Armenia communications: May 1, 2011 to February 28, 2017

armenia_flag This page summarizes cases raised with Armenia by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Armenia.

Communications and observations are divided into sections based upon which observation report they originally appeared.

Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).

Summaries and communications are published only in the language of submission (in the case of Armenia, English).

First Report (May 1, 2011 to March 15, 2012)

None

Second Report (March 16, 2012 to February 28, 2013)

None

Third Report (March 1, 2013 to February 28, 2014)

Joint urgent appeal, 10/09/2013. Case no. ARM 1/2013. State reply: 27/02/2014. Allegations of threats and harassment of Armenian women’s non-governmental organizations and women human rights defenders.

Observations
The Special Rapporteur thanks the Government for its response. He calls on the authorities to apprise him on the status of the investigation regarding the alleged perpetrator apprehended.

In this regard, the Special Rapporteur wishes to highlight the following recommendations made to States in his latest thematic report to: “[t]ake positive measures, including affirmative action measures, to ensure that all individuals belonging to groups most at risk [such as women] have the ability to exercise effectively their rights, including to freedom of peaceful assembly and of association” (A/HRC/26/29, para. 73(c)); and “[e]nsure that no individual belonging to a group most at risk is criminalised for exercising his/her rights to freedom of peaceful assembly and of association, nor is subject to threats or use of violence, harassment, persecution, intimidation or reprisals” (para. 74).

Fourth Report (March 1, 2014 to February 28, 2015)

None

Fifth Report (March 1, 2015 to February 28, 2016)

Joint allegation letter, 03/07/2015. Case no. ARM 1/2015. State reply: 31/08/2015; 06/10/2015. Alleged excessive use of force by the police to disperse a peaceful demonstration in Yerevan, and the subsequent arrest and detention of demonstrators, journalists and human rights monitors.

Observations

Response to communication
The Special Rapporteur thanks the Government of Armenia for responding to the communication sent during this reporting period.

In connection with the excessive use of force used to disperse peaceful protestors in Yerevan, the Special Rapporteur acknowledges the replies of the Government of Armenia of 31 August 2015 and 6 October 2015 (ARM 1/2015). However, he remains concerned about the possible use of force by the police and requests that the results of the preliminary investigation of the criminal case be made publicly available and shared when it is complete.

He calls on the Government of Armenia to ensure that the use of force by police and security forces are restricted by the principles of legality, precaution, necessity, proportionality and accountability, and takes this opportunity to refer the Government to his recent Report on the proper management of assemblies (A/HRC/31/66).

Additionally, he reaffirms that while assemblies can be subject to certain restrictions, which are prescribed by law and are necessary in a democratic society, there should be a presumption in favour of holding peaceful assemblies and prohibitions should be measures of last resort. In this context, he believes that a swift notification procedure to hold a peaceful assembly complies better with international standards, whereas other requirements can result in undue interference (A/HRC/20/27, para.28).