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HIGH COURT DECLARES YEREVAN HOUSE DEMOLITIONS ILLEGAL
By Ruzanna Stepanian
Radio Liberty, Czech Rep
April 18 2006
Armenia's highest court on Tuesday declared unconstitutional the
government-sanctioned demolition of hundreds of old houses in downtown
Yerevan but stopped short of obligating municipal authorities to give
the properties back to their forcibly evicted owners.
The Constitutional Court ruled that a 2002 government decision that
paved the way for the ongoing massive redevelopment in the city center
violated several articles of Armenia's constitution.
One of those articles stipulates that private property can be
confiscated by the state "only in exceptional cases involving
overriding public interests, in a manner defined by law, and with a
prior commensurate compensation." The extremely controversial process,
marred allegations of high-level corruption, has only been regulated
by the government directive, however.
Government officials say it is based on provisions of Armenia's civil
and land codes that give the state greater freedom to confiscate
land against the will of its owners. The Constitutional Court said
that those provisions are also unconstitutional and must be amended
accordingly.
The verdict deals a serious blow to the credibility of the Armenian
government which has insisted all along that large-scale construction
which is rapidly changing central Yerevan is legal and fair.
Hundreds of local residents have been forced to vacate their mostly
decrepit houses over the past two years. Many of them are unhappy
with the amount of compensation paid to them by the state, saying
that it was set well below the market value of their properties as a
result of government corruption. Some have resisted eviction orders
with hunger strikes and other extreme methods of struggle.
Their demands have been backed by human rights activities, opposition
politicians and prominent public figures. Armenia's former human rights
ombudsperson, Larisa Alaverdian, was also vocal in her support for
their cause, filing an appeal to the Constitutional Court shortly
before her resignation last January. Alaverdian's pro-government
successor, Armen Harutiunian, unexpectedly decided to stand by the
appeal in February.
The court decision seems to be a largely moral victory for the
disgruntled evicted residents as it is unlikely to entail any practical
consequences. The court only ordered the Armenian government and
parliament to bring the relevant legislation into conformity with
the constitution and said nothing about property restitution or
compensation.
The ruling was read out by Constitutional Court Chairman Gagik
Harutiunian after five hours of deliberations by the panel of nine
judges appointed by President Robert Kocharian and the National
Assembly. It followed the final court hearing which saw Armen
Harutiunian and Justice Minister David Harutiunian (no relation),
who fought the government's corner, make their concluding remarks.
The justice minister, whose close relatives are reportedly involved in
the redevelopment project, claimed that forcible house demolitions are
a normal practice around the world. "How do cities and towns around
the world develop?" he said. "In accordance with architectural master
plans which can serve as the basis for alienating property."
The human rights ombudsman, for his part, reiterated his view that
the government has no legal right to single-handedly deprive Armenian
citizens of their property. "Such matters are regulated by law,"
he said. "Therefore they are the prerogative of the parliament,
not the government."
(Photolur photo: Gagik Harutiunian speaking during the final court
hearing.)
By Ruzanna Stepanian
Radio Liberty, Czech Rep
April 18 2006
Armenia's highest court on Tuesday declared unconstitutional the
government-sanctioned demolition of hundreds of old houses in downtown
Yerevan but stopped short of obligating municipal authorities to give
the properties back to their forcibly evicted owners.
The Constitutional Court ruled that a 2002 government decision that
paved the way for the ongoing massive redevelopment in the city center
violated several articles of Armenia's constitution.
One of those articles stipulates that private property can be
confiscated by the state "only in exceptional cases involving
overriding public interests, in a manner defined by law, and with a
prior commensurate compensation." The extremely controversial process,
marred allegations of high-level corruption, has only been regulated
by the government directive, however.
Government officials say it is based on provisions of Armenia's civil
and land codes that give the state greater freedom to confiscate
land against the will of its owners. The Constitutional Court said
that those provisions are also unconstitutional and must be amended
accordingly.
The verdict deals a serious blow to the credibility of the Armenian
government which has insisted all along that large-scale construction
which is rapidly changing central Yerevan is legal and fair.
Hundreds of local residents have been forced to vacate their mostly
decrepit houses over the past two years. Many of them are unhappy
with the amount of compensation paid to them by the state, saying
that it was set well below the market value of their properties as a
result of government corruption. Some have resisted eviction orders
with hunger strikes and other extreme methods of struggle.
Their demands have been backed by human rights activities, opposition
politicians and prominent public figures. Armenia's former human rights
ombudsperson, Larisa Alaverdian, was also vocal in her support for
their cause, filing an appeal to the Constitutional Court shortly
before her resignation last January. Alaverdian's pro-government
successor, Armen Harutiunian, unexpectedly decided to stand by the
appeal in February.
The court decision seems to be a largely moral victory for the
disgruntled evicted residents as it is unlikely to entail any practical
consequences. The court only ordered the Armenian government and
parliament to bring the relevant legislation into conformity with
the constitution and said nothing about property restitution or
compensation.
The ruling was read out by Constitutional Court Chairman Gagik
Harutiunian after five hours of deliberations by the panel of nine
judges appointed by President Robert Kocharian and the National
Assembly. It followed the final court hearing which saw Armen
Harutiunian and Justice Minister David Harutiunian (no relation),
who fought the government's corner, make their concluding remarks.
The justice minister, whose close relatives are reportedly involved in
the redevelopment project, claimed that forcible house demolitions are
a normal practice around the world. "How do cities and towns around
the world develop?" he said. "In accordance with architectural master
plans which can serve as the basis for alienating property."
The human rights ombudsman, for his part, reiterated his view that
the government has no legal right to single-handedly deprive Armenian
citizens of their property. "Such matters are regulated by law,"
he said. "Therefore they are the prerogative of the parliament,
not the government."
(Photolur photo: Gagik Harutiunian speaking during the final court
hearing.)