Tweet
ECTHR RULES: ARMENIA VIOLATED NGO'S RIGHT TO ASSEMBLY
04.01.2015 18:55 epress.am
The Republic of Armenia has violated Article 11 (freedom of assembly
and association) and Article 13 (right to an effective remedy) of the
European Convention on Human Rights, placing a ban on the Helsinki
Committee of Armenia NGO holding a peaceful march and a candlelight
vigil in memory of Levon Gulyan, a witness in a murder investigation
who died in May 2007, while in police custody, ruled the European
Court of Human Rights on Sunday, March 31, in the case of "Helsinki
Committee of Armenia v. Armenia."
Recall, that according to the official version, Gulyan died in an
attempt to escape by jumping out of a second-floor window of the
police station. However, Armenian human rights groups claim that the
man was subjected to torture and ill-treatment by police.
On 6 May 2008 the Helsinki Committee of Armenia NGO notified the
Mayor of Yerevan of its intention to hold a commemoration march
on the first anniversary of Gulyan's death. The march was to take
place on 12 May from 8 p.m. to 9.30 p.m. It was to start at Republic
Square and continue through Nalbandyan Street in the direction of
the police station.
The Mayor banned the march for national security and public order
reasons following mass post-election rallies and protests and an
intense standoff between the authorities and the supporters of the
opposition, resulting in clashes and at least ten persons being
killed. The Mayor cited the Sections 9 § 4 (3) and 13 § 1 (3) of the
Assemblies, Rallies, Marches and Demonstrations Act, finding:
"According to the official opinion of the Police ... of 8 May 2008
..., the mass public event held on 1 March 2008 turned into mass
disorder resulting in human casualties and not all the circumstances
of the crime and offenders have been disclosed, and not all weapons
and ammunition used [at that event], whose circulation may pose danger
to the lives and health of citizens, have been found in the course of
the investigation into the criminal case instituted in connection with
that fact by the Special Investigative Service of Armenia[. H]ence,
it will be impossible to prevent new crimes, if the mass public event
[in question] is held."
The NGO, which had not received the letter informing them of the
Mayor's decision, tried to hold the march on 12 May 2008 as planned
but was prevented from doing so by the police. The Committee received
the letter informing them of the ban on 13 May 2008.
Relying on Article 11 (freedom of assembly and association) of the
Convention, the NGO complained about the ban on them holding their
mourning march. Further relying on Article 13 (right to an effective
remedy), the NGO also complained that any appeal against the decision
banning their march, received after the date of the planned event,
had not only been ineffective but meaningless.
Note that the European Court of Human Rights is also investigating
the circumstances of Gulyan's death. The RA Special Investigation
Service suspended the criminal investigation into the death, despite
the verdict of the Court of Cassation, binding to resume it.
http://www.epress.am/en/2015/04/01/ecthr-rules-armenia-violated-ngos-right-to-assembly.html
From: A. Papazian
04.01.2015 18:55 epress.am
The Republic of Armenia has violated Article 11 (freedom of assembly
and association) and Article 13 (right to an effective remedy) of the
European Convention on Human Rights, placing a ban on the Helsinki
Committee of Armenia NGO holding a peaceful march and a candlelight
vigil in memory of Levon Gulyan, a witness in a murder investigation
who died in May 2007, while in police custody, ruled the European
Court of Human Rights on Sunday, March 31, in the case of "Helsinki
Committee of Armenia v. Armenia."
Recall, that according to the official version, Gulyan died in an
attempt to escape by jumping out of a second-floor window of the
police station. However, Armenian human rights groups claim that the
man was subjected to torture and ill-treatment by police.
On 6 May 2008 the Helsinki Committee of Armenia NGO notified the
Mayor of Yerevan of its intention to hold a commemoration march
on the first anniversary of Gulyan's death. The march was to take
place on 12 May from 8 p.m. to 9.30 p.m. It was to start at Republic
Square and continue through Nalbandyan Street in the direction of
the police station.
The Mayor banned the march for national security and public order
reasons following mass post-election rallies and protests and an
intense standoff between the authorities and the supporters of the
opposition, resulting in clashes and at least ten persons being
killed. The Mayor cited the Sections 9 § 4 (3) and 13 § 1 (3) of the
Assemblies, Rallies, Marches and Demonstrations Act, finding:
"According to the official opinion of the Police ... of 8 May 2008
..., the mass public event held on 1 March 2008 turned into mass
disorder resulting in human casualties and not all the circumstances
of the crime and offenders have been disclosed, and not all weapons
and ammunition used [at that event], whose circulation may pose danger
to the lives and health of citizens, have been found in the course of
the investigation into the criminal case instituted in connection with
that fact by the Special Investigative Service of Armenia[. H]ence,
it will be impossible to prevent new crimes, if the mass public event
[in question] is held."
The NGO, which had not received the letter informing them of the
Mayor's decision, tried to hold the march on 12 May 2008 as planned
but was prevented from doing so by the police. The Committee received
the letter informing them of the ban on 13 May 2008.
Relying on Article 11 (freedom of assembly and association) of the
Convention, the NGO complained about the ban on them holding their
mourning march. Further relying on Article 13 (right to an effective
remedy), the NGO also complained that any appeal against the decision
banning their march, received after the date of the planned event,
had not only been ineffective but meaningless.
Note that the European Court of Human Rights is also investigating
the circumstances of Gulyan's death. The RA Special Investigation
Service suspended the criminal investigation into the death, despite
the verdict of the Court of Cassation, binding to resume it.
http://www.epress.am/en/2015/04/01/ecthr-rules-armenia-violated-ngos-right-to-assembly.html
From: A. Papazian