Restriction of Freedom of Assembly during State of Emergency Cannot Be Absolute: Human Rights Defender

On July 31, an online discussion titled "Freedom of Assembly in the Context of the State of Emergency Declared Due to the New Coronavirus (COVID-19) Pandemic" was organized by the Human Rights Defender and a number of civil society organizations. This was reported by the Human Rights Defender's Office of Armenia.

In his opening remarks, Human Rights Defender Arman Tatoyan stated that during a state of emergency, the legal burden on the state is greater, as any restriction must be necessary, legitimate, and proportionate to the specific situation, in this case, serving the purpose of preventing the coronavirus.

The justifications for restrictions on rights can no longer be of the same scope as at the initial stage of declaring a state of emergency. In other words, as the state of emergency prolongs, the legal obligation of the state to justify the restrictions on human rights increases.

The ban on freedom of assembly is enshrined in a government decision, although it is constantly mentioned that it is based on the decree of the Commandant. Our visits to the Police show that in each case participants of assemblies are removed from the assembly area, subjecting them to administrative detention for "failure to comply with a legal order of a police officer". The existing legislative regulations, in turn, create legal difficulties for the Police. Due to the lack of clear legal regulations, the Police seems to have become a legal victim of the legislative norms of these days, lacking clear legal guidelines for their actions,” stated Arman Tatoyan.

The results of the monitoring carried out by the Human Rights Defender's Office showed that despite the absolute ban on assembly, the Police have practically removed participants from assembly sites in several cases, while in other cases, they have not.

The discussion included participation from Avetik Ishkhanyan, President of the Helsinki Committee of Armenia, Daniel Ioannisyan, Head of the “Informed Citizen’s Union” NGO, human rights defender Zara Hovhannisyan, Ruben Melikyan, co-founder of the “Legal Path” NGO, Larisa Alaverdyan, Executive Director of the “Against Legal Arbitrariness” NGO, Armenia’s first Human Rights Defender, Boris Navasardyan, President of the Yerevan Press Club, Artak Kirakosyan, President of the “Civil Society Institute” NGO, Armen Alaverdyan, Executive Director of the “Unison” NGO, Gayane Grigoryan, Head of Programs of the “Agat” NGO, and Tatevik Garibyan, a representative of the Eurasia Foundation, as well as Nikolay Hovhannisyan. Also present were Sergey Ghazinyan, advisor to the Human Rights Defender, and Nina Pirumyan, head of the Research and Educational Center.

Participants emphasized the importance of implementing effective actions for the prevention of the new coronavirus, but noted that on the other hand, the restriction of freedom of assembly should not be absolute. Moreover, practice shows that ensuring an absolute ban on assemblies is unfeasible and creates unjustified differentiated situations, complicating matters for both individuals and the Police.

There was an agreement among the participants to finalize the proposals and send them to the relevant state authorities.