The Speech of Nina Hakobyan during the Parliamentary Hearings on the topic “Human Rights National Agenda: United Nations Universal Periodic Observations”

On April 5 of 2019, Nina Hakobyan, lawyer of the “Protection of Rights without Borders” NGO delivered a speech during the meeting on the topic “National Agenda of Human Rights: Universal Periodic Observations” at the National Assembly.

The full speech of Nina Hakobyan is presented below.

Within the scope of the United Nations Universal Periodic Observations of 2015, in the commitments undertaken by the member states, among other states Armenia was particularly recommended:

• To undertake measures to ensure the national mechanisms for the prevention of the torture, inhumane and ill treatment with the sufficient resources for efficient functioning.
• Ensure the access to the right to organizing peaceful assemblies for all individuals without groundless restr

Based on the outcomes of our consistent activities, we find, that the State has not taken sufficient measures to efficiently ensure carrying out the undertaken recommendation at least regarding the efficient investigation of torture and ill treatment cases, their further prevention, as well as the right to organizing of peaceful assemblies.

Particularly, gross human right violations took place during the protests against the increase of electricity fees on June 23 of 2015, demonstrations and marches during July 17-30 of 2016, as well as during the assemblies of April 13-23 of 2018, including illegal detainment by the police, subjecting the participants of the assemblies to inhumane and violent treatment, application of disproportionate force against the latter, not providing of procedural guarantees in the police stations.

Our Organization with the partner advocates and organizations carried out protection of the detained citizens during the gross violations.

The following gross human rights violations cases were recorded:

• people were detained without legal ground and were kept illegally more than 10-14 hours without food and water,
• the detainment grounds were not explained to the detainees,
• the detainees were not explained their tights and obligations,
• the detainees were deprived from the right of making an urgent call,
• the advocates were prohibited to enter the police stations,

Relevant legal and after the revaluation political evaluation are not given to these gross human rights violations.

Moreover, the criminal cases, instituted on the legitimacy of the police activities during 2015 and 2016, were discontinued.

The criminal cases were discontinued on the ground of the persons to be involved as a victim was unanimous.

Meanwhile,

• the circumstance, why the Police used special measures against the participants of the peaceful assemblies was not matter of investigation,
• Why did the Police not remove or did not stop the provocateurs and their actions during the protests,
• Why did the Police not remove or intervene to the cases of physical violations against the participants of the peaceful assemblies,
• Why did the Police persecute the participants of the peaceful assemblies after the protests and hindered the medical assistance to be provided to the latter.

In fact the, illegal actions of the RA Police were of systematic nature, the responsibility of which carries out the Republic of Armenia.

This problem should become not only a matter of legal, but also of political evaluation, therefore we recommend, that the

1. The authorities

• The above mentioned assemblies of 2015, 2016 and 2016 were of peaceful nature,
• The police intervened and violated the right to freedom of assembly,
• The citizens’ rights to refrain from the freedom of immunity and tortures.

2. The authorities accept the fact, that an efficient investigation was not conducted towards subjecting the accused of the mentioned cases to liability,
3. The authorities to elaborated the relevant legal mechanisms and take reasonable measure for the protection of the citizens’ rights by providing not only material, but also moral compensation for all the damages, that each citizen had.

Thus, the state authorities, recognizing the violations of the mentioned rights and compensating the damages of the citizen, will establish trust, will record, that the state and the society is intolerant and demanding towards such violations and the impunity of the policemen and the most importantly, in terms of human rights, the state will undertake the role of the guarantee for the protection of citizens’ rights.