Instead of Fixing the Eyebrow, They're Removing the Eye: Marukyan

The leader of the 'Enlightened Armenia' faction in the National Assembly, Edmond Marukyan, addressed the legislative changes initiated by the government in a post on his Facebook page, which specifically proposes to include restrictions applied during the state of emergency in the form of amendments. Marukyan particularly highlights the fact that under this draft, citizens' personal data (including information related to medical confidentiality, travel, and contacts) once again becomes accessible to several state and local self-government bodies at once.

Marukyan's post reads: 'Instead of fixing the eyebrow, they're removing the eye... As many of you know, the government has initiated a substantial package of legislative changes with the aim of not extending the state of emergency. In particular, it is proposed to include the restrictions imposed during the state of emergency in the form of amendments in other laws. From the analysis of the package, it can be inferred that the term of the state of emergency will no longer be extended; instead, a quarantine will be declared, the political consequences of which on the international stage are unpredictable, as the message once again speaks about the severity of the situation in the country.

The quarantine term could last up to 6 months (and if extended, the term remains the same), which primarily severely restricts the parliamentary control over the restrictions imposed. Simultaneously, imposing such a long quarantine period will have a significantly negative and oppressive impact on the population's perception of the seriousness of the situation, as well as on life planning.

According to the draft, citizens' personal data (including information regarding medical confidentiality, travel, and contacts) once again becomes accessible to several state and local self-government bodies simultaneously. The self-isolation procedure is proposed to be established not by law but by a sub-legislative act, which is absolutely unacceptable from the perspective of human rights protection, as the self-isolation regime implies the restriction of several fundamental rights of an individual at once.

We consider the provisions related to ensuring compliance with international health (sanitary-epidemiological) regulations within the territory of the Republic of Armenia to be absolutely unacceptable and unconstitutional. No international document, prior to its proper signing/ratification by the Republic of Armenia, can be imposed and applied within the territory of the Republic of Armenia. Moreover, the fact that the WHO published conflicting guidelines during the new coronavirus pandemic is particularly indicative in this context.

Public events may be dispersed by the police using special means, which, according to the law, are included in the police's armament and are technical means provided for in this law (devices, equipment, items, materials) or service dogs whose main purpose is to exert direct physical influence on individuals or direct physical influence on psychological or material objects.

The provisions regarding inspections planned at the locations of private individuals' activities and elsewhere are also alarming, especially concerning the composition and number of entities entitled to participate in such inspections. The law gives a possibility to restrict a citizen's right to access information regarding emergency situations. It allows for the government to limit private individuals' right to receive compensation in case their property or other means are used during an emergency, which, of course, contradicts constitutional regulations regarding the protection of property rights and cannot be justified in any way.

The Administrative Violations Code is supplemented by 11 new types of fines, and the Criminal Code by one new crime. A shortened (10-day) term for challenging the legality of measures taken during a quarantine is provided for. In other words, once again, as the saying goes, instead of fixing the eyebrow, they're removing the eye...'.