Complaints
have been addressed to the Human Rights Defender Mr. Arman Tatoyan by
journalists accredited in the National Assembly of Armenia, as well as from
journalistic organizations, regarding the restrictions on the professional
activities of the journalists in the National Assembly as of August 2.
The
Human Rights Defender has initiated studies as of August 2.
Discussions
have taken place between the Human Rights Defender and the Speaker of the
National Assembly, as well between the Staff of both institutions. The issues
were also discussed with the journalists accredited in the National Assembly,
and international standards and experience was studied.
The
August 3 statement of journalistic NGOs, as well as the August 4 discussion
between the Speaker of the National Assembly and journalists were considered as
important positive facts.
It
was revealed that the restrictions on the journalists were part of the security
rules implemented in the territory and building of the National Assembly. It
was also revealed that discussions with journalists or journalistic
organizations did not take place prior to the approval of the security rules.
Accordingly,
the position of the Human Rights Defender regarding the restrictions on the
professional work of the journalists as of August 2 is the following:
1.The
essence of the complaints and the alarming-calls is that as of August 2, the
journalists and the cameramen are prohibited from entering the new building of
the National Assembly, from approaching the offices of the deputies and the
parliamentary factions, and from conducting interviews in the corridors and
their lobbies.
The
staff of the security service of the National Assembly are prohibiting
journalists from shooting videos and photos in the areas where they are located
and are performing their duties. They are not providing reasons for prohibiting
the movement of the journalists in these specific areas of the building of the
National Assembly.
2.According
to the security rules in place, there should be a specific control zone, where
it will be prohibited for the accredited journalists to conduct their
professional work.
Moreover,
the specific control zones include the sitting hall of the National Assembly,
the office and the reception room of the Speaker, and other halls where
entrance is allowed only after an examination with appropriate devices.
The
issue is in the fact that there is not act or detailed information about the
halls and areas where the journalistic work is prohibited.
3. In
fact, all state bodies, including the National Assembly are obliged to be
guided by the presumption of the honesty, legitimacy, and integrity of the
accredited journalists in the National Assembly.
The
free and unhindered professional work of the journalists is the guarantee of
one of the cornerstones of democracy of the country, and that is freedom of
speech. It is the guarantee of oversight of the work of the state bodies and
public servants.
4. Each state body and official should be
informed that ensuring the unhindered work of the journalist, giving interviews
and explanations is their obligation, and not a mere gesture to the journalist.
In the case of the deputies, it is also an obligation towards the citizens of
Armenia.
To receive information about the activities of
state bodies and public servants is a human right guaranteed by the
Constitution. This right is primarily guaranteed by the journalists.
5. Any
state body or public servant should know that the thought that the journalists
hinder their activities is just a stereotype.
Working
with journalists and media outlets with the correct principles only increases
the effectiveness of the concerned state body or public servant, and the
positive public perception of their work.
6. Any
change restricting the free work of the journalists in the territory of the
National Assembly and its building should be discussed with the accredited
journalists working there, before those changes enter into force.
The
opinion of the journalistic organizations and experts should also be taken into
consideration.
7.
The security of the National Assembly is of fundamental importance, but
restrictions on the work of journalists should not be "hidden" behind
the security rules.
Therefore,
it is unacceptable to base the restrictions on the work of journalists on, for
example, the prevention of terrorist acts or other serious crimes.
It
must be taken into consideration that we are talking about accredited
journalists in the National Assembly and when entering the National Assembly,
they are already inspected by the security service of the National Assembly,
including with appropriate devices, and the application of additional
restrictions on them on the grounds of security is unacceptable.
The
peculiarities of the work of journalists should be based exclusively on the
requirement of the normal organization of work in the National Assembly, but
they should not lead to obstacles to the work of journalists.
8.The
work of the journalists in the corridors or lobbies of the National Assembly is
not self-serving.
The
Journalist should not be deprived from receiving “first-hand" or
"extremely important" information, including the right to ask
questions, conduct interviews or receive comments on site.
The
journalist should not be deprived of the opportunity to receive that
information in person and on site, for example working in the corridors.
These
rules are directly derived from international law (Mándli and others v.
Hungary), judgment of the European Court of Human Rights of 12 October 2020, complaint
no. 63164/16, positions of the Council of Europe Commissioner for Human Rights,
etc.).
Therefore,
the suggestion that the work of journalists should be limited to a few
specially designated areas and that it should not be possible for them to enter
the National Assembly building or a part of it is unacceptable
The
justification that the journalist is free to agree with the deputy, for
example, to conduct an interview in the National Assembly yard, is
unacceptable.
In
this way, the journalist is deprived of his rights, and the restriction becomes
an obstacle.
The
journalist should be able to use the opportunity to publish information at a
particular moment, including taking into consideration that the journalist
should not miss the opportunity to publish exclusive information.
This
also derives directly from the citizens’ right to receive "extremely
important" information immediately guaranteed by the Constitution
This
should be taken into consideration by all the deputies, both in the ruling and
opposition factions.
9. The
situations when certain deputies refuse to give interviews or make comments,
allowing demonstrative insults to the journalist is absolutely unacceptable; It
is also unacceptable when the deputies know exactly which agencies the journalist
represents, but demonstratively ask the journalist in the presence of other
journalists, realizing that in this way they are targeting the
journalist more, and they are contributing to the generation of insulting and
hate speech against that specific journalist or media outlet.
10.
In relation to the restrictions applied in the National Assembly as of August
2, it is very problematic that servicemen in military uniform are involved in
monitoring those restrictions; the servicemen do not present to the journalists
any reason for the restrictions.
Moreover,
the assertion that journalists should exclude videotaping or photographing them
is unacceptable, and to influence their work by prohibiting their entrance to
the National Assembly.
A
clear example is the banning of a photographer of "Panorama.am" media
outlet from entering the National Assembly today on August 5. According to the
official published letter addressed to the journalist, such a decision was made
by the Deputy Chief of Staff of the National Assembly.
This
letter is especially problematic in the sense that there is no proper legal
basis for interfering in the work of the journalist, the letter does not
contain justifications for a specific case or facts, and the legal title of the
said official raises serious doubts.
Therefore,
the staff of the National Assembly should rationalize with high standard
justifications why it is not allowed to take photos or videos of security
servicemen, how can a journalist (especially a photojournalist or cameraman)
prevent this from happening, given that security servicemen are stationed in
all the corridors of the National Assembly building and to carry out
professional work is objectively impossible without it.
11. In
any case, the work of journalists in the National Assembly should not be
compared with the work of a journalist in the building of the Government or the
building of another body of executive power and the rules of work of a
journalist, including restrictions, should be envisaged accordingly.
In
the case of the National Assembly, we are talking about the deputies of the
Parliament, elected by the direct vote of the citizens. It is here, right in
the Parliament building, that opinions collide, and public discourse and debate
are formulated. The parliament is the main guarantor of the country's
democratic system.
Moreover,
the officials of the executive branch, who, for example, have come to the
National Assembly to discuss a draft bill, should keep in mind that when
dealing with journalists, they are deprived of the "protection" they
have while working in their respective administrative buildings.
12.
In addition to the above-mentioned, journalists themselves must ensure the
conduct of professional work in accordance with the principles of responsible
journalism, including during their work in the Parliament. This makes the
journalist invulnerable, and enables them to defend their rights more
effectively.
13. Therefore,
restrictions on the work of journalists "under the auspices" of
security rules and to ensure that the journalists comply with these
restrictions, the deployment of security servicemen should be abolished.
Instead,
it is necessary to establish rules, which will fix the peculiarities of the
work of journalists in the territory of the National Assembly and its building,
the rules of conduct of journalists, as well as the responsibilities of
deputies and other officials towards journalists.
All
this should be established by a proper legal act, after discussion with
journalists, primarily with those accredited to work in the National Assembly.
Mr.
Arman Tatoyan
The
Human Rights Defender of Armenia
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