supportive to the law on domestic violence. However, the Ombudsman is appointed by
the government and does not have a lot of power. The organisation also referred to the 2013 special report
of the Ombudsman which is pointing at bribery of judges as a general problem.
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Armenia: State actors, political situation vulnerable groups and citizenship
Freedom of speech
All TV broadcasts are pro-government. It is difficult to get a message through that is not in accordance with
the go e
e t s ie s. O
-line news sites do some reporting on cases in the court relating to domestic
violence. The coalition of NGOs working with domestic violence has its own website
www.womenofarmenia.org
and is on Facebook.
Freedom of assembly
In general the people of Armenia are enjoying the right to free assembly. On 25 November 2015 a
demonstration against violence on women was arranged. The demonstration experienced no problems. It
is accepted to arrange protest marches. However, on March 8 a march was arranged and people carrying
one poster with the rainbow flag came under attack. It is still dangerous to talk about LGBT-issues.
LGBT
LGBT person are a vulnerable group in Armenia. They may be beaten up in the streets. Recently, one
transgender woman and two LGBT activists were beaten up in the street near the WRC office. LGBT
persons are also subject to hate speech. A member of the National Assembly from the ruling party who
o s the edia outlet alled I a u
has pu lished Russia p opaga da agai st LGBT pe so s. The sa e
person is also closel
li ked to the Pa e ts Co
ittee.
Also in social media, huge groups are spreading hate messages about LGBT.
Religious Minorities
Jeho ah s Wit esses a d othe Ch istia se ts a e ul e a le g oups i A
e ia.
They may be targeted if they go in the street and distribute materials. Teachers who belong to the
Jeho ah s Wit esses a lose thei jo if the s hool k o s that the a e Jeho ah s Wit esses. Child e of
Jeho ah s Wit esses a e fo ed to pa ti ipate i eligious edu atio a d the histo of the
Armenian
Apostolic Church in the school.
209