The
results of the online discussion on “The freedom of assembly in the condition
of the State of Emergency declared due to the novel coronavirus (COVID-19)
pandemic” organized on July 31 within collaboration of the Human Rights
Defender and NGOs were summarized and sent to the Commandant’s Office.
During the discussion, the Human Rights Defender of Armenia Mr. Arman Tatoyan noted that,
during the State of Emergency, the legal obligation of the state increases
as every restriction should have a legitimate aim, be necessary, and
proportionate to a specific situation: in this case, the restrictions should
contribute to the coronavirus prevention.
The justifications of human rights restrictions should not have
the same scope as in the initial period of the State of Emergency. In other
words, the legal obligation of the state to
justify human rights restrictions increases as long as the State of Emergency
extends.
Mr. Arman Tatoyan informed that “despite that it is consistently
mentioned that the prohibition of the freedom of assembly is provided under the
Commandant’s decision, it is in fact provided under a Government decision. Our
visits to the Police show that in every case, the participants of
demonstrations are removed from the location of demonstrations by being
subjected to administrative detention for the offence of “failure to obey the
lawful order of a police officer”. In its turn, current legislation results in
legal difficulties for the Police. It appears that due to imprecise regulation,
the Police became the “legal victim” in the absence of legal guidelines for
precise activities”.
The results of the monitoring of the Human
Rights Defender’s Office have shown that despite the absolute prohibition of
demonstrations, in practice the Police in a number of cases removes the
participants of demonstrations from the location of demonstrations, while in
other cases it does not act in that manner.
The Chairman of the Helsinki Committee of
Armenia Mr. Avetik Ishkhanyan, the Program Director of the Union of Informed
Citizens Mr. Daniel Ioannisian, human rights defender Ms. Zara Hovhannisyan,
co-founder of Path of Law NGO Mr. Ruben Melikyan, the Executive Director of the
Foundation Against Violation of Law NGO, the first Human Rights Defender Ms.
Larisa Alaverdyan, President of Yerevan Press Club Mr. Boris Navasardian, the Director
of Civil Society Institute Armenia NGO Mr. Artak Kirakosyan, the Executive
Director of Unison NGO Mr. Armen Alaverdyan, the Project Officer at Agate Rights Defense Center For Women With
Disabilities NGO Ms. Gayane Grigoryan and representatives of Eurasia
Partnership Foundation Ms. Tatevik Gharibyan and Mr. Nikolay Hovhannisyan took
part in the discussion.
The participants of the discussion
highlighted the importance of carrying out effective activities in preventing
novel coronavirus (COVID-19) pandemic, but also noted that, at the same time,
the restriction on the freedom of assembly should not be absolute. In addition,
practice shows that it is impossible to ensure the absolute prohibition of the
freedom of assembly, and this results in an unjustified differentiation, thus
causing difficulties both for the people and the Police.
The recommendations were sent both to the
Commandant’s Office and to the Ministry of Justice.
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