Concerns voiced over deteriorating human rights situation in Armenia

Concern has been voiced by NGOs and international bodies about the state of the judiciary in Armenia. The absence of an independent judiciary is said to be just one example of a general deterioration of human rights in the country.

NGOs say there has been marked deterioration since Armenia joined the Russian-led Eurasian Economic Union earlier this year.

The European Union is now urged "not to remain silent" about human rights problems in Armenia but, rather, to press the Armenian authorities to take action to rectify the situation.

Fears have been expressed by the Human Rights Ombudsman in Armenia as well as two international bodies, the United Nations and the Venice Commission.

Their concerns, aired in Warsaw at the OSCE Human Dimension Implementation Meeting 2015, are endorsed by Human Rights Without Frontiers (HRWF), a Brussels-based NGO.

A new HRWF report, "Human Rights in Armenia: a member state of the Eurasian Economic Union. State of Play in 2015 and Perspectives," was formally launched in the Polish capital.

The HRWF report makes several recommendations, including a call on the Armenian authorities to remove the president’s discretionary power in endorsing the list of judges from the Judicial Code.

The OSCE meeting, which was held on 23-24 September, heard that when the UN Universal Periodic Review (UPR) studied Armenia’s human rights record, the state of the country’s judiciary was deemed to be a "leading concern" particularly about "systemic" corruption and the absence of an independent judiciary.

HRWF Director Willy Fautre, who was among the guest speakers in Warsaw where he also presented his report on human rights in Armenia, said, "The main human rights NGOs in Armenia agree that a systemic problem in their country is the lack of separation between the legislative, executive and judicial powers. Consequently the judiciary is not independent, being a major obstacle to sustainable progress in the field of human rights.

Further problems are outlined by the state ombudsman for human rights in Armenia in a report on the right to a fair trial. This report details "pressure" being brought to bear on judges, "double standards" by the Cassation Court and Justice Council and other issues. It also speaks of "high levels" of corruption in the judicial system, "large amounts" of money circulating and bribes of up to €45,000 to judges.

The Venice Commission, an advisory body of the Council of Europe and composed of independent experts in the field of constitutional law, says it is troubled by "shortcomings" in Armenia's judicial system and the "lack of any strategy" for improving the situation.

It is particularly concerned, it says, about draft amendments to Armenia's judicial code which grants "totally free" discretionary power to the Armenian president for the appointment or rejection of a judge elected by the Council of Justice.

Under the draft legislation the president is not obliged to give reasons for his decision.

While recognising that a degree of ‘discretionary power may be necessary the Commission states that "such power should not be exercised in a way that is arbitrary".

It goes on: "Such exercise of power permits substantively unfair, unreasonable, irrational or oppressive decisions which are inconsistent with the notion of rule of law."

Discretionary presidential power can lead to conflict between the president and Council of Justice and also harm citizens' trust in the independence of the judiciary, says the Commission.

Earlier, the summit was also told about a "massive" clampdown on freedom of speech in Armenia, with the Helsinki Committee of Armenia saying violence had been used by police against peaceful demonstrators on more than 100 occasions in 2014 alone.

Campaigners have catalogued a series of abuses against protesters who, it is said, have faced physical violence in the last year. In late June, police used force against demonstrators opposed to a proposed 17 percent increase in electricity rates. In September, police also forcibly dispersed a second protest over electricity costs.

Armenia is a party to the European Convention on Human Rights and has clear obligations under the convention not only to respect the right to peaceful assembly, but also to ensure the security of those exercising that right and protect them from unlawful interference by others.

Armenia also has obligations to carry out effective investigations into attacks on bodily integrity and personal security and to ensure that police use of force is in compliance with international standards. Those standards limit use of force to situations in which it is absolutely necessary to respond to physical threats to the police or others and then is strictly proportionate and nondiscriminatory.

Delegates to the Warsaw meeting heard that the EU and Armenia have, over the last 15 years, developed an "increasingly close" relationship.

But Fautre said that this is undermined by Armenia's decision to join the Eurasian Economic Union which has had a "negative" impact on human rights in the country.

He added: "The 'Eurasian values', as defined by Moscow, have quickly affected the work of Armenian human rights activists who are suspected of being 'foreign agents' and have been slandered and threatened. Defending LGBT rights is suddenly perceived as a betrayal of Armenian values and collaboration with Western powers to destroy the family, the cornerstone of the Armenian nation. Freedom of assembly has also been targeted and political activists have been arrested."

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