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Election Commission formation conflicts with constitution

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  • Election Commission formation conflicts with constitution

    ELECTION COMMISSION FORMATION CONFLICTS WITH CONSTITUTION

    A1plus

    | 12:32:59 | 18-06-2005 | Politics |

    The amendments to the Electoral Code did not solve the principal
    problem - providing of balance in the election commissions.

    "In Armenia the outcome of the election is determined by the
    composition of the election commission, since the lion's share of
    the falsifications was committed with the immediate participation of
    the election commissions", chairman of Democracy public organization
    Vardan Poghosyan says. In his opinion, with the absence of impartial
    and independent election commission it is useless to speak of fair
    elections. "The fact that the European structures assisted the Armenian
    authorities causes concern. Earlier three members appointed by the
    President. Henceforth, according to the amendments one member will
    appointed by the President, one - by the Court of Cassations and one -
    by People's deputy faction", he notes.

    The Venice Commission and OSCE Bureau on Human Rights and
    Democracy rated the clause according to which judges take part in
    the formation of the election commissions as progressive. Vardan
    Poghosyan reminded that in 2004 in its intermediate report on the
    constitutional amendments the Venice Commission noted, "The fixation of
    constitutional guarantees for establishment and activity of independent
    and impartial juridical system in Armenia is one of the key problems
    of constitutional reform in Armenia." In V. Poghosyan's opinion,
    it means that that Armenia still lacks independent and impartial
    juridical system

    According to him, current balance of forces (6+3) remains
    unchanged. "When assessing the Azerbaijani Electoral Code the
    Venice Commission and the OSCE Bureau on Human Rights and Democracy
    pointed out to two circumstances - the commission should be formed
    without giving advantage to the power-oriented political forces;
    the decisions of the election commissions should be taken by 2/3
    votes", he noted. Contrary to Azerbaijan no demands of the kind
    were made for Armenia. In its conclusion the Venice Commission
    gave a negative estimate to the amendment according to which the
    President of the republic forms all the election commissions. "The
    amended Electoral Code does not state clearly whether the President
    can decline the appointment of a candidate nominated by apposition
    political party. Only this fact is enough not to consider the new
    Code to be progressive", Vardan Poghosyan resumed.

    Victoria Abrahamyan
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