The Use of Physical Force by the Police Against Peaceful Protesters is Illegal

The use of physical force by the police against peaceful protesters is evidently disproportionate and illegal. This was stated by constitutional expert Gohar Meloyan on her Facebook page.

According to Article 29 of the Law on Police, a police officer is obliged to warn before using physical force, providing sufficient time for compliance with legal demands and cessation of the violation. This means that even if the actions of the youths, which included numerous volunteers from the front line, violated any legal requirements, the police were not authorized to use any force until: 1) the participants of the rally were provided with a warning, 2) sufficient time had been given to fulfill the police requirements.

If any of these actions were not carried out in advance, then all subsequent actions of the police are illegal.

Observing the actions of the police today, it was evident that the aforementioned requirements were not followed in any way. Furthermore, the actions taken by the police were also evidently disproportionate. According to Article 3 of the Law on Police, the exercise of coercive powers must be aimed at achieving goals pursued by the Constitution and laws, and the means of achieving those goals must be appropriate, necessary, and proportionate.

The element of proportionality implies that a particular action, including the use of force, cannot be carried out if the same objective can be achieved through a milder means. Applying this rule to the actions of the police today, it is clear that their actions were overtly disproportionate, as traffic could have been restored without such use of force.

Moreover, it is unacceptable that two and a half years ago, the police did not obstruct similar protest actions. Consequently, the police actions are directly directed by the political authorities of the country.

In summary, I would like to express my belief that there will be significant changes in police conduct in the coming days, and they will no longer commit the described gross violations and will act in accordance with the law. Those who kneel before Turkey cannot govern and instruct in the Republic of Armenia,” she wrote.

It should be noted that during a civil disobedience action demanding Prime Minister Nikol Pashinyan's resignation, police resorted to physical force against citizens, pushed them, and obstructed the work of journalists.