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ECtHR Rules: Armenia Violated NGO's Right To Assembly

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  • ECtHR Rules: Armenia Violated NGO's Right To Assembly

    ECTHR RULES: ARMENIA VIOLATED NGO'S RIGHT TO ASSEMBLY

    04.01.2015 18:55 epress.am

    The Republic of Armenia has violated Article 11 (freedom of assembly
    and association) and Article 13 (right to an effective remedy) of the
    European Convention on Human Rights, placing a ban on the Helsinki
    Committee of Armenia NGO holding a peaceful march and a candlelight
    vigil in memory of Levon Gulyan, a witness in a murder investigation
    who died in May 2007, while in police custody, ruled the European
    Court of Human Rights on Sunday, March 31, in the case of "Helsinki
    Committee of Armenia v. Armenia."

    Recall, that according to the official version, Gulyan died in an
    attempt to escape by jumping out of a second-floor window of the
    police station. However, Armenian human rights groups claim that the
    man was subjected to torture and ill-treatment by police.

    On 6 May 2008 the Helsinki Committee of Armenia NGO notified the
    Mayor of Yerevan of its intention to hold a commemoration march
    on the first anniversary of Gulyan's death. The march was to take
    place on 12 May from 8 p.m. to 9.30 p.m. It was to start at Republic
    Square and continue through Nalbandyan Street in the direction of
    the police station.

    The Mayor banned the march for national security and public order
    reasons following mass post-election rallies and protests and an
    intense standoff between the authorities and the supporters of the
    opposition, resulting in clashes and at least ten persons being
    killed. The Mayor cited the Sections 9 § 4 (3) and 13 § 1 (3) of the
    Assemblies, Rallies, Marches and Demonstrations Act, finding:

    "According to the official opinion of the Police ... of 8 May 2008
    ..., the mass public event held on 1 March 2008 turned into mass
    disorder resulting in human casualties and not all the circumstances
    of the crime and offenders have been disclosed, and not all weapons
    and ammunition used [at that event], whose circulation may pose danger
    to the lives and health of citizens, have been found in the course of
    the investigation into the criminal case instituted in connection with
    that fact by the Special Investigative Service of Armenia[. H]ence,
    it will be impossible to prevent new crimes, if the mass public event
    [in question] is held."

    The NGO, which had not received the letter informing them of the
    Mayor's decision, tried to hold the march on 12 May 2008 as planned
    but was prevented from doing so by the police. The Committee received
    the letter informing them of the ban on 13 May 2008.

    Relying on Article 11 (freedom of assembly and association) of the
    Convention, the NGO complained about the ban on them holding their
    mourning march. Further relying on Article 13 (right to an effective
    remedy), the NGO also complained that any appeal against the decision
    banning their march, received after the date of the planned event,
    had not only been ineffective but meaningless.

    Note that the European Court of Human Rights is also investigating
    the circumstances of Gulyan's death. The RA Special Investigation
    Service suspended the criminal investigation into the death, despite
    the verdict of the Court of Cassation, binding to resume it.

    http://www.epress.am/en/2015/04/01/ecthr-rules-armenia-violated-ngos-right-to-assembly.html




    From: A. Papazian
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