NGOs Condemn Obstruction of Media Activities by NSS Border Troops

On February 10, 2021, the National Security Service (NSS) Border Troops issued a statement indicating that journalists must obtain permission from the national security agencies to operate in unspecified areas of the Syunik region. However, according to credible claims from journalists working on the ground, these restrictions have been enforced days before the announcement was made.

In response, several civil society organizations have issued a statement, noting that: “First and foremost, it is necessary to establish that the demand by the NSS Border Troops is unlawful. The laws of Armenia (including the 'Law on the State Border') do not contemplate restrictions on journalists' activities in border communities. Moreover, the provisions of the government's decision from September 27 regarding the declaration of martial law that imposed restrictions on journalists' rights (freedom of speech) were suspended by the Constitutional Court on November 20 and subsequently invalidated by a decision of the National Assembly on December 2.

At the same time, Articles 42 and 51 of the Constitution of the Republic of Armenia guarantee the freedom of expression and the right to obtain information, stipulating that rights may only be limited by law for the purposes enumerated in the Constitution. The same is set forth in Article 10 of the Convention on Human Rights and Fundamental Freedoms. Thus, the professional activities of journalists in the territory of the Republic of Armenia are legal without NSS permission, and their obstruction is prohibited both by Article 4(3) of the 'Law on Mass Media' and Article 164 of the Criminal Code.

Due to the declared state of martial law in Armenia, restrictions on journalists' activities can only be imposed by the government and the National Assembly, and never by the National Security Service. The undersigned civil organizations strictly condemn the obstruction of journalists' legal activities by the NSS Border Troops. We consider this not only a criminally prohibited act but also contrary to the minimum standards of a democratic and rule-of-law state. The assumption of functions reserved for the legislative body by the national security agencies contradicts the principles of the constitutional order enshrined in the fundamental law, as it not only violates the rights guaranteed by Articles 42 and 51 but also undermines the principles of separation of powers, hierarchical norms of law, and legality defined by Articles 4, 5, and 6.

We believe that this “chekist” censorship approach cannot be effective from the perspective of national security (see the 2020 adopted national security strategy of Armenia) and generally leads to an increase in public distrust towards state institutions and creates fertile ground for misinformation and panic.

The undersigned civil organizations call on the NSS Border Troops to immediately cease illegal, unconstitutional actions that contravene international human rights obligations and, at the same time, harm national security by obstructing journalists' activities. We urge the National Assembly to establish proper parliamentary oversight over the NSS, requiring it to respect the foundations of the constitutional order. Moreover, we believe that the regulation of journalists’ activities for the purpose of ensuring the security of the state border and border areas, along with certain limitations, can be carried out by the National Assembly through necessary amendments to the 'Law on the State Border' to meet the security needs of a democratic state.