I Hope Pashinyan Will Take Note of Our International Partners' Appeals: Tovmazyan

The Chair of the National Assembly’s Standing Committee on Human Rights Protection and Public Affairs, Taguhi Tovmazyan, writes:

“The head of the EU Delegation to Armenia, ambassadors from EU member states, and the head of the Council of Europe’s Directorate of Human Rights and Rule of Law have responded to my urgent letters.

After circulating proposals to recall opposition figure Ishkhan Saghatelyan from his position and to terminate Vahé Hakobyan's powers, I urgently reached out to the head of the EU Delegation in Armenia, Ambassador Andrea Victorin, and the ambassadors of EU member states, as well as Christos Giakoumopoulos, head of the Council of Europe’s Directorate of Human Rights and Rule of Law.

In my correspondence, I noted that the justifications for these proposals clearly indicate that the ruling faction is taking such initiatives in response to the parliamentary work boycott by opposition lawmakers (their non-participation in votes, absences from the sessions of the National Assembly Council and standing committees), as well as the opinions expressed during demonstrations and marches. Regarding the boycott, I stated that according to the European Court's position, a boycott is a form of expressing dissent and is protected by Article 10 of the Convention. Particularly, parliamentary boycotts are widely found in all democratic states.

As for the opinions expressed and calls made by the opposition during protests and marches, they are also protected under Article 10 of the European Convention on Human Rights (freedom of expression). If government lawmakers believe these contain violations of criminal law, they should be assessed legally; if not, they are fully protected by both domestic and international norms regarding freedom of expression, and thus no punitive actions should be taken against the lawmakers.

I urged my colleagues to publicly address this unacceptable conduct by the ruling faction, which is highly problematic from a human rights perspective and counter to democratic principles.

In response, Ambassador Andrea Victorin and the ambassadors of EU member states stated that the EU and its member states attach great importance to the freedoms of expression and assembly. They also noted, however, that every state has the right to establish rules and disciplinary procedures for its officials and parliamentarians regarding their responsibilities and accountability.

Citing the requirements of Article 98, Part 2 of the RA Constitution (the powers of a deputy are terminated in cases of unjustified absence from at least half of the votes during any calendar semester, as well as violations of the requirements of Article 95 of the Constitution), they mentioned that the EU delegation and member states cannot judge whether the decision made on July 1 is in accordance with the Constitution and that this is a matter for the relevant Armenian authorities.

The EU delegation and its member states are committed to supporting human rights and continue to closely monitor the situation in Armenia.

Meanwhile, Christos Giakoumopoulos, head of the Council of Europe’s Directorate of Human Rights and Rule of Law, stated in response: “We are carefully monitoring the events related to the opposition's protests in Yerevan. As established by the Venice Commission (on the parameters of relations between the parliamentary majority and opposition in a democratic context), political actions can be realized in various directions, and participation in sessions is not the sole form of such actions. Hence, parliamentary boycotts can be seen as a form of action by elected representatives.”

Mr. Giakoumopoulos emphasized the Venice Commission's position, stating that “it would be understandable if the Constitution established attendance rules and specified penalties for absent members, ranging from partial or complete forfeiture of remuneration to deprivation of voting rights, but without implying loss of mandate.” Regarding the organized and prolonged boycott of Parliament’s work by the opposition, he asserted that it cannot be entirely excluded as a legitimate form of political behavior, but it is only acceptable in rare and very extreme circumstances when the legitimacy of Parliament is undermined by the actions of the majority. Disagreements regarding current policies, even the most significant ones, cannot justify a boycott.

Rest assured that both I and the relevant divisions of the Council of Europe continue to monitor the situation in Armenia,” assured Christos Giakoumopoulos, head of the Council of Europe’s Directorate of Human Rights and Rule of Law.

I hope that Nikol Pashinyan's government will take note of our international partners' appeals and cease its retaliatory actions against opposition members. Otherwise, it must be noted that Pashinyan's administration is trampling on democratic values.”