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Council Of Europe Convinces Ter Petrosyan To Hold Independent Invest

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  • Council Of Europe Convinces Ter Petrosyan To Hold Independent Invest

    COUNCIL OF EUROPE CONVINCES TER-PETROSIAN TO HOLD INDEPENDENT INVESTIGATION OF VIOLENCE IN YEREVAN
    By Emil Danielyan

    Eurasia Daily Monitor
    Nov 11 2008
    DC

    Bowing to Western pressure, Armenian President Serzh Sarkisian has
    formed a supposedly independent body to investigate the deadly clashes
    in Yerevan that were sparked by his controversial victory in last
    February's presidential election. The new inquiry could undermine
    the Armenian government's justification for the use of lethal force
    against thousands of opposition supporters protesting official vote
    results. Nonetheless, the Armenian opposition has downplayed the move's
    significance and set conditions for its indispensable involvement in
    the probe.

    At least eight civilians and two members of the security forces were
    killed on March 1 and 2 as the Armenian authorities suppressed a
    campaign of non-stop street protests launched by the main opposition
    presidential candidate, former President Levon Ter-Petrosian,
    following the disputed vote on February 19. The worst street violence
    in Armenia's history was triggered by the pre-dawn dispersal of a tent
    camp set up by Ter-Petrosian in Yerevan's Liberty Square. Later on
    March 1 thousands of his furious supporters regrouped and barricaded
    themselves in a sprawling area elsewhere in the city center

    Despite firing live rounds and using heavy anti-riot equipment, the
    police and other security forces failed to break up the unprecedented
    protest. The most aggressive of the protesters armed with Molotov
    cocktails, iron bars, and sticks chased them away from the scene,
    burning police and other cars and looting shops in the process. The
    crowd dispersed at Ter-Petrosian's urging in the early hours of the
    next morning after outgoing President Robert Kocharyan declared a state
    of emergency and ordered the military into the Armenian capital. The
    authorities branded the opposition actions an attempted coup d'etat
    and arrested at least 100 opposition members and supporters in the
    following weeks.

    Ter-Petrosian and his allies rejected the accusation, saying that
    Kocharyan had organized the "slaughter" to install his longtime chief
    lieutenant Sarkisian in power. The official version of events has
    also been questioned by Western governments and human rights bodies,
    notably the Council of Europe. One of their key demands to the Armenian
    authorities since then has been to allow an "independent, credible,
    and transparent" inquiry into the bloody unrest.

    The authorities claimed to have complied with this demand when they
    launched a separate parliamentary inquiry in June. The tiny opposition
    minority in Armenia's National Assembly as well as Ter-Petrosian's
    opposition alliance, which is not represented in the legislature,
    were also given a chance to name representatives to an ad hoc
    parliamentary commission formed for that purpose. They both rejected
    the offer, however, on the grounds that the commission was dominated
    by pro-government lawmakers.

    The opposition boycott led Council of Europe officials to express
    serious misgivings about the parliamentary body. Visiting Yerevan
    in July, the Strasbourg-based organization's commissioner for human
    rights, Thomas Hammarberg, proposed a new format for the inquiry,
    whereby the main investigative work would be done by another, purely
    fact-finding body, in which the government and opposition camps would
    have equal representation. The parliamentary commission would only
    make a political assessment of that body's findings.

    The authorities in Yerevan accepted the proposal, with Sarkisian
    signing an executive order on the formation of the Fact-Finding Group
    of Experts on October 23. A statement by Sarkisian's office said that
    its main mission would be to collect information that would shed more
    light on the "legitimacy" of police actions and the circumstances in
    which 10 people were killed on March 1. The fact-finding group will
    have the right to obtain that information from "any state or local
    government body or any of their officials" and to question individuals
    who played a part in the unrest.

    Under the presidential directive, Ter-Petrosian's Armenian National
    Congress (HAK) alliance and the opposition Heritage party of U.S.-born
    former Foreign Minister Raffi Hovannisian will each name one member of
    the group. Two other members will be nominated by Armenia's governing
    coalition loyal to the president. The remaining fifth member will
    represent the state human-rights ombudsman, Armen Harutyunyan, who
    cautiously welcomed Sarkisian's decision, calling it the first "serious
    step" toward a dialogue with the opposition (168 Zham, October 28).

    Opposition leaders, however, were far more skeptical about the
    implications of the move. Ter-Petrosian told RFE/RL on October 27
    that the new body could not be independent because it was supposed to
    report to the parliamentary commission, to which it would therefore
    be "subordinated." He claimed that those guilty of the March 1
    deaths would not be brought to justice as long as Sarkisian stayed
    in power. In a joint statement on November 1, the HAK and Heritage
    described Sarkisian's October 23 directive as "unconstitutional" but
    said they would participate in the new inquiry if the body conducting
    it was given more power and was joined by foreign experts.

    Sarkisian and his four-party coalition have yet to respond to the
    opposition's demands. The very fact of them agreeing to forego
    control over the purportedly independent probe is in itself quite
    significant. The fact-finding group, assuming that it takes shape and
    starts working, is extremely unlikely to endorse the official theory of
    the unrest, which is at the heart of the ongoing criminal investigation
    launched by Kocharyan. There is speculation in Armenia that Sarkisian
    is not only eager to avoid sanctions by the Council of Europe but
    is also seeking to distance himself from his hawkish predecessor,
    who is widely blamed for the bloody post-election crackdown.

    Kocharyan's lingering influence on law-enforcement bodies is seen by
    some local observers as the main reason why the vast majority of the
    oppositionists arrested in the aftermath of the February election
    remain in jail. Their release is another key demand by the Council
    of Europe to Yerevan. Government loyalists have fueled talk of an
    impending amnesty for the opposition detainees. One loyalist, former
    Justice Minister David Harutyunyan, hinted on November 5 that Sarkisian
    might announce it before the end of this month. (Aravot, November 6.)
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