The Inaction of the National Assembly in Addressing the Gross Human Rights Violation

Back on November 1 of 2019, the advocates of the Protection of Rights without Borders NGO filed an application to the President of the RA National Assembly, to all the fractions, to the RA National Assembly Standing Committee on Protection of Human Rights and Public Affairs, to the RA National Assembly Standing Committee on State and Legal Affairs recommending to organize parliamentary hearing on the gross human rights violations which took place in the Republic of Armenia on June 23 of 2015, July 17-30 2016 and April 16-23 of 2018 respectively and to provide possible effective protection measures to the citizens, whose rights were violated during the above mentioned events.

Both before and after the Velvet Revolution of 2018, the issue related to violations of the fundamental rights were raised in all domestic and international platforms by the employees of the Organization and by which the possible mechanisms for restoring the violated rights were demanded.

The applying to the National Assembly and recommendation to conduct parliamentary hearings on the violations taking place during the peaceful assemblies pursued an objective to make the issue of gross human rights violations during many years and its policy a matter of discussion, as well as address the bodies involved in the carrying out investigation, including RA Police, investigative bodies, courts.

Nevertheless, no measure in regard to the activities recommended by the application addressed to the relevant bodies of the National Assembly was carried and the Standing Committee on State and Legal Affairs replied to the application my mentioning that the Committee accepted the application.

By the RA Constitution and the RA Constitutional Law “On Rules of Procedure of the National Assembly”, the RA National Assembly is vested with the authority to organize parliamentary hearing on the topics of public concern, among other issues. This is an additional possibility to make an issues of public interest be heard and detect the measures of more efficient protection.

Moreover, the RA National Assembly with its functions and status carries a special role both separately and in the context of the relations with other state bodies. Therefore, in case of the issue presented by the application may become a matter of discussion in the RA National Assembly, the latter would have become a matter of discussion by the law enforcement bodies in terms of finding an objective solution.

The lawyers of the Organization raised this issue, that the body in charge of carrying out the proceeding by the  above mentioned cases have not conducted an efficient examination and in this regard the solutions of these problems are expected to get from political bodies.

Nevertheless, the issue of the gross human rights violations has received neither legal, nor political evaluation, no reconciliation was initiated with the victims, the implementation of human rights obligations have not been ensured and no compensation has been provided.

By the above mentioned case in scope of each above mentioned instituted criminal case, the body in charge of conducting the preliminary investigation has made a decision to discontinue the cases.

The activities of the body in charge of conducing the proceeding were appealed by the advocates of the Organization in superior, then in judicial order respectively.

On January 31 of 2020, the advocates of the Organization filed an application to the RA Administrative Court against the RA National Assembly presented by Ararat Mirzoyan, the President of the National Assembly, with the demand to initiate parliamentary hearing on the gross human rights violations which took place in the Republic of Armenia in 2015, 2016 and 2018 respectively and to provide possible effective protection measures to the citizens, whose rights were violated during the above mentioned events.

RA Administrative Court rejected the acceptance of the appeal, considering that the President of the RA National Assembly is not an administrative body and the initiation of parliamentary hearing by the President of the RA National Assembly is not an administration.

The decision of the RA Administrative Court was appeal to the RA Court of Cassation, but the latter rejected the presented appeal by remaining the decision of the RA Administrative Court unchanged.

On April 20 of 2020, an appeal by the employees of the Organization was filed to the RA Court of Cassation.