Failure to Comply: Hammarberg critical of Armenia’s response to PACE resolutions

Failure to Comply: Hammarberg critical of Armenia’s response to PACE resolutions


Thomas Hammarberg

The Council of Europe’s commissioner for human rights voiced tough criticism about the ongoing investigation of Armenia’s post-election unrest and the country’s general (lack of) compliance with two relevant resolutions of the Parliamentary Assembly of the Council of Europe (PACE) as he spoke to media towards the end of his three-day visit over the weekend.

At a press conference in Yerevan Saturday, Thomas Hammarberg expressed his displeasure about the course of the process in Armenia.

Evaluating as positive the recent establishment of a fact-finding group of experts to conduct an additional inquiry into the March 1 events, the Strasbourg official expressed his general dissatisfaction with the course of the investigations, trials, methods of interrogating witnesses, as well as in regards to ‘political detainees’ and other intricate issues. He said Armenia’s compliance with the PACE resolutions is going to be on the agenda of the body’s plenary session due in January.

“I will assume a strongly critical position if the matter reaches the formation of the Council of Europe position on this,” said the commissioner, adding that the only positive thing in the report he is due to submit to the Council of Europe will be the establishment of the fact-finding group.

“I am bound to be critical when it comes to developments or lack of developments,” he explained.

Hammarberg told reporters that he is critical about some of the completed trials as well as the preparation of the major case against seven prisoners.

“I have not so far seen any strong evidence which would make it possible for an independent court to sentence these seven for attempting to change power in this country with violence,” said Hammarberg referring to the case that also involves Alexander Arzumanyan, Armenia’s former foreign minister and supporter of ex-president Levon Ter-Petrosyan in last February’s presidential election, as well as three members of parliament currently in pretrial detention on charges stemming from the March 1 melee. (All are charged under Criminal Code articles relating to “usurpation of state power” and “instigating and organizing mass disturbances.”)

Hammarberg also expressed his concern that people have been in jail already for eight months on no sufficient grounds for imprisonment. He said that if his studies reveal no strong evidence that these opposition activists really committed crimes, he would then raise the issue of attaching the term ‘political prisoners’ at the Council of Europe.

Hammarberg also said that air gun cartridges were found in the bodies of at least three killed on the night of March 1.

“The shots were made by police and the narrow circle of police that dealt with guns [on that night] is known. I also thought that it was possible to establish who held that gun whose bullets caused the deaths,” said Hammarberg. “I have discussed this matter at the prosecutor’s office already twice. Their answer is that they continue their scrupulous work at this matter, however they have so far failed to clarify this issue.”

“I am disappointed about these pieces of information,” said Hammarberg, adding that the fact that other things happened, such as the Georgia war, the Karabakh discussion, developments with Turkey, does not change the fact that the Council of Europe sees March 1 as a serious matter.

“Since the matter concerns basic human rights and their violation is unacceptable,” he said.

The commissioner for human rights told ArmeniaNow that imposition of sanctions on Armenia is likely if no changes happen before the PACE plenary session due in January.

“If the situation is not satisfactory, it is not excluded that Armenia will be deprived of its voting right,” said Hammarberg. “There is still time until January, we’ll see.”