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AIR APPARENT?: PACE DECISION NO GUARANTEE FOR A1PLUS
Gayane Lazarian
ArmeniaNow.com, Armenia
04 July, 2008
Point 6 of the original text of PACE Resolution 1620 on Armenia adopted
in Strasbourg last week concerned A1 plus television and according to
it, the Armenian authorities must immediately provide a broadcasting
license to the oppositional television company.
Nevertheless, point 6 in the final editing of the resolution was
changed. David Harutyunyan, the head of Armenia's parliamentary
delegation to the PACE (Parliamentary Assembly of Council of Europe),
said that the change was made considering the fact that under an
Armenian law a broadcasting license is not awarded by the authorities
directly.
"Thus, there should be a usual competition procedure. But from now
on an opportunity should be provided to all to participate in a fair
and transparent contest," said Harutyunyan.
A1plus might be back on air after 6 years of ban
The PACE considered the June 17 judgment of the European Court of
Human Rights that there had been a violation of Article 10 (freedom
of expression) of the European Convention on Human Rights concerning
the Armenian authorities' refusal to grant A1 Plus's requests for a
broadcasting license.
A1 Plus, arguably the only TV station in Armenia not controlled by
the authorities, was controversially pulled off the air in April 2002
after losing its broadcasting frequency in a tender administered by
the president-appointed National Television and Radio Commission
(NTRC). All of A1 Plus's subsequent requests for a frequency were
not granted by the regulatory body without clear reasons for its
decisions to award vacant frequencies to other applicants.
Mesrop Movsesyan, the founding chairman of A1 Plus's parent company
Meltex LTD, describes as "a brazen lie" David Harutyunyan's statement
that there are no vacant frequencies in Armenia today.
"It takes only one letter to ask Geneva to provide a list of all
channels available to Armenia and it cannot be that there is none in
the 60-frequency band where only 15 television companies operate,"
says Movsesyan.
Hovhannes Igityan, a member of the Board of the former ruling Armenian
all-National Movement party and representative of the Center of
[Levon Ter-Petrosyan's] Popular Movement, who is in Strasbourg now,
said that those at the Assembly understood that the A1 Plus issue was
political and the verdict of the European Court invoked an article
regarding freedom of expression.
"In any case, the issue of the TV company remained in the resolution
and the Armenian government must solve the problem, otherwise the
PACE will later address it in tougher terms," Igityan said.
Yerevan Press Club (YPC) President Boris Navasardyan says practically
it is difficult to find a solution for A1 Plus.
"As the first step we suggest that discussions are organized with
independent experts and an inquiry is made whether there are really
no free frequencies in Armenia or whether through certain state
investments those frequencies could be put to a tender," he says.
According to Navasardyan, the European Court's decision to awarded
A1 Plus 20,000 euros in respect of non-pecuniary damage (and 10,000
euros for costs and expenses) does not mean restoration of violated
rights. A1 Plus tried to restore its rights in 12 contests and failed
every time.
"The right of freedom of speech was violated by taking A1 Plus off
the air, therefore the company must be given an opportunity of a fair
competition. If a competition is held for a frequency not vacant
now, another company that has a license may be deprived of it. And
television companies holding broadcasting licenses have privileges
in respect to the frequencies that have belonged to them," the YPC
president explains.
Movsesyan says that's exactly how A1 Plus was treated.
"But I respect all, my colleagues have the right to work. But it
does not mean that I no longer have the right to get back into the
competition for a license," he says. "Of course, I would prefer a
contest for a vacant channel."
YPC expert Mesrop Harutyunyan says the government policies of recent
years do not give reasons to believe that A1 Plus will be given
a frequency.
"But if they are wise enough they will find a vacant frequency. They
will announce a contest and will hold it in an objective manner at
least this time," says Harutyunyan.
The YPC has proposed changes in the Law on Television and Radio that
it has already submitted to the National Assembly.
"The changes will promote transparent competitions. The National
Commission will become really independent, criteria will be clear and
a rating vote will be taken on every criterion. It should be clear
why a given company wins and another company loses," Harutyunyan says.
The A1 Plus head says they will continue their fight and expects to
be on the air by the end of this year.
"There is a task of 'reanimation' in the television field. I don't
want to say that I am the doctor. Simply, I want a step forward
that would lead to sobriety and that step will be taken by A1 Plus,"
Movsesyan says. "Our focus will be news, this is our trump card."
Meanwhile, meeting media representatives last week Deputy Justice
Minister Gevorg Kostanyan said that A1 Plus's interests at the European
Court were defended by the London-based KJRB (CHECK????) legal firm.
"This organization presents issues against the Republic of Armenia on
behalf of citizens of Azerbaijan and defends the interests of former
residents of Lachin," the deputy minister said.
Responding to this statement, Movsesyan said: "Those people did a job
for us. Today, they proceed with the case of Azerbaijanis, tomorrow
they may take up a case of Turks. It does not mean anything. I will
say that the same team defended [Kurdish leader] Ocalan's interests
and today their entry into Turkey is prohibited. They are considered
to be anti-Turkish elements."
Gayane Lazarian
ArmeniaNow.com, Armenia
04 July, 2008
Point 6 of the original text of PACE Resolution 1620 on Armenia adopted
in Strasbourg last week concerned A1 plus television and according to
it, the Armenian authorities must immediately provide a broadcasting
license to the oppositional television company.
Nevertheless, point 6 in the final editing of the resolution was
changed. David Harutyunyan, the head of Armenia's parliamentary
delegation to the PACE (Parliamentary Assembly of Council of Europe),
said that the change was made considering the fact that under an
Armenian law a broadcasting license is not awarded by the authorities
directly.
"Thus, there should be a usual competition procedure. But from now
on an opportunity should be provided to all to participate in a fair
and transparent contest," said Harutyunyan.
A1plus might be back on air after 6 years of ban
The PACE considered the June 17 judgment of the European Court of
Human Rights that there had been a violation of Article 10 (freedom
of expression) of the European Convention on Human Rights concerning
the Armenian authorities' refusal to grant A1 Plus's requests for a
broadcasting license.
A1 Plus, arguably the only TV station in Armenia not controlled by
the authorities, was controversially pulled off the air in April 2002
after losing its broadcasting frequency in a tender administered by
the president-appointed National Television and Radio Commission
(NTRC). All of A1 Plus's subsequent requests for a frequency were
not granted by the regulatory body without clear reasons for its
decisions to award vacant frequencies to other applicants.
Mesrop Movsesyan, the founding chairman of A1 Plus's parent company
Meltex LTD, describes as "a brazen lie" David Harutyunyan's statement
that there are no vacant frequencies in Armenia today.
"It takes only one letter to ask Geneva to provide a list of all
channels available to Armenia and it cannot be that there is none in
the 60-frequency band where only 15 television companies operate,"
says Movsesyan.
Hovhannes Igityan, a member of the Board of the former ruling Armenian
all-National Movement party and representative of the Center of
[Levon Ter-Petrosyan's] Popular Movement, who is in Strasbourg now,
said that those at the Assembly understood that the A1 Plus issue was
political and the verdict of the European Court invoked an article
regarding freedom of expression.
"In any case, the issue of the TV company remained in the resolution
and the Armenian government must solve the problem, otherwise the
PACE will later address it in tougher terms," Igityan said.
Yerevan Press Club (YPC) President Boris Navasardyan says practically
it is difficult to find a solution for A1 Plus.
"As the first step we suggest that discussions are organized with
independent experts and an inquiry is made whether there are really
no free frequencies in Armenia or whether through certain state
investments those frequencies could be put to a tender," he says.
According to Navasardyan, the European Court's decision to awarded
A1 Plus 20,000 euros in respect of non-pecuniary damage (and 10,000
euros for costs and expenses) does not mean restoration of violated
rights. A1 Plus tried to restore its rights in 12 contests and failed
every time.
"The right of freedom of speech was violated by taking A1 Plus off
the air, therefore the company must be given an opportunity of a fair
competition. If a competition is held for a frequency not vacant
now, another company that has a license may be deprived of it. And
television companies holding broadcasting licenses have privileges
in respect to the frequencies that have belonged to them," the YPC
president explains.
Movsesyan says that's exactly how A1 Plus was treated.
"But I respect all, my colleagues have the right to work. But it
does not mean that I no longer have the right to get back into the
competition for a license," he says. "Of course, I would prefer a
contest for a vacant channel."
YPC expert Mesrop Harutyunyan says the government policies of recent
years do not give reasons to believe that A1 Plus will be given
a frequency.
"But if they are wise enough they will find a vacant frequency. They
will announce a contest and will hold it in an objective manner at
least this time," says Harutyunyan.
The YPC has proposed changes in the Law on Television and Radio that
it has already submitted to the National Assembly.
"The changes will promote transparent competitions. The National
Commission will become really independent, criteria will be clear and
a rating vote will be taken on every criterion. It should be clear
why a given company wins and another company loses," Harutyunyan says.
The A1 Plus head says they will continue their fight and expects to
be on the air by the end of this year.
"There is a task of 'reanimation' in the television field. I don't
want to say that I am the doctor. Simply, I want a step forward
that would lead to sobriety and that step will be taken by A1 Plus,"
Movsesyan says. "Our focus will be news, this is our trump card."
Meanwhile, meeting media representatives last week Deputy Justice
Minister Gevorg Kostanyan said that A1 Plus's interests at the European
Court were defended by the London-based KJRB (CHECK????) legal firm.
"This organization presents issues against the Republic of Armenia on
behalf of citizens of Azerbaijan and defends the interests of former
residents of Lachin," the deputy minister said.
Responding to this statement, Movsesyan said: "Those people did a job
for us. Today, they proceed with the case of Azerbaijanis, tomorrow
they may take up a case of Turks. It does not mean anything. I will
say that the same team defended [Kurdish leader] Ocalan's interests
and today their entry into Turkey is prohibited. They are considered
to be anti-Turkish elements."