Human Rights Defenders Propose Establishment of Temporary Ethics Committee in Parliament Regarding Andranik Kocharyan

The co-founder of the public organization "Legal Path," lawyer Siranush Sahakyan, lawyer Lusine Sahakyan, and member of the "Alternative Projects" group, lawyer Elinar Vardanyan, have addressed a letter to the three factions represented in the National Assembly of the Republic of Armenia, requesting the establishment of a temporary Ethics Committee in Parliament. The request is based on a statement made by MP Andranik Kocharyan on October 2 that allegedly violates ethical norms.

“On October 2, 2019, during an interview with 1in.am, MP Andranik Grigori Kocharyan (013) of the National Assembly faction "My Step" commented on criticism directed at him by former Minister of Justice Arpine Hovhannisyan, stating: 'The lady has at some point served as the Minister of Justice of our country. She should speak with facts and could conditionally mention her mother, her unknown father, and others...' (the emphasis is ours) (link: https://youtu.be/qG_Mwk3KlbM (7:25-7:33)).

In other words, Mr. A. Kocharyan has made a factual (as opposed to evaluative) public statement regarding the fact that Arpine Hovhannisyan's 'father is unknown' in a context that is not relevant.

The day following this statement, on October 3, while clarifying his remarks to the media, A. Kocharyan stated that he does not intend to apologize to Arpine Hovhannisyan and expressed willingness to meet with Hovhannisyan's father if he wishes to provide clarifications (link: https://youtu.be/SPv8Gt3xEMI (2:58-3:11)). However, even if we assume that on October 2 Mr. Kocharyan was unaware that Hovhannisyan's father had passed away long ago, he certainly had every reasonable opportunity to find out about this prior to his public clarifications on October 3.

According to Article 4(1)(4) of the "Rules of Procedure of the National Assembly," a deputy is obligated to adhere to the rules of parliamentary ethics. As per Article 3(2) of the law on "Guarantees for the Activity of Deputies of the National Assembly of the Republic of Armenia": 'The rules of parliamentary ethics are... 2) to respect the moral norms of society; ... 6) to contribute to the formation of trust and respect for the National Assembly through their activities; 7) to demonstrate behavior befitting a deputy everywhere and in any activity; 8) to show respectful attitudes towards political opponents ...'.

A. Kocharyan's statements above violate the provisions of Articles 2(2), 6, 7, and 8 of the aforementioned law concerning parliamentary ethics by failing to respect the moral norms of society, contributing to the formation of trust and respect for the National Assembly, demonstrating behavior befitting a parliament member, and showing respecting attitudes towards political opponents, based on the following arguments: 1) A. Kocharyan's statement was personal and referred specifically to Arpine Hovhannisyan. 2) Although Hovhannisyan, as a public figure, should have a reasonable expectation of being subjected to public criticism, that criticism has limits and should not grossly violate the balance of lawful interests enshrined in the Constitution (on one hand, freedom of speech; on the other hand, personal dignity, confidentiality of personal and family life). A. Kocharyan's words grossly violate that balance since (a) they neither directly nor indirectly pertain to Hovhannisyan's previous role as an official nor her current role as the president of a human rights organization; (b) they referred to a domain that clearly falls within the private and family life that should be kept confidential; (c) they concerned a matter that clearly lies outside Hovhannisyan's will; (d) they directly pertained to a person, Hovhannisyan's father, who has never been a public figure; (e) even though A. Kocharyan's expression was a rebuttal to Hovhannisyan's criticism, her criticism did not at all reflect the aforementioned characteristics described in points (a)-(d), which is why A. Kocharyan's remarks were an evidently disproportionate response to the criticism directed at him. 3) A. Kocharyan is not only a deputy but also heads an important permanent committee, the Permanent Committee on Defense and Security of the National Assembly. 4) A. Kocharyan had the full opportunity to attempt to smooth the situation by apologizing but instead, the day following the statement, he essentially invites clarification regarding a long-deceased individual. 5) A. Kocharyan's statement has been widely criticized by many public figures, which further justifies that the statement falls outside the moral norms of society.

Considering the above arguments, we request that you exercise the right stipulated in Article 16(2) of the Rules of Procedure of the National Assembly and submit a draft decision to establish a temporary Ethics Committee regarding this matter on behalf of your faction in the National Assembly,” the human rights defenders' letter reads.