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Yerevan Press Club Weekly Newsletter - 02/25/2010

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  • Yerevan Press Club Weekly Newsletter - 02/25/2010

    YEREVAN PRESS CLUB WEEKLY NEWSLETTER

    FEBRUARY 19-25, 2010

    HIGHLIGHTS:

    "PRESS CLUB" CYCLE: ISSUES OF GENDER EQUALITY

    INCIDENT IN FRONT OF THE RA PROCURACY

    RA CONSTITUTIONAL COURT SECURED THE APPLICATION OF THE FOUNDER OF "A1+" TV
    COMPANY

    INVESTIGATION ON THE CASE OF VIOLATIONS AT PRECINCT 10/19 DISMISSED


    "PRESS CLUB" CYCLE: ISSUES OF GENDER EQUALITY

    On February 23, another "Press Club" show went on the air of "Yerkir Media"
    TV company. The cycle is produced under Yerevan Press Club project,
    supported by the Open Society Institute. The guests of the program host, YPC
    President Boris Navasardian were dramatist Karineh Khodikian and Geghetsik
    Grigorian, Associate Professor of Armenian State University of Economy. The
    discussion centered on the issues of gender equality in Armenia.

    The next "Press Club" show will be aired on "Yerkir Media" on March 2, at
    21.15.

    INCIDENT IN FRONT OF THE RA PROCURACY

    On February 24 in front of the RA Procuracy an incident with the free lance
    journalist Gagik Shamshian occurred. According to Shamshian, he was shooting
    on the street before the beginning of the session of the RA Procuracy
    Collegium, when a young man came up to him, abusing and demanding to stop
    shooting and to get away. Afterwards he started to beat the journalist, then
    entered the building of the Procuracy. Gagik Shamshian also told YPC that
    despite the injuries, he waited till the end of the Collegium session and
    attended the press conference of Aghvan Hovsepian, RA General Prosecutor. As
    to the journalist, he announced about the crime at the press conference, and
    Aghvan Hovsepian asked him to address to the RA Procuracy with a notice on
    the attack. Gagik Shamshian also noted that right after the assault he
    called the RA Police on the hotline. Shamshian ensures that he had time to
    take a picture of the assaulter, while the incident should have been
    recorded by the camera fixed at the entrance of RA Procuracy.

    Later, while Gagik Shamshian was receiving medical assistance, it turned out
    that his eardrum was injured.

    On the same day, on February 24, Committee to Protect Freedom of Expression,
    Yerevan Press Club, Internews Media Support NGO, Media Diversity Institute,
    "Asparez" Journalist's Club of Gyumri, Vanadzor Press Club, and Goris Press
    Club released a statement, which emphasized that Gagik Shamshian "was taking
    photos of the high-ranking officials of law enforcement bodies, who were
    arriving to the Collegium, i.e., was on professional duties. Meanwhile from
    the way the assaulter freely entered the Procuracy, he may be directly
    related to the law enforcement bodies". "The public can expect that another
    case of violence against a journalist will be followed up. And if the
    attacker is not revealed and punished this time, we will have all the
    reasons to believe that the law enforcement bodies are simply refraining
    from disclosure of such crimes", the statement of seven journalistic
    associations stated, in particular.

    On February 25 "Aravot" daily published the photo of the young man, which,
    as to Shamshian, has assaulted him. In the report on the incident near the
    Procuracy "Aravot" also noted that, according to the newspaper's
    information, "the assaulter is an investigator of the General Investigative
    Department of the Police".

    Kentron Procuracy of Yerevan instituted criminal proceeding on Articles 164
    ("Impeding the legitimate professional activities of journalist") and 118
    ("Beating") of the RA Criminal Code. The investigation is conducted by
    Kentron Police Department.

    RA CONSTITUTIONAL COURT SECURED THE APPLICATION OF THE FOUNDER OF "A1+" TV
    COMPANY

    On February 23 RA Constitutional Court delivered a judgment on the
    application of the founder of "A1+" TV company, "Meltex" LLC, regarding the
    compliance of Point 1 of Article 204'28 of the RA Civil Procedure Code ("The
    competences of the court in case of revision") with the Main Law. As it has
    been reported, in the application, lodged on August 19, 2009, "A1+" founder
    stated that the abovementioned Point enables the court to confirm the
    previous judgment on a case without securing the filed suit on
    reconsideration on the ground of new circumstances. Namely this provision
    made a basis for the RA Court of Cassation to decline on February 19, 2009
    the demand of "A1+" founder to reconsider the two rulings of the Court of
    Cassation (of February 27 and April 23, 2004) on suits of "Meltex" LLC
    versus National Commission on Television and Radio under new circumstances
    in the case. A new circumstance became the judgment of the European Court of
    Human Rights of June 17, 2008, recognizing the refusals to grant "A1+" a
    broadcast license to be a violation of Article 10 of the European Convention
    for the Protection of Human Rights and Fundamental Freedoms, i.e., of the
    right of the applicant to freely impart information and ideas. At the
    hearings, started on December 15, 2009, the Constitutional Court mentioned
    that in September 2009, in another case, Point 1 of Article 204'28 was
    already recognized contradicting to the Main Law (see YPC Weekly Newsletter,
    December 11-17, 2009).

    At the session of February 23 the Constitutional Court affirmed that Point 1
    of Article 204'28 of the RA Civil Procedure Code contradicts the Main Law.
    According to the delivered judgment, the founder of "A1+" can reapply to the
    Court of Cassation with the same demand - to reconsider the two court
    rulings of 2004 on suits of "Meltex" LLC versus NCTR under new circumstances
    in the case.

    INVESTIGATION ON THE CASE OF VIOLATIONS AT PRECINCT 10/19 DISMISSED

    The RA Special Investigative Service dismissed the investigation on the case
    of violations at precinct 10/19 of Yerevan, made on January 10, 2010 (day of
    elections to the vacancy formed in the RA National Assembly). On January 14,
    RA Central Electoral Commission has cancelled the elections at precinct
    10/19, due to numerous violations. On January 19 the RA Procuracy informed
    that proceedings were instituted on Points 3 and 5 of Part 2 of Article 149
    of RA Criminal Code ("Obstructing the realization of electoral right, the
    work of electoral commission or the implementation of the authorities of
    election participants").

    As it has been reported, among the violations at the precinct 10/19
    incidents with journalists were also observed. Thus, the representatives of
    one of the candidates for deputy prohibited the free lance journalist Gagik
    Shamshian and Anush Martirosian, correspondent of Armenian Service of Radio
    Free Europe/Radio Liberty, from shooting and interviewing. After a verbal
    skirmish the journalists were forced out of the polling station. Later, on
    that day the same people forced Hayk Gevorgian, observer of "Haykakan
    Zhamanak" daily, and Gohar Vezirian, correspondent of "Chorrord
    Inknishkhanutiun" newspaper, out of the polling station (see details in YPC
    Weekly Newsletter, January 14-21, 2010).

    As Mr. Gevorgian, the special investigator of RA Special Investigative
    Service, informed YPC, the inquiry of the violations at precinct 10/19 was
    dismissed for failure of proof.


    When reprinting or using the information above, reference to the Yerevan
    Press Club is required.

    You are welcome to send any comment and feedback about the Newsletter to:
    [email protected]

    Subscription for the Newsletter is free. To subscribe or unsubscribe from
    this mailing list, please send a message to: [email protected]

    Editor of YPC Newsletter - Elina POGHOSBEKIAN
    _____________________________________ _______
    Yerevan Press Club
    9B, Ghazar Parpetsi str.
    0002, Yerevan, Armenia
    Tel.: (+ 374 10) 53 00 67; 53 35 41; 53 76 62
    Fax: (+374 10) 53 56 61
    E-mail: [email protected]
    Web Site: www.ypc.am
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