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  • HRW: Universal Periordic Review: Human Rights Watch Submission On Ar

    UNIVERSAL PERIORDIC REVIEW: HUMAN RIGHTS WATCH SUBMISSION ON ARMENIA

    Human Rights Watch
    June 18 2014

    June 17, 2014

    Summary

    Armenia's human rights record has remained problematic since its UPR
    in 2010, leaving many of the accepted recommendations unfulfilled,
    casting some doubts on the government's willingness to abide
    by its commitments. Although the 2012 and 2013 parliamentary and
    presidential elections were generally better administered than past
    votes, they were marred by reports of voter harassment, vote-buying,
    misuse of administrative resources to favor incumbents, and police
    unresponsiveness to citizens' complaints. Ill-treatment in police
    custody persists. The authorities do not adequately investigate a
    troubling number of noncombat deaths in the military. There have been
    no effective investigations into violent attacks against peaceful
    protesters by unidentified assailants. Broadcast media continues
    to lack pluralism, and instances of violence and harassment against
    journalists and media workers continue to occur with impunity.

    Violence and discrimination based on sexual orientation and gender
    identity by both state and non-state actors are serious problems.

    Bureaucratic restrictions prevent people with terminal illnesses from
    accessing adequate pain medications in violation of their human rights.

    Elections

    During the previous UPR in 2010, Armenia accepted to "implement
    recommendations issued by the Office for Democratic Institutions and
    Human Rights of OSCE" to improve the conduct of future elections.

    Despite some reforms to the electoral code, 2012 parliamentary and
    2013 presidential elections fell short of OSCE standards.

    According to the OSCE's election monitoring report, the May 6, 2012
    parliamentary election, although competitive and largely peaceful, was
    marred by "an unequal playing field" due to misuse of administrative
    resources, and party representatives and local authorities pressuring
    voters, interfering in voting, and hindering the work of journalists.

    Several violent incidents occurred during the campaign period in
    the capital Yerevan, including assaults on opposition party Armenian
    National Congress (ANC) candidates and members. The ANC members were
    distributing campaign information at the time of the attack. Police
    failed to effectively investigate.

    The OSCE also concluded that the February 2013 presidential election
    "was generally well-administered" but noted "some serious violations"
    of OSCE and Council of Europe standards. The observers also noted
    other breaches, including public administration bias in favor of
    incumbents, misuse of administrative resources, and undue interference
    by the incumbent's proxies. Local observers reported the presence of
    unauthorized persons at polling stations, numerous attempts to pressure
    observers and journalists by political parties and election commission
    members, and widespread ballot stuffing for the incumbent candidate.

    Freedom of Assembly and Association

    Armenia accepted several recommendations related to freedom of assembly
    and association, and in a positive move the government lifted the
    blanket ban on public rallies at Yerevan's Freedom Square.

    However, in several instances police used violence against people
    who had participated in peaceful protests. Authorities also failed to
    effectively investigate a spate of attacks against peaceful protesters
    by unidentified assailants.

    For example, in August 2013, police used force to disperse a crowd
    of local residents and civic activists in central Yerevan, who were
    protesting against the construction of a high-rise apartment building
    in the city center. Police briefly detained some 26 protesters and beat
    at least one as he was transported to a police station; he required
    brief hospitalization. In October 2013, the Armenian ombudsman's
    office also found that the police had used disproportionate force
    but the authorities failed to take effective measures to investigate.

    September 2013 saw a spate of attacks against peaceful protesters
    in Yerevan, apparently intended to discourage participation in two
    peaceful protests. On September 5, about six unidentified assailants
    attacked Haykak Arshamyan and Suren Saghatelyan, well-known civil
    society activists, as they returned from a peaceful demonstration
    in front of the Republican Party headquarters where they were
    protesting President Sargsyan's announcement that Armenia would
    join the Russia-led Eurasian Customs Union. Saghatelyan suffered a
    broken nose, requiring surgery and hospitalization, and Arshamyan was
    treated for multiple bruises. On September 4, about 10 unidentified
    assailants attacked activist Arman Alexanyan after he left a sit-in
    at the municipal building to protest a temporary price increase in
    municipal transport fares. He was hospitalized briefly for bruises
    and head trauma. On August 25, about six unidentified assailants
    attacked two activists, Babken Der Grigoryan and Mihran Margaryan,
    shortly after they left the municipal building protest. Police failed
    to conduct effective investigations.

    In 2012 and 2013, the Women's Resource Center, a nongovernmental
    women's rights organization working in the areas of reproductive
    health and rights of victims of sexual violence, has faced an
    increasing number of threats by nationalist groups, including Facebook
    comments by users who threatened to blow it up and slit the throats
    of its activists. While these threats have been reported to the
    police,authorities had yet to investigate at time of writing.

    Freedom of Expression

    Armenia accepted a number of recommendations to ensure full respect
    for the right to freedom of opinion and expression, including by
    "ensuring that no persons are deprived of their liberty solely
    for having exercised their freedom of expression, their right to
    peaceful assembly or their right to take part in the Government of
    their country" and "issuing broadcasting licences and guaranteeing

    the independence of broadcasting regulatory bodies." However
    problems remain. Armenia has diverse print and online media, but
    broadcast media lacks pluralism; for example, only 1 of Armenia's
    13 television stations carries live political talk shows. Despite a
    2008 European Court of Human Rights (ECtHR) judgment that Armenia had
    violated freedom of expression by repeatedly and arbitrarily denying
    the station a license to the independent television station A1+,
    it still remains off air.

    On May 22, 2014 Armenia's prosecutor's office made a broad statement
    threatening to prosecute media outlets and journalists that report
    details of ongoing criminal investigations, citing a criminal code
    article, which makes publication of such information a crime punishable
    by heavy fines or a one-month arrest. The statement raised concern
    among many media outlets, which feared the authorities would use
    the criminal code arbitrarily to silence journalists exposing their
    failures and corruption in the system.

    Following the 2013 presidential elections, OSCE observers noted the
    media's "selective approach" to covering post-presidential election
    developments, notably limiting views critical of the conduct of the
    election. Also, a June 2012 Parliamentary Assembly of the Council
    of Europe (PACE) report on media freedom in Europe found Armenian
    journalists' capacity to report was "hampered by pressures of
    self-censorship" and expressed concern about television stations'
    use of material from political advertisements in news coverage.

    The Committee to Protect Freedom of Expression, a local media
    monitoring group, reported six instances of physical violence against
    journalists during the first half of 2013. In one case, several young
    men forcibly prevented Artak Hambardzumyan, of the group Journalists
    for Human Rights, from documenting alleged ballot box stuffing
    in Artashat during the presidential election. The committee had
    documented 34 instances of pressure on media outlets and journalists
    in the first half of 2013.

    At least two journalists suffered attacks while covering the May
    2012 parliamentary elections. In Yerevan, a man punched Elina
    Chilingaryan as she filmed a bus arriving at a polling station,
    knocking her camera to the ground. Police brought charges against the
    assailant for interfering with the professional duties of a journalist,
    but later dropped the charges, claiming that Chilingaryan was not
    performing her professional duties at the time of the attack since
    she was not wearing her press badge. The authorities did not bring
    separate assault charges.

    Torture and Ill-treatment in Custody

    Armenia accepted a number of recommendations related to the fight
    against torture and ill-treatment, including to "ensure that all
    allegations of torture and inhuman or degrading treatment are
    investigated promptly and that perpetrators are brought to justice."

    However, according to local human rights defenders, torture and
    ill-treatment in police custody persist, and the definition of torture
    in Armenian law does not meet international standards, as it does
    not include crimes committed by public officials. Authorities often
    refuse to investigate allegations of ill-treatment or pressure victims
    to retract complaints. Police use torture to coerce confessions and
    incriminating statements from suspects and witnesses.

    For example, Artur Karapetyan, detained in October 2012 on charges
    of illegal drug distribution, complained of police abuse in custody.

    According to his lawyer, Karapetyan showed him wounds on his feet that
    he said were from a beating. Karapetyan was subsequently released,
    in December 2012, and the charges against him were dropped in April
    2013, but police failed to conduct an effective investigation into
    his ill-treatment allegations.

    In November 2012, Mger Andreasyan testified in a local court that
    Yerevan police officers severely beat him after his arrest on robbery
    charges. Andreasyan stated that, unable to bear sustained beatings,
    he attempted suicide by using his head to break a window in the
    investigator's office and trying to jump out, but police prevented
    him. Although a Yerevan court dropped escape charges against Andreasyan
    in March 2013, there was no investigation into his ill-treatment
    allegations.

    An October 2012 report of the European Committee for the Prevention
    of Torture (CPT) on its follow-up visit in December 2011 noted
    overcrowding, unhygienic conditions, and inadequate medical care in
    two prison facilities. CPT also noted that it received no new cases
    of ill-treatment from these facilities in 2012.

    Army Abuses

    Violence, noncombat deaths, and ineffective investigations into these
    issues remain persistent problems in Armenia. In 2013, the Helsinki
    Citizens' Assembly Vanadzor office had reported 29 noncombat army
    deaths, including 7 suicides. The authorities fail to investigate
    adequately and expose the circumstances of noncombat deaths and to
    account for evidence of violence in cases where the death is ruled
    a suicide.

    In June 2013, in a positive move, parliament amended the law on
    alternative military service to remove military supervision from
    alternative labor service and reduce it from 42 to 36 months. However,
    local activists voiced concerns about the amendments, including the
    Defense Ministry's continued decisive role in application decisions,
    vague eligibility requirements, and length of service, which would
    still be longer than regular military service. By the end of 2013,
    33 Jehovah's Witnesses who had been convicted and held for refusing
    to perform alternative service were released but were still required
    to perform alternative service.

    Sexual Orientation and Gender Identity

    Lesbian, gay, bisexual, and transgender (LGBT) rights activists in
    Armenia have expressed concern for the alarming level of homophobia
    in the country. According to PINK Armenia, a local rights group,
    transgender women who engage in sex work are frequently assaulted and
    receive no police protection when they report abuse. PINK Armenia
    also reported that the LGBT population continues to experience
    discrimination in employment, obstacles to accessing health care,
    and physical and psychological abuse in the army, in public, and from
    their families.

    According to an August 2013 Amnesty International report, government
    officials frequently condone violent attacks against LGBT people,
    characterizing the violence as an expression of "traditional values."

    In July 2013, the Armenian police proposed to amend the code of
    administrative offenses to establish a fine of up to US$4,000 for
    promoting "nontraditional sexual relationships." The proposal was
    subsequently withdrawn.

    Also in July 2013, a Yerevan court convicted two people for damage to
    property stemming from a bomb attack in May 2012 against DIY, a bar
    frequented by LGBT and women's rights activists. The two perpetrators
    wrote graffiti ???where???, which indicated that GBT people were
    the intended targets of the attack. One attacker was sentenced to 19
    months in prison and the other received a two-year suspended sentence.

    They were both amnestied in October. Local human rights groups
    expressed frustration that the sentence was too lenient.

    Palliative Care

    In 2010 Armenia also accepted several recommendations on enhancing
    and expanding access to and the affordability of health-care services.

    Human Rights Watch research documented Armenia's complicated and
    time-consuming prescription and procurement procedures for opioid
    medications obstructing the delivery of adequate palliative care,
    condemning most terminally ill patients to unnecessary suffering.

    Although morphine is a safe, effective, and inexpensive way to improve
    the lives of terminally ill people, Armenia's current consumption
    levels of morphine and alternative strong opioid medicines are
    insufficient to provide care to all terminally ill cancer patients,
    leaving many without adequate pain relief during the last stages of
    their illness.

    Recommendations

    Ensure full implementation of all OSCE/ODIHR election monitoring
    report recommendations:

    Implement effective measures to eradicate any improper use of
    administrative resources in future elections; Ensure an equal playing
    field for all contestants, the free expression of the will of the
    voters, and the integrity of electoral process.

    Ensure that there are no impediments to freedom of assembly and
    association:

    Promptly, thoroughly and effectively investigate all incidents of use
    of force by law enforcement officers, and attacks against peaceful
    protesters by unidentified assailants.

    Promptly and effectively investigate the threats against the Women's
    Resource Center and ensure the safety of its staff.

    Ensure freedom of expression and media pluralism:

    Review the licensing process to allow greater media diversity; Fully
    implement the European Court decision on A1+ television station and
    allow it back on air; Ensure thorough and effective investigations
    into attacks and threats against journalists; such investigations
    should be capable of identifying and prosecuting the perpetrators.

    Thoroughly investigate all allegations of torture and ill-treatment
    of detainees and hold perpetrators accountable:

    Make a statement at the highest level condemning torture and
    ill-treatment; Ensure that the definition of torture in domestic
    legislation is fully in line with international standards.

    Promptly, thoroughly, effectively, and transparently investigate all
    cases of noncombat deaths and ill-treatment in the army, and hold
    perpetrators accountable:

    Ensure that conscientious objectors are provided with a genuine
    alternative to military service, which is not discriminatory.

    Uphold the government's international obligations on non-discrimination
    on grounds of sexual orientation and gender identity, whether in a
    public or private sectors:

    Thoroughly and effectively investigate all attacks and threats against
    individuals on the grounds of sexual orientation and gender identity.

    Take immediate steps to ensure an effective supply and distribution
    system of strong pain medications:

    Reform excessively onerous drug control regulations that interfere
    with opioids availability.

    http://www.hrw.org/news/2014/06/17/universal-periordic-review-human-rights-watch-submission-armenia

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