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PACE Monitoring Committee remains concerned re Res 1609 and 1620

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  • PACE Monitoring Committee remains concerned re Res 1609 and 1620

    Armenia: PACE Monitoring Committee remains concerned about the limited
    progress with regard to the implementation of Resolutions 1609 and 1620

    Strasbourg, 02.10.2008 - The Monitoring Committee of the Parliamentary
    Assembly of the Council of Europe (PACE) has received the report from
    the Human Rights Commissioner regarding his visit to Yerevan from 13 to
    15 July 2008 and is extremely alarmed about its findings and conclusions
    that show that only limited progress has been achieved regarding key
    demands of the Assembly. The committee therefore invited the Human
    Rights Commissioner to return to Yerevan and report back to the
    committee at its meeting in Paris on 17 December 2008.

    While noting the positive steps made regarding establishment of an
    independent and credible inquiry, the Monitoring Committee remains
    extremely concerned regarding persons deprived of their liberty in
    relation to the events on 1 and 2 March 2008.

    In Resolution 1620 (2008), the Assembly made it clear that "the cases
    still under investigation should be closed or promptly brought before
    the courts"; "a verdict based solely on police testimony without
    corroborating evidence cannot be acceptable" and that "the cases under
    Articles 300 and 225 of the Criminal Code should be dropped unless there
    is strong evidence that the accused have personally committed acts of
    violence or ordered, abetted or assisted to commit them".

    In that respect, the committee took note that, while the investigations
    regarding persons in preventive detention have now closed, the cases
    against seven, all charged under articles 300 and 225, have not yet been
    brought before the courts as a result of the excessive length of the
    investigation. In addition, the committee is deeply concerned that the
    investigations regarding the responsibility for the ten deaths on 1 and
    2 March have not yet been, or are not yet on the point of being,
    concluded.

    Serious questions remain regarding the nature of the charges brought
    against people arrested in relation to the events on 1 and 2 March, as
    well as regarding the court proceedings of several cases, including with
    regard to the principle of a fair trial. In addition, and contrary to
    Assembly demands, 19 persons have been convicted on the basis of police
    testimony only. The committee is therefore seriously concerned that
    people may have been detained, and even convicted, based on political
    beliefs and non-violent activities, which is unacceptable to the
    Assembly.

    The committee regrets that the Armenian authorities did not consider the
    possibility of amnesty, pardons, or any other legal means available to
    them, to resolve the situation regarding persons deprived of their
    liberty in relation to the events on 1 and 2 March 2008. It strongly
    urges the authorities to consider such options, which would result in
    major progress towards meeting the requirements of the Assembly.

    The committee noted the positive steps regarding the establishment of an
    independent and credible inquiry as outlined in the report by the
    Commissioner. The committee expresses its full support for the proposals
    made by the Commissioner. It welcomes the constructive dialogue between
    the Armenian authorities and Commissioner on this issue and hopes that
    the remaining outstanding issues will be resolved soon in order for the
    expert group to start and finalise its work as soon as possible.

    The committee is of the view that Armenia is on a threshold regarding
    the implementation of Resolutions 1609 (2008) and 1620 (2008). Now is
    the time for the Armenian authorities to show the political will to
    resolve this problem. The committee places its full trust in, and gives
    its full support for the work of the Human Rights Commissioner in this
    respect. Therefore, it would invite the Commissioner to make a follow-up
    visit to Yerevan and to report back to the committee at its meeting on
    17 December 2008 on the progress made regarding the independent and
    credible inquiry and release of persons deprived of their liberty in
    relation to the events on 1 and 2 March. In December, on the basis of
    that report, the committee will make its decision on the actions, and
    possible sanctions, it will recommend to the plenary of the Assembly in
    January 2009.
    From: Baghdasarian
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