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  • Armenia: Authorities Must Observe Principles Of Necessity And Propor

    ARMENIA: AUTHORITIES MUST OBSERVE PRINCIPLES OF NECESSITY AND PROPORTIONALITY IN RESPONDING TO OPPOSITION DEMONSTRATIONS

    States News Service
    March 4, 2008 Tuesday

    The following information was released by Amnesty International USA:

    Amnesty International is deeply concerned by reports that eight
    people, including one policeman, were killed during the dispersal of
    a demonstration in the capital Yerevan on 1 March. Over 130 others,
    in addition to a reported 58 police officers, were injured. Casualty
    figures for further clashes later that day have yet to be released.

    Amnesty International is calling on the Armenian authorities to ensure
    that the principles of necessity and proportionality are observed in
    all instances of the use of force by law enforcement officials. The
    organization is also calling for casualty figures and information
    regarding missing persons to be made public immediately, and for a
    prompt, impartial and independent enquiry into the use of force by
    law enforcement officials to be conducted without delay.

    Amnesty International is concerned that police officers may have used
    excessive force to disperse the demonstrations on 1 March. Since the
    announcement of the results on 20 February

    supporters of losing candidate and former president Levon
    Ter-Petrosian staged constant protests in Freedom Square in the
    centre of Yerevan. Early in the morning of 1 March police used
    force to disperse the crowds after they reportedly refused police
    instructions to disperse. Police are reported as having been armed with
    truncheons, tear gas, stun guns and tracer bullets. Eight people, seven
    demonstrators and one policeman, reportedly died during the violence,
    while a reported 131 demonstrators and 58 policemen were also reported
    as injured. Among the injured, a reported 18 demonstrators and 16
    policemen received bullet wounds.

    Later that day large crowds assembled outside the French Embassy.

    Late in the afternoon the demonstration developed into violent clashes
    between protestors and police. There were widespread reports of the
    use firearms; police also used stun guns and water cannon.

    Demonstrators used petrol bombs and stones to assault police and
    set fire to vehicles. There is no information available to date on
    numbers of casualties arising from these clashes. There have also
    been reports of demonstrators going missing and of house searches of
    high-ranking opposition members.

    In response to these clashes President Robert Kocharian declared
    a state of emergency to last until 20 March. Levon Ter-Petrosian
    was reported to have been placed under house arrest, although the
    Armenian authorities denied this; a number of other opposition
    leadership figures were also reportedly detained on charges of
    illegally organizing rallies.

    Although there are widespread reports of the use of violence by
    demonstrators against police at the demonstration outside the
    French Embassy, reports and eyewitness accounts of the earlier
    demonstration in Freedom Square do not mention violence on the part of
    the demonstrators gathered there. There are also several eyewitness
    reports indicating that police assaulted protestors who were fleeing
    from the demonstration.

    Amnesty International acknowledges the difficulties faced by law
    enforcement officers when policing violent demonstrations, and
    notes that the Armenian authorities have both a responsibility and
    an obligation under international law to provide for the safety and
    security of people and property. Large numbers of policemen reported
    as injured indicate that the Armenian police faced a very difficult
    situation on 1 March. However, the Armenian authorities also have an
    obligation to ensure that law enforcement officers act in accordance
    with international standards, particularly the principle that force
    may only be used by law enforcement officers when strictly necessary
    and to the extent required for the performance of their duty.

    Amnesty International further urges politicians and those in authority
    not to implicitly or explicitly encourage violence.

    Amnesty International is also concerned regarding possibilities for
    restrictions on the right to freedom of expression resulting from the
    broad wording of the restrictions imposed by President Kocharian's
    declaration of a state of emergency. The declaration restricts mass
    media publications on 'state and internal political issues' to limits
    established by the official information issued by state authorities.

    It also bans, without defining, 'political propaganda' published
    without official permission. A state of emergency does not offer state
    authorities an open hand in silencing the media. Any derogation of the
    right to freedom of expression must be provided for in law, observe
    the principles of necessity and proportionality and be justified by
    specific reasons.

    Background

    On 19 February Armenia held presidential elections to replace outgoing
    President Kocharian. According to official results issued by the
    Central Election Commission the election was won by Serge Sarkisian,
    Prime Minister and both a close associate of President Kocharian
    and his designated successor, with 52.9% of the vote. This result
    provided a narrow but sufficient margin to preclude a second round of
    voting. Presidential candidate and former president Levon Ter-Petrosian
    came second with 21.5% of the vote according to official figures.

    The election observation mission organized by the Organization for
    Security and Co-operation in Europe (OSCE) assessed the election as
    'mostly in line' with OSCE commitments, though it did note that one
    candidate was targeted with negative propaganda by broadcast media.

    The mission also reported that conduct of the count in 16% of polling
    stations was 'bad to very bad', and drew attention to a number of
    other serious shortcomings. There were widespread reports in domestic
    and international media of intimidation, ballot stuffing and problems
    with the count.

    Public Document

    International Secretariat, Amnesty International, 1 Easton St.,
    London WC1X 0DW, UK
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