Speeches
The questions discussed by the RA Human Rights Defender during the press-conference
09/26/07
1. Fair trial
According to the judgment adopted by the European Court on Human Rights on 28.06.2007 the Government of the Republic of Armenia is to pay to Mr. Misha Harutyunyan 4000 EUR and to punish the guilty persons. At the same time the European Court emphasizes that the Armenian courts admitted the coercion facts noting that they were applied by the police officers at the military police station for the purpose of ensuring disclosure of the truth, a fact that the European Court considered at least unacceptable. Mr. Lernik Atayan, the judge of Syunik region, who sentenced Mr. Misha Harutyunyan, was called to disciplinary sanctions by the RA Council of Justice: the latter was reproved and 25% of his salary was kept back. Nevertheless the aforesaid judge continues to examine criminal cases.
Military Police officers Arshak Manukyan, Artak Nikoghosyan, Misha Merjlumyan and others were called to criminal responsibility.
2. Compulsory alienation (expropriation) of property
In January 2007 the case of “Mr. G. Chgryan v. the Republic of Armenia” was communicated to the RA Government by the European Court.
On 16.03.2007 the RA Government informed the European Court about the intention of reaching friendly settlement on the issue with the applicant.
On 12.04.2007 G. Chgryan and the RA Government sighed an agreement on friendly settlement according to which the RA Government undertakes to pay the applicant a certain sum equal to 150000 USD till 23.04.2007.
On 20.04.2007 the applicant officially informed the European Court that the RA fulfilled all the obligations provided by the agreement.
As a result of the solution of the issue on the domestic level the complaint was struck out from the case list by the European Court.
In January 2007 the case of “Mr. G. Chgryan v. the Republic of Armenia” was communicated to the RA Government by the European Court.
On 16.03.2007 the RA Government informed the European Court about the intention of reaching friendly settlement on the issue with the applicant.
On 12.04.2007 G. Chgryan and the RA Government sighed an agreement on friendly settlement according to which the RA Government undertakes to pay the applicant a certain sum equal to 150000 USD till 23.04.2007.
On 20.04.2007 the applicant officially informed the European Court that the RA fulfilled all the obligations provided by the agreement.
As a result of the solution of the issue on the domestic level the complaint was struck out from the case list by the European Court.
Summary
a) Already in 2006 the Defender publicly emphasized the following top issues: fair trial and compulsory alienation of property. Some officials agreed with the given assessment but some were against disregarding the fact that the assessment given by the Defender comes from the detailed examination of application-complaints. So it is not accidental that after the intervention of the European Court in the mentioned two cases the Republic of Armenia was obliged to give compensation to the applicants.
b) The mentioned issues are not uniform and should be discussed from different standpoints. First of all from the point of restoration of the infringed right of a person the judgment of the European Court in favor of the applicant is very appreciable. But the Defender always holds the opinion that the problems of the RA citizens should be solved within the domestic state institutions because this not only contributes to the solution of the problems of our citizens but also strengthens the harmonious relationship between the state and the citizen based on the confidence.
c) In the mentioned case the respondent party is the Republic of Armenia which presumes that the sum defined by the European Court will be finally paid at the expense of the RA tax-payers.
3. Alienated areas - legalization of unauthorized buildings, inadequacy of compensation amounts
Khangyan, Firdusi, Tigran Mets, Hanrapetutyan streets of Yerevan city are to be subjected to alienation for the public and state needs as they have been considered to be exclusive cases of prevailing public interest. Many residents’ grounds have been considered “to be occupied without permission” and many buildings or constructions have been deemed unauthorized. Residents have many times applied to competent bodies but their rights were not recognized for different reasons.
The Defender informed the RA Prime-Minister and the Mayor of Yerevan city about his position concerning the aforementioned issue. According to the Defender non-recognition the residents’ right to property or non-recognition them as owners before the alienation of unauthorized buildings or grounds will be considered as discriminatory treatment since similar situation existed in Kond and Kozern districts of Yerevan city where the right to property was recognized.
The property evaluation mechanisms create serious problems too.
These complaints of residents concern the evaluation of their property not equivalent to market value. The property evaluation is conducted by property evaluation agencies indicated by the state, and if citizens turn to other agencies, the latter usually refuse to do property evaluation in alienated areas as they are afraid to have problems with state bodies.
An appropriate example is the complaint of residents of Aram Street on the offer made to them. For 1 square meter they are offered 700 USD, whereas, according to the applicants, the market value of 1 square meter in the mentioned area is 1500-2000 USD. Or the residents are offered an apartment near the Wine Factory, which, according to the applicants, is not equivalent to the place of their property. Moreover, it will be provided in two year time.
Summary
Owing to the intervention of the RA Prime-Minister the aforementioned issues are inclined to end with a positive outcome. The following two questions are being discussed: the question about the recognition of the right to property of residents, living in unauthorized buildings and the compensation for alienated property not in the form of pecuniary compensation but in the form of an apartment equivalent to the alienated one.
Though in this case the complaints of the citizens end with a positive outcome and there is a positive change in the process of strengthening state - citizen relations, still there are problems connected with the effective functioning of the system. The solution of the issues is not achieved by the effective functioning of the system, but, in the mentioned cases, due to the intervention of the Prime-Minister of the RA. The Defender still holds the opinion, mentioned still in 2006, that in our country there are certain systemic issues connected with the protection of human rights, hence systemic reforms are required.
From this standpoint, it is actual that these systemic reforms should first of all concern public relations in the phase of formation.
It is time for clearly separating business and the state authority, for forming distinct and cooperating, but certainly not coinciding political and economic elite. In contrast to feudalism, capitalism solved the over mentioned problems. Only under these conditions the principles of prevalence of human rights and separation of powers will be realized not being just formal. Otherwise, if the public practice goes in another direction and the same person will be simultaneously a political figure, public official and entrepreneur then we will be condemned to have public relations typical to feudalism, masked by the institutional and legal systems of the 21st century, where human rights will have just formal nature.
Owing to the intervention of the RA Prime-Minister the aforementioned issues are inclined to end with a positive outcome. The following two questions are being discussed: the question about the recognition of the right to property of residents, living in unauthorized buildings and the compensation for alienated property not in the form of pecuniary compensation but in the form of an apartment equivalent to the alienated one.
Though in this case the complaints of the citizens end with a positive outcome and there is a positive change in the process of strengthening state - citizen relations, still there are problems connected with the effective functioning of the system. The solution of the issues is not achieved by the effective functioning of the system, but, in the mentioned cases, due to the intervention of the Prime-Minister of the RA. The Defender still holds the opinion, mentioned still in 2006, that in our country there are certain systemic issues connected with the protection of human rights, hence systemic reforms are required.
From this standpoint, it is actual that these systemic reforms should first of all concern public relations in the phase of formation.
It is time for clearly separating business and the state authority, for forming distinct and cooperating, but certainly not coinciding political and economic elite. In contrast to feudalism, capitalism solved the over mentioned problems. Only under these conditions the principles of prevalence of human rights and separation of powers will be realized not being just formal. Otherwise, if the public practice goes in another direction and the same person will be simultaneously a political figure, public official and entrepreneur then we will be condemned to have public relations typical to feudalism, masked by the institutional and legal systems of the 21st century, where human rights will have just formal nature.
4. Detention as a preventive measure
There are many complaints relating to the detention as a preventive measure. The issue of concern is that after a detailed statistical examination of complaints addressed to the Defender, it became clear that the number of such complaints has increased as compared with the last year. The Defender finds that the Office of Public Prosecutor and the courts should examine more comprehensively and impartially those criminal cases, where the question of detention as a preventive measure is being discussed.
The activities leading to the disclosure of criminal cases are very important but the elimination of cases of innocent people detention is not less significant.
The fear and unwillingness of people having complaints on detention as a preventive measure to introduce themselves is also worthy of notice.
There are many complaints relating to the detention as a preventive measure. The issue of concern is that after a detailed statistical examination of complaints addressed to the Defender, it became clear that the number of such complaints has increased as compared with the last year. The Defender finds that the Office of Public Prosecutor and the courts should examine more comprehensively and impartially those criminal cases, where the question of detention as a preventive measure is being discussed.
The activities leading to the disclosure of criminal cases are very important but the elimination of cases of innocent people detention is not less significant.
The fear and unwillingness of people having complaints on detention as a preventive measure to introduce themselves is also worthy of notice.
5. Gulyan’s case investigation
Concerning the case of Levon Gulyan’s death who was summoned to the Police Criminal Investigation Chief Department as a witness on 12.05.2007 the Defender addressed the RA Prosecutor General asking to give clarifications about the mentioned questions. Besides, he notified that taking into consideration public interest he expects to a complete, impartial and plurilateral investigation under the Prosecutor’s direct supervision. The investigation of the case is officially prolonged for two months.
Concerning the case of Levon Gulyan’s death who was summoned to the Police Criminal Investigation Chief Department as a witness on 12.05.2007 the Defender addressed the RA Prosecutor General asking to give clarifications about the mentioned questions. Besides, he notified that taking into consideration public interest he expects to a complete, impartial and plurilateral investigation under the Prosecutor’s direct supervision. The investigation of the case is officially prolonged for two months.
6. Freedom of information
Still in 2006 the Defender addressed the RA Government with the note # 2-0240 focusing on several issues in the sphere of implementation of the RA “Law on freedom of information”, creating serious obstacles in realization of the constitutional right of citizens to receive information. Precisely it is a question of paragraph 1 of Article 10 of the RA "Law on freedom of information", according to which "The provision of information or its copies by public and local self-governing bodies, state institutions and organizations is performed in the order established by the RA Government". Whereas since 15.11.2003, that is from the moment of entry into force of the RA “Law on freedom of information”, the Government has not adopted such an order. As a result, certain public and local self-government bodies refuse to provide information on the ground that the Government has not established the order. Besides, according to paragraph 4 of Article 11 of the RA "Law on freedom of information" the refusal of the provision of information can be appealed to the court or competent state administrative body, nevertheless, till now RA Government has not designated such a body.
In September of 2007 the Defender once more addressed an official letter to the RA Government concerning the mentioned issues.
7. Non-enforcement of the court decisions
There are many cases when the officials of the Service for Compulsory Execution of Judicial Acts do not observe the requirements of the RA “Law on Compulsory Execution of Judicial Acts” and “Law on the Service for Compulsory Execution of Judicial Acts”, do not take actions towards timely, full and proper execution of enforcement list. As a result, court decisions are not properly executed.
As Officers of the Service for Compulsory Execution of Judicial Acts disregard their responsibilities under the law, this leads to the violation of a one’s right to fair trial envisaged by Article 19 of the RA Constitution and by Article 6 of the European Convention on Human Rights and Fundamental Freedoms.
It is also worth mentioning that the above stated issues often arise when the debtors are state or local self - government bodies.
There are many cases when the officials of the Service for Compulsory Execution of Judicial Acts do not observe the requirements of the RA “Law on Compulsory Execution of Judicial Acts” and “Law on the Service for Compulsory Execution of Judicial Acts”, do not take actions towards timely, full and proper execution of enforcement list. As a result, court decisions are not properly executed.
As Officers of the Service for Compulsory Execution of Judicial Acts disregard their responsibilities under the law, this leads to the violation of a one’s right to fair trial envisaged by Article 19 of the RA Constitution and by Article 6 of the European Convention on Human Rights and Fundamental Freedoms.
It is also worth mentioning that the above stated issues often arise when the debtors are state or local self - government bodies.
8. Occupational injury - legislative gap
The rules approved by the paragraph 16 of the RA Government decree No 579 dated 15.11.1992 stipulate that "In case of suspending the activities of an organization as a result of liquidating or restructuring it, the damage is compensated by its successor in title and in case of absence of the latter the social security body at the expense of the state budget". Concerning the same issue Article 1086 of the RA Civil Code stipulates that "In case of liquidating the legal entity, which has been duly recognized as responsible for damage incurred to life or health, the relevant payments are capitalized in accordance with the law or other legal acts - to pay them to the victim". But till now no such order has been established by law or Government decree. Instead on 11.11.2004 the RA Government adopted a decree, according to which the paragraph 16 of the RA Government decree No 579 dated 15.11.1992 loses its force. As a result many citizens were deprived of their right to compensation.
The Defender’s note of 31.07.2006 addressed to the Prime Minister of the RA concerning the mentioned issue was redirected to the RA Minister of Labor and Social Issues. The latter informed with a note dated 25.10.2006 that taking into consideration the urgency of the issue it is suggested to include a draft " Law on mandatory social insurance from accidents in the place of employment and professional diseases" into the list of legislative measures providing the implementation of the program of the RA government activity for 2007. The date of the implementation is the third ten-days of June. Besides on 01.08.2007 the RA Minister of Labor and Social Issues informed that a draft " Law on mandatory social insurance from accidents on the job and professional diseases" has been presented to the RA Government in the order prescribed by law.
The issue continues to be in the focus of the Defender’s attention, in this regard on 13.09.2007 the Defender again addressed an official letter to the RA Government.
The rules approved by the paragraph 16 of the RA Government decree No 579 dated 15.11.1992 stipulate that "In case of suspending the activities of an organization as a result of liquidating or restructuring it, the damage is compensated by its successor in title and in case of absence of the latter the social security body at the expense of the state budget". Concerning the same issue Article 1086 of the RA Civil Code stipulates that "In case of liquidating the legal entity, which has been duly recognized as responsible for damage incurred to life or health, the relevant payments are capitalized in accordance with the law or other legal acts - to pay them to the victim". But till now no such order has been established by law or Government decree. Instead on 11.11.2004 the RA Government adopted a decree, according to which the paragraph 16 of the RA Government decree No 579 dated 15.11.1992 loses its force. As a result many citizens were deprived of their right to compensation.
The Defender’s note of 31.07.2006 addressed to the Prime Minister of the RA concerning the mentioned issue was redirected to the RA Minister of Labor and Social Issues. The latter informed with a note dated 25.10.2006 that taking into consideration the urgency of the issue it is suggested to include a draft " Law on mandatory social insurance from accidents in the place of employment and professional diseases" into the list of legislative measures providing the implementation of the program of the RA government activity for 2007. The date of the implementation is the third ten-days of June. Besides on 01.08.2007 the RA Minister of Labor and Social Issues informed that a draft " Law on mandatory social insurance from accidents on the job and professional diseases" has been presented to the RA Government in the order prescribed by law.
The issue continues to be in the focus of the Defender’s attention, in this regard on 13.09.2007 the Defender again addressed an official letter to the RA Government.
9. Meghri-Shvanidzor-Verishen-Tsav-Kapan highway construction
Villagers of Tsav village in Syunik informed the Defendеr that as a result of Meghri-Shvanidzor-Verishen-Tsav-Kapan highway construction their rights to property have been infringed. The organization accomplishing the construction illegally disposed the land that was recognized as the villagers property. They were not given any compensation.
The issue is still under consideration.
Villagers of Tsav village in Syunik informed the Defendеr that as a result of Meghri-Shvanidzor-Verishen-Tsav-Kapan highway construction their rights to property have been infringed. The organization accomplishing the construction illegally disposed the land that was recognized as the villagers property. They were not given any compensation.
The issue is still under consideration.
10. Harassment against journalists in 2006
In 2006 in the Republic of Armenia there were cases of violence against the journalists hampering their professional activities, which is greatly exposing the complete provision of the freedom of speech in Armenia. There were cases of car arsons, beatings and threats.
The RA Human Rights Defender has strongly condemned those harassments and made an official statement calling upon the law enforcement authorities to be more consistent to identify any cases of hampering the professional activities of the journalists and bringing the guilty ones to responsibility in order established by law.
In 2006 in the Republic of Armenia there were cases of violence against the journalists hampering their professional activities, which is greatly exposing the complete provision of the freedom of speech in Armenia. There were cases of car arsons, beatings and threats.
The RA Human Rights Defender has strongly condemned those harassments and made an official statement calling upon the law enforcement authorities to be more consistent to identify any cases of hampering the professional activities of the journalists and bringing the guilty ones to responsibility in order established by law.
11. Cooperation with public administration and local self-government bodies
It is worth mentioning that in 2007 there have been established a close cooperation and strengthened working relations with all public administration and local self-government bodies as compared with the last year. Appreciating that close cooperation it is necessary to mention that after a detailed examination of application-complaints addressed to the Defender it is clear that a noticeable part of the population is estranged from the state and there is still much to do in citizen – state relations. Precisely it is necessary to take actions directed to
development of ethical norms in the relations between an official of a public body and citizens
strengthening of the independence of judicial system and overcoming the distrust of the population towards the courts
enforcement of the RA Constitutional Court decisions and decisions of courts of general jurisdiction
elimination of legislative gaps and inconsistencies
improvement of law–enforcement practice and proper enforcement of the requirements of the law by officials of public bodies
It is worth mentioning that in 2007 there have been established a close cooperation and strengthened working relations with all public administration and local self-government bodies as compared with the last year. Appreciating that close cooperation it is necessary to mention that after a detailed examination of application-complaints addressed to the Defender it is clear that a noticeable part of the population is estranged from the state and there is still much to do in citizen – state relations. Precisely it is necessary to take actions directed to
development of ethical norms in the relations between an official of a public body and citizens
strengthening of the independence of judicial system and overcoming the distrust of the population towards the courts
enforcement of the RA Constitutional Court decisions and decisions of courts of general jurisdiction
elimination of legislative gaps and inconsistencies
improvement of law–enforcement practice and proper enforcement of the requirements of the law by officials of public bodies
