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HRW: Universal Periodic Review Of Armenia

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  • HRW: Universal Periodic Review Of Armenia

    Human Right Watch Organization
    April 23 2010

    Universal Periodic Review of Armenia
    Human Rights Watch's submission (November 2009)

    Summary

    This submission highlights several key areas of concern regarding
    Armenia's compliance with its international human rights obligations,
    including election-related and post-election violence; lack of
    accountability for excessive use of force by law enforcement officials;
    violations of the right to freedom of assembly and expression; torture
    and inhuman and degrading treatment in custody; official harassment
    and attacks on human rights defenders; and the right to access to
    controlled medicines.

    Election-related and post-election violence

    Armenia has a history of violent elections. Although the Council of
    Europe's Congress of Local and Regional Authorities (CLRAE), stated
    that the May 31, 2009 Yerevan City Council elections were broadly
    in compliance with European standards, it also documented cases of
    intimidation of party proxies and observers by unidentified persons.

    Unidentified assailants attacked opposition journalists Gohar Veziryan
    (IV Estate), Tatev Mesropyan (Hayq), and Marine Kharatian (Zhamannak),
    and prevented them from accessing polling stations. The government
    failed to investigate and prosecute the assailants.

    Violence and irregularities also marred the February 2008 presidential
    elections. Then-Prime Minister Serj Sargsyan won with 52.8 percent
    of the vote, defeating the opposition candidate Levon Ter-Petrossian
    (21.5 percent). Human Rights Watch documented nine cases of assailants
    intimidating, threatening, and even violently attacking opposition
    party activists, journalists, and observers who had complained about
    what they believed to be electoral fraud and other violations of
    election rules.[1]

    Opposition supporters who claimed that Sargsyan's victory was
    the result of fraud began a continuous protest immediately after
    the election, with daily rallies and an overnight encampment on
    a city-center square. The authorities initially tolerated the
    protesters. However, on March 1, special police forces confronted
    them. As a result of clashes between protesters and police, at least
    10 persons were killed--eight civilians and two police officers--and
    scores were injured. While in some instances, the use of force may
    have been legitimate (such as in response to a small group of violent
    protesters), in many others it was unprovoked and excessive.

    [2] In the aftermath of the violence there were more than 100 arrests.

    Human Rights Watch documented physical abuse and ill-treatment of
    detainees during their arrests as well as while they were being
    transported to the police department. In some cases, both verbal and
    physical abuse continued in police custody. We have documented 38
    detention cases, in 27 of which the detainees alleged ill-treatment.

    We have also documented serious due process violations, including
    incommunicado detention and lack of access to a lawyer of one's
    choosing.

    Lack of accountability for excessive use of force

    Armenian authorities have yet to ensure a meaningful investigation into
    and accountability for excessive use of force by security forces during
    clashes with protestors on March 1 and 2, 2008. Their response has
    focused on identifying and prosecuting those responsible for organizing
    the demonstrations and on prosecuting others for participating in
    "violent" disorder. The government prosecuted more than 50 civilians
    on charges arising from the demonstrations and sentenced some to
    lengthy prison terms. Although a June 19, 2009 presidential pardon
    released many, local human rights groups maintain that 17 opposition
    supporters remain imprisoned on politically-motivated charges.

    Soon after the March events the police dismissed several top officials,
    although none was charged in relation to the violence.

    Officials claimed to have opened 200 internal inquiries into police
    conduct, and four police officers have been charged in two separate
    cases for excessive use of force. As of this writing the trial was
    ongoing.

    In September, a parliamentary commission investigating the March
    2008 events and dominated by the ruling party concluded that despite
    isolated incidents of excessive force, law enforcement actions were
    legitimate and adequate. A separate fact-finding working group, with
    opposition participation, was dismissed by President Serj Sargsian
    in June.

    Freedom of Assembly

    Armenian authorities continue to restrict freedom of assembly by
    frequently banning rallies from taking place, usually on technical
    grounds. Of 84 times when opposition groups lodged notification
    of plans to hold demonstrations and rallies in 2009, only 28 were
    allowed to proceed. Opposition parties allege particular difficulties
    in securing meeting venues for indoor events.

    In July, three youth opposition activists, Tigran Arakelian, Sahak
    Muradyan and Herbert Gevorgyan, were hospitalized after persons
    they believed to be plain-clothed security officials attacked them
    in downtown Yerevan. The activists were publicizing a rally for the
    opposition Armenian National Congress. Arakelian was later charged
    with hooliganism and grave abuse against law enforcement officials and
    held in pre-trial custody, but released in October pending the trial.

    In September Gevorgyan was convicted on charges of minor bodily injury
    and sentenced to one year in prison and fined, but was subsequently
    amnestied. As of this writing, Muradyan was under investigation on
    hooliganism charges.

    Freedom of Expression

    Media freedoms in Armenia remain restricted, and several journalists
    have been attacked for their work in 2009. The assailants have not
    been identified and held accountable. On May 6, 2009 two unknown
    assailants attacked Nver Mnatsakanian, an anchor for the private
    television station Shant, near his home after work. A week earlier,
    Argishti Kvirikian, editor for the Armenia Today online news agency,
    was attacked in similar circumstances and hospitalized with severe
    injuries. On November 17, 2008, an unknown assailant attacked Edik
    Baghdasarian, the editor of the online newsmagazine Hetq and chairman
    of the Investigative Journalists' Association. He was hospitalized
    with a concussion. No arrests have been made in any of these cases.

    In April 2009, the Organization for Security and Co-operation in
    Europe (OSCE) Representative on Freedom of Media, Miklos Haraszti,
    urged the authorities to swiftly investigate the attacks.

    In June 2008 the European Court of Human Rights ruled that Armenia
    had violated Article 10 of the European Convention on Human Rights
    (guaranteeing freedom of expression) in relation to its regulation
    of the independent broadcast company A1+. The court held that laws
    regulating the awarding of broadcast licenses failed to protect against
    arbitrary government interference and that denials of a license to A1+
    were unlawful. Despite this, A1+ had made over a dozen unsuccessful
    attempts to regain a license since going off the air in 2002. In
    September 2008, the National Assembly amended the law on television and
    radio to suspend all licensing until a digital switchover scheduled
    for 2010 occurs. These amendments were seen as a further attempt to
    deny A1+ a license.

    In April, 2009, the Armenian parliament adopted a set of amendments
    to broadcasting laws. Some of them were seen as progressive, including
    those that ensure greater transparency regarding approval for broadcast
    licenses. However, the amendments failed to ensure political and
    ideological pluralism of the licensing body, the Council for Public
    Television and Radio, whose members are appointed by the president.

    Torture and Ill-Treatment

    Torture and ill-treatment in custody is widely reported by local civil
    society groups in Armenia. The government fails to ensure meaningful
    investigations into and accountability for those abuses. As noted
    above, many of the opposition supporters detained following the March
    2008 events alleged physical abuse during apprehension, transfer to
    police station, and in detention. The Helsinki Association of Armenia
    reported at least four cases of torture of opposition supporters
    in custody in 2009 related to the investigation into the March
    2008 events.

    One of the most egregious cases of death in custody in 2007, allegedly
    due to torture, concerned Levon Gulyan, who died in custody after
    police arrested and interrogated him in May 2007. In 2008 a court
    ordered that the investigation into Gulyan's death be reopened, but
    in April 2009, prosecutors closed the case again. The authorities
    allege that while being held for questioning, Gulyan jumped from
    a second-story window of a police station while trying to escape,
    a claim denied by Gulyan's relatives who believe he was tortured.

    Attacks on human rights defenders

    Official harassment and attacks on human rights defenders in Armenia
    often go unpunished. While monitoring the May 2009 Yerevan City
    Council elections, Arshaluys Hakobian of the Helsinki Association
    of Armenia was expelled from a polling station. A few days after
    filing a complaint about this incident with the authorities, police
    appeared at his home to summon him for questioning. After an argument
    over his signature on the summons, police arrested Hakobian for
    allegedly resisting authority. Hakobian alleged he had been beaten
    and ill-treated in custody. Although he had filed a complaint and
    testified to his ill-treatment during his September 2009 trial on the
    charges of resisting authority, the police failed to comprehensively
    investigate the claim.

    In November 2008, Mariam Sukhidian, whose activism primarily relates
    to environmental concerns, publicized on national television a program
    about the case of two girls who alleged sexual harassment at their
    Yerevan school. Police charged Sukhidian with falsely reporting a
    crime. Human rights activists believe the charges are designed to
    intimidate Sukhidian in retaliation for her environmental work.

    In May 2008 the chairman of the Armenian Helsinki Association, Mikael
    Danielyan, was wounded when an assailant shot him from a pneumatic
    gun, following an argument while both men were stopped at a traffic
    light. It was reported that the assailant was a former leader of
    the Armenian Progressive Party. A criminal investigation into the
    attack was halted the second time in April 2009, allegedly for lack
    of criminal intent. Danielyan's appeal against the decision to close
    the investigation was still pending at this writing.

    Access to Controlled Medicines

    In its resolution 12/24 on "Access to medicine in the context of
    the right of everyone to the enjoyment of the highest attainable
    standard of physical and mental health," the Human Rights Council
    encouraged states to consider including in their national reports
    to the Universal Periodic Review mechanism information on measures
    taken to promote access to medicines.

    Armenia's low consumption of morphine and other opioid medicines,
    reported annually to the International Narcotics Control Board,
    indicates that access to medicine for pain treatment is very
    limited.[3] Although morphine is safe, effective, and inexpensive,
    Armenia's consumption of morphine and alternative strong opioid
    medicines is sufficient to provide pain treatment to less than a
    quarter of its terminal cancer patients.[4] As these medicines are
    also used to provide pain treatment for non-terminal cancer patients,
    people living with HIV/AIDS and patients with pain from surgery,
    injuries and other diseases, an estimate can be made that each year,
    thousands of people suffer from untreated moderate to severe pain.[5]

    Recommendations

    Regarding election-related and post-election violence and
    accountability for excessive use of force, the Armenian government
    should be urged to:

    â~@¢Implement all outstanding recommendations from the reports of the
    Office of Democratic Institutions and Human Rights of the Organization
    for Security and Co-operation in Europe (OSCE/ODIHR) on its observation
    of Armenian elections, including its final report on the February 19,
    2008 presidential election; â~@¢Ensure a thorough, independent, and
    transparent investigation into the excessive use of force by police on
    March 1, 2008 and into ill-treatment of detainees by police officials
    during the subsequent arrests and detentions. Such an investigation
    should comply with international standards and be capable of leading
    to the prosecution of abusive law enforcement officials.

    Regarding freedom of assembly, the Armenian government should be
    urged to:

    â~@¢Ensure that no arbitrary impediments are imposed on exercising
    the right to freedom of assembly; â~@¢Investigate all allegations
    of attacks on peaceful demonstrators and hold the perpetrators
    accountable.

    Regarding freedom of expression, the Armenian government should be
    urged to:

    â~@¢Thoroughly and promptly investigate all attacks on journalists
    and hold perpetrators accountable; â~@¢Implement the European Court
    of Human Rights judgement which found the government's denial of a
    license to A1+, an independent broadcasting company, a violation of
    Armenia's human rights obligations.

    Regarding torture and ill-treatment, the Armenian government should
    be urged to:

    â~@¢Ensure that allegations of torture and inhuman and degrading
    treatment are investigated promptly and efficiently and that
    perpetrators are brought to justice.

    Regarding official harassment and attacks on human rights defenders,
    the Armenian government should be urged to:

    â~@¢Conduct prompt and thorough investigations into all allegations
    of harassment and attacks against human rights defenders and bring
    perpetrators to justice.

    Regarding the right to access to controlled medicines, the Armenian
    government should be urged to:

    â~@¢Examine the reasons for its inadequate consumption of opioid
    medicines for pain treatment and develop a plan of action to improve
    access.

    [1] For more details, please see
    http://www.hrw.org/en/news/2008/02/20/armenia- violence-polling-stations-mars-elections.

    [2] For more details, please see
    http://www.hrw.org/en/reports/2009/02/25/democ racy-rocky-ground-0.

    [3] International Narcotics Control Board, Narcotic Drugs: Estimated
    World Requirements for 2009 - Statistics for 2007, E/F/S.09.XI.02
    (New York: United Nations, 2009), pp. 219, 260. In 2007, the most
    recent year for which data are available, Armenia consumed 4kg of
    morphine, 8g of fentanyl, and no other strong opioids.

    [4] Human Rights Watch calculates that all of the morphine and
    fentanyl consumed in Armenia in 2007 was sufficient to provide adequate
    treatment to about 23% of Armenia's terminal cancer patients.

    The calculation is based on the following: WHO statistics indicate
    that at approximately 4400 people die of cancer in Armenia each year
    (World Health Organization Statistical Information System (WHOSIS)
    http://www.who.int/whosis/en/index.html (accessed July 15, 2009));
    one authoritative study estimates that 80 percent of terminal cancer
    patients and 50 percent of terminal HIV/AIDS patients will develop
    moderate to severe pain symptoms, on average for a period of about 90
    days, requiring treatment with 60 to 75 milligrams of morphine per
    day, or an equivalent dose of another opioid (K. M. Foley, et al.,
    "Pain Control for People with Cancer and AIDS," in Disease Control
    Priorities in Developing Countries, 2nd ed., (New York: Oxford
    University Press, 2003), 981â~@~P994).

    [5] According to UNAIDS, in 2007 there were approximately 2400 people
    living with HIV/AIDS in Armenia and as many as 200 AIDS deaths: 2008
    Report on the Global AIDS Epidemic (Geneva: UNAIDS, 2008), pp. 219,
    222. Thousands more people suffer injuries (WHOSIS) or have pain from
    non-terminal cancer or other diseases.
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