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CoE Human Rights commissioner to touch upon Article 301

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  • CoE Human Rights commissioner to touch upon Article 301

    Lragir, Armenia
    Oct 12 2007


    COE HUMAN RIGHTS COMMISSIONER WILL TOUCH UPON ARTICLE 301



    Before bidding farewell to Armenia Thomas Hammarberg, CoE Human
    Rights Commissioner, held a news conference on October 11. He was
    asked if there are political prisoners in Armenia. The reporter who
    asked the question mentioned Arman Babajanyan, Jirair Sefilyan,
    Vardan Malkhasyan, since Thomas Hammarberg met with them over his
    five days stay in Armenia.

    Hammarberg said he used to be the secretary general of Amnesty
    International and they spent hours on the definition of a political
    prisoner and concluded that in practice the term is not useful for
    reaching definite results. Instead he says they prefer the term
    `prisoner of conscience'. He says they discussed this issue with
    Andrey Sakharov how to define people who should not be put to prison
    for the simple reason that they are not wrongdoers.


    Nevertheless, he answered this question in general, in parts
    theoretical observations. According to Thomas Hammarberg, some crimes
    viewed as so-called political crime involve violence, and in some
    cases he says they cannot tell governments why they are keeping the
    person in prison even though that person used violence but it is
    obvious that that person was arrested for political reasons.


    He says it is another issue if there are people in prison who should
    not be there. He says this is the case when he tries to focus on how
    the system of justice works. He pointed to torture to extort a
    written confession, and this confession is offered to the court as
    evidence, and as a result the person is put to prison. He says if the
    crime that the person committed has a political context, the person
    should be called a political criminal, if there was another motive,
    the person should not be called a political prisoner. Another problem
    observed in different countries is disproportionate sentence when a
    person is sentenced to a more severe punishment than in case this
    person were not a political activist. Thomas Hammarberg said they
    have studied some cases but not many, and declined to speak about
    separate cases during the news conference.


    The CoE human rights commissioner said his report on the state of
    human rights in Armenia will also touch upon Article 301 of the crime
    code which provides for imprisonment for appeals for a violent coup.
    Jirair Sefilyan and Vardan Malkhasyan were arrested on this article.
    Thomas Hammarberg thinks the legislation meting out punishment for
    writing or saying something should be decriminalized. However, he
    declined to speak in more detail about the article saying that he
    would prefer studying it first. Hammarberg only said the report will
    also touch upon this article.

    From: Emil Lazarian | Ararat NewsPress
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