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REPORTERS IN ARMENIA CAN'T EXPECT ANY ASSISTANCE FROM LAW ENFORCEMENT
Sara Petrosyan
http://hetq.am/eng/articles/17891/reporters-in-armenia-cant-expect-any-assistance-from-law-enforcement.html
15:17, August 28, 2012
Elections are the litmus test for democracy in Armenia.
2012 is an election year and the authorities have promised democratic
elections; something that has never happened.
No one really expects this to happen. Everyone knows that elections
give rise to increased incidents of violence and restrictions placed
on reporters doing their jobs.
It must be noted that certain progress has been registered in
comparison to the previous national election. In 2012, seven cases
of reporters being hindered from doing their job were reported.
This favorably compares to 18 cases in 2008 during the presidential
election. During the 2009 parliamentary elections, 11 such cases
were reported.
While the number of cases may have decreased, the form of the violence
committed didn't soften nor did the attitude of the government. Law
enforcement continued to let the perpetrators go unpunished.
The mayoral election in Hrazdan on February 12, 2012, preceded the
parliamentary elections in Armenia this year. An incident of violence
during the election went viral on the internet and caused an uproar.
On the day of the mayoral election, a group called "We Will Not Be
Silent" circulated a video on You Tube entitled "Assault Against
a Reporter"
The group noted that 5,000 AMD election bribes were being handed out
all day from a local property board office and that when a reporter
started filming what was taking place those giving the bribes
attacked him.
A criminal case was launched and the police requested that witnesses
come forward to testify.
While there was no mention of the "We Will Not Be Silent" group on
the YouTube "Elections" page, it wasn't difficult for the police to
track them down. Those who downloaded the video assisted the police
and provided them with whatever information they had.
Soon afterwards, however, the police came up with a scheme to let
the bribe givers and attackers off the hook. The Kotayk Marz Deputy
Prosecutor dropped the criminal case and the investigation was stopped
in its tracks. (See: Is Hooliganism No Longer a Crime?)
That a case of hooliganism took place is beyond question and the
identities of those responsible are known. However, the person who
filmed the attack never came forward. But it remains unclear what
would have changed had that person indentified himself or herself.
Nevertheless, the pre-investigative body decided not to track down
the photographer since the person was affiliated with the "We Will
Not Be Silent" group which is amorphous to begin with. It would be
like looking for a needle in a haystack.
The Court of Cassation put the finishing touches to the case with
its verdict of April 27, 2012. It dealt with potential slander and
insult issues and warned reporters that they were taking legal risks
by using unverifiable sources.
Even if the news source was republished faithfully it doesn't mean
that the press outlet is freed from accountability and could be sued.
According to RA Civil Code Article 1087, Part 6, if information
is being disseminated from a source that isn't a legal entity, it
shouldn't be used. Otherwise, those circulating the information will
be held accountable.
During this year's parliamentary elections on May 6, seven cases of
reporters being prevented from doing their jobs were reported. In
four of the cases, criminal proceedings were launched based on Article
164 of the RA Criminal Code - "Hindering reporters from carrying out
their professional activities".
The examination process of the criminal cases clearly shows that the
attitude of the authorities hasn't changed and that members of the
press can expect no defense from law enforcement.
The police dropped the criminal case of violence perpetrated on Elina
Chilingaryan, a reporter with Radio Liberty, with arguments that
reached absurd levels. The reporter was found to have overstepped
her professional bounds and her attackers were exonerated of any crime.
The other three cases were registered in the Gyumri election district.
If the Chilingaryan case was dropped because the reporter wasn't
wearing her press badge, this failed to save Karen Alekyan, a
reporter/cameraman with the Maxinfo news agency.
This case and the two others were joined and sent as one package to
the Special Investigative Service (SIS). No one has been charged in
the four months that have followed. The SIS has told Hetq that it
has failed to come up with any suspects and that the investigation
is continuing.
It is unclear where the SIS is looking for suspects. But it is worth
noting that in the case of Varazdat Papikyan, a cameraman with Kentron
TV who had his video camera snatched from his hands, it was an election
proxy for the Prosperous Armenia Party who informed the police.
The proxy told cops that he saw Spartak Ghoukasyan, son of the Gyumri
mayor, snatch the camera from Papikyan and escort him out of the
polling station.
During and prior to the parliamentary elections other incidents took
place that police failed to follow up with criminal proceedings.
Nayira Nalbandyan (GALA TV) - The reporter informed police that on the
day before the elections she went to see G. Hovhannisyan, President
of Election District Committee #33 with some questions. The official
failed to provide the requested information, started to argue and
hindered the reporter in her duties.
Nelli Babayan (Aravot newspaper) - When the reporter was filming
the long lines of voters waiting at Davtashen Polling Station 5/11,
an unidentified person approached and snatched her cell phone. The
individual claimed that the reporter had no right to take photos.
Artour Haroutyunyan (mynews.am) - The reporter says that when he
attempted to photograph the crowds of voters outside Ararat Polling
Station #18/17, he was reprimanded by local election board member
Armen Abrahamyan. The reporter claims that Abrahamyan accused him of
not being impartial and described his work as "monkey business".
The above examples show that law enforcement is indifferent when
it comes to criminally investigating such incidents even though
the identities of those guilty of impeding the work of journalists
are known.
Criminal cases are launched purely for "show".
But law enforcement had to justify its actions in the following case
that caused a furor inArmenia's media community.
Hayk Gevorgyan (Haykakan Zhamanak) - On the morning of February 3,
2012, men in civilian dress took the reporter into custody as he
was going to work. Gevorgyan was later arrested and transferred to
the Nubarashen Correctional Facility. Law enforcement justified the
move by stating that Gevorgyan was being sought as of January 23 for
hitting a pedestrian with his car on January 13 and fleeing the scene
of the accident.
Police claim that they had contacted Gevorgyan by mail to report to
police but that he failed to do so.
Many in the media community and a number of human rights groups
called for Gevorgyan's immediate release and accused law enforcement
of fabricating charges against the reporter due to his criticism of
Police Chief Vladimir Gasbaryan.
Before a local court was to rule on the pre-trial detention of
Gevorgyan, the state prosecutor in the case modified the detention,
substituting jail for a promise by Gevorgyan not to flee the city.
On July 3, the Traffic Crimes Division of the RA Police dropped the
charges against Gevorgyan, citing a lack of "corpus deliciti".
The newspaper noted that this was a convenient move by law enforcement
to avoid any embarrassment had the case gone to court, given that it
would be easily proven that the traffic accident had been fabricated.
From: A. Papazian
Sara Petrosyan
http://hetq.am/eng/articles/17891/reporters-in-armenia-cant-expect-any-assistance-from-law-enforcement.html
15:17, August 28, 2012
Elections are the litmus test for democracy in Armenia.
2012 is an election year and the authorities have promised democratic
elections; something that has never happened.
No one really expects this to happen. Everyone knows that elections
give rise to increased incidents of violence and restrictions placed
on reporters doing their jobs.
It must be noted that certain progress has been registered in
comparison to the previous national election. In 2012, seven cases
of reporters being hindered from doing their job were reported.
This favorably compares to 18 cases in 2008 during the presidential
election. During the 2009 parliamentary elections, 11 such cases
were reported.
While the number of cases may have decreased, the form of the violence
committed didn't soften nor did the attitude of the government. Law
enforcement continued to let the perpetrators go unpunished.
The mayoral election in Hrazdan on February 12, 2012, preceded the
parliamentary elections in Armenia this year. An incident of violence
during the election went viral on the internet and caused an uproar.
On the day of the mayoral election, a group called "We Will Not Be
Silent" circulated a video on You Tube entitled "Assault Against
a Reporter"
The group noted that 5,000 AMD election bribes were being handed out
all day from a local property board office and that when a reporter
started filming what was taking place those giving the bribes
attacked him.
A criminal case was launched and the police requested that witnesses
come forward to testify.
While there was no mention of the "We Will Not Be Silent" group on
the YouTube "Elections" page, it wasn't difficult for the police to
track them down. Those who downloaded the video assisted the police
and provided them with whatever information they had.
Soon afterwards, however, the police came up with a scheme to let
the bribe givers and attackers off the hook. The Kotayk Marz Deputy
Prosecutor dropped the criminal case and the investigation was stopped
in its tracks. (See: Is Hooliganism No Longer a Crime?)
That a case of hooliganism took place is beyond question and the
identities of those responsible are known. However, the person who
filmed the attack never came forward. But it remains unclear what
would have changed had that person indentified himself or herself.
Nevertheless, the pre-investigative body decided not to track down
the photographer since the person was affiliated with the "We Will
Not Be Silent" group which is amorphous to begin with. It would be
like looking for a needle in a haystack.
The Court of Cassation put the finishing touches to the case with
its verdict of April 27, 2012. It dealt with potential slander and
insult issues and warned reporters that they were taking legal risks
by using unverifiable sources.
Even if the news source was republished faithfully it doesn't mean
that the press outlet is freed from accountability and could be sued.
According to RA Civil Code Article 1087, Part 6, if information
is being disseminated from a source that isn't a legal entity, it
shouldn't be used. Otherwise, those circulating the information will
be held accountable.
During this year's parliamentary elections on May 6, seven cases of
reporters being prevented from doing their jobs were reported. In
four of the cases, criminal proceedings were launched based on Article
164 of the RA Criminal Code - "Hindering reporters from carrying out
their professional activities".
The examination process of the criminal cases clearly shows that the
attitude of the authorities hasn't changed and that members of the
press can expect no defense from law enforcement.
The police dropped the criminal case of violence perpetrated on Elina
Chilingaryan, a reporter with Radio Liberty, with arguments that
reached absurd levels. The reporter was found to have overstepped
her professional bounds and her attackers were exonerated of any crime.
The other three cases were registered in the Gyumri election district.
If the Chilingaryan case was dropped because the reporter wasn't
wearing her press badge, this failed to save Karen Alekyan, a
reporter/cameraman with the Maxinfo news agency.
This case and the two others were joined and sent as one package to
the Special Investigative Service (SIS). No one has been charged in
the four months that have followed. The SIS has told Hetq that it
has failed to come up with any suspects and that the investigation
is continuing.
It is unclear where the SIS is looking for suspects. But it is worth
noting that in the case of Varazdat Papikyan, a cameraman with Kentron
TV who had his video camera snatched from his hands, it was an election
proxy for the Prosperous Armenia Party who informed the police.
The proxy told cops that he saw Spartak Ghoukasyan, son of the Gyumri
mayor, snatch the camera from Papikyan and escort him out of the
polling station.
During and prior to the parliamentary elections other incidents took
place that police failed to follow up with criminal proceedings.
Nayira Nalbandyan (GALA TV) - The reporter informed police that on the
day before the elections she went to see G. Hovhannisyan, President
of Election District Committee #33 with some questions. The official
failed to provide the requested information, started to argue and
hindered the reporter in her duties.
Nelli Babayan (Aravot newspaper) - When the reporter was filming
the long lines of voters waiting at Davtashen Polling Station 5/11,
an unidentified person approached and snatched her cell phone. The
individual claimed that the reporter had no right to take photos.
Artour Haroutyunyan (mynews.am) - The reporter says that when he
attempted to photograph the crowds of voters outside Ararat Polling
Station #18/17, he was reprimanded by local election board member
Armen Abrahamyan. The reporter claims that Abrahamyan accused him of
not being impartial and described his work as "monkey business".
The above examples show that law enforcement is indifferent when
it comes to criminally investigating such incidents even though
the identities of those guilty of impeding the work of journalists
are known.
Criminal cases are launched purely for "show".
But law enforcement had to justify its actions in the following case
that caused a furor inArmenia's media community.
Hayk Gevorgyan (Haykakan Zhamanak) - On the morning of February 3,
2012, men in civilian dress took the reporter into custody as he
was going to work. Gevorgyan was later arrested and transferred to
the Nubarashen Correctional Facility. Law enforcement justified the
move by stating that Gevorgyan was being sought as of January 23 for
hitting a pedestrian with his car on January 13 and fleeing the scene
of the accident.
Police claim that they had contacted Gevorgyan by mail to report to
police but that he failed to do so.
Many in the media community and a number of human rights groups
called for Gevorgyan's immediate release and accused law enforcement
of fabricating charges against the reporter due to his criticism of
Police Chief Vladimir Gasbaryan.
Before a local court was to rule on the pre-trial detention of
Gevorgyan, the state prosecutor in the case modified the detention,
substituting jail for a promise by Gevorgyan not to flee the city.
On July 3, the Traffic Crimes Division of the RA Police dropped the
charges against Gevorgyan, citing a lack of "corpus deliciti".
The newspaper noted that this was a convenient move by law enforcement
to avoid any embarrassment had the case gone to court, given that it
would be easily proven that the traffic accident had been fabricated.
From: A. Papazian