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STATEMENT

21 April 2018 16:48

The Armenian Lawyers’ Association condemns the behavior of the RA Police, in particular, the process of termination of assemblies, detaining and keeping the participants are accompanied with a number of violations that have been recorded in numerous videos։

  • the police carry out inadequate measures causing damage to the health of the participants of assembly and destroying or damaging the property of the participants, such as cars, cameras,
  • the police uses special tool – rubber batons and attention distortion lighting and voice devices, during the termination of peaceful and unarmed assemblies and public events, as well as against obvious juvenile persons,
  • the police uses public transport to detain individuals,
  • the administrative arrest of detainees lasts more than 3 hours,
  • a number of police officers do not wear uniforms,
  • the police hinders the professional activities of advocates and journalists,
  • demonstrates a complete disability when there is considerable pressure on peaceful demonstrators (psychological), as well as physical violence and destruction of property by persons who have no power to maintain public order, including those who provide their security.

As a result, the following breaches take place:

  • Article 8 of the RA Law on “Principles of Administration and Administrative Proceedings”, which defines that the measures directed administration shall be useful, necessary and moderate.
  • Article 31 of the RA Law on Police prohibits the use of special means during the termination of peaceful and unarmed assembliesand public events , as well as employ special means towards pregnant women, obviously cripples and minors,
  • Article 262 of the RA Code on Administrative Violations, ie the administrative arrest ofa person who committed an administrative offense may last no more than three hours.
  • Article 12 of the RA Law on Police and Article 22 of the RA Government Resolution N 151 of 11.01.2007 “On Approving the Police Patrol Service Code under the Government of the Republic of Armenia”, according to which police officers are obligated to provide public order protection designated uniform, on which visible signs are attached for the identification of the police officer personally.
  • Paragraph 110 of the mentioned Code indicating thatpatrols must comply with the safety rules when putting the offenders in the car, which will exclude harming the person who resists against the forced taking into the car.
  • Paragraph 128 of the Code prohibitsthe use of public transport for the transportation of the detained persons.
  • Article 10 § 4 of the Police Disciplinary Code, which states that the police officer mustknow and respect human rights and freedoms, display restraint , civilized , respectful and respectful attitude to citizens.
  • “Article 4 of the RA Law on Mass Media prohibits the obstruction of professional journalistic activities.
  • Article 21m Part 4, of the RA Law on Advocacy, according to which the lawyer cannot beprosecuted, called to responsibility, detained or arrested, or subjected to any other limitation of rights in connection with his professional duties .

The position of the European Court of Human Rights on this issue should also be noted:

  • Makhmudarov v. Russia,neither the hypothetical risk of public disorder, nor the hostile attitude of the mob can be a legal basis for the prohibition of peaceful assemblies.
  • “Ezeline v. France”,limitations for possible accidents and minor offenses may be disproportionate. Only after possible disclosure or imprisonment is a possible investigation or arrest of a person until the limitations of the infringement are again considered as disproportionate.
  • “Ziliberberg v. Moldova”, a person may not be deprived of the right to peaceful assembly due to disorders committed by other participants of the rallies if he/she remains calm in such situation and does not commit violations.

Based on the above said, the Armenian Lawyers’ Association demands:

  • From the RA Authorities; to immediately release the detained participants of peaceful assembly, and to conduct an objective and transparent investigation of the violations by the police,
  • From the Human Rights Defender of the Republic of Armenia, to take effective mechanisms to protect the rights of peaceful protesters, as well as to release persons detained illegally.

Armenian Lawyers’ Association

21.04.2018, Yerevan