ARMENIA: AUTHORITIES MUST OBSERVE PRINCIPLES OF NECESSITY AND PROPORTIONALITY IN RESPONDING TO OPPOSITION DEMONSTRATIONS
States News Service
March 4, 2008 Tuesday
The following information was released by Amnesty International USA:
Amnesty International is deeply concerned by reports that eight
people, including one policeman, were killed during the dispersal of
a demonstration in the capital Yerevan on 1 March. Over 130 others,
in addition to a reported 58 police officers, were injured. Casualty
figures for further clashes later that day have yet to be released.
Amnesty International is calling on the Armenian authorities to ensure
that the principles of necessity and proportionality are observed in
all instances of the use of force by law enforcement officials. The
organization is also calling for casualty figures and information
regarding missing persons to be made public immediately, and for a
prompt, impartial and independent enquiry into the use of force by
law enforcement officials to be conducted without delay.
Amnesty International is concerned that police officers may have used
excessive force to disperse the demonstrations on 1 March. Since the
announcement of the results on 20 February
supporters of losing candidate and former president Levon
Ter-Petrosian staged constant protests in Freedom Square in the
centre of Yerevan. Early in the morning of 1 March police used
force to disperse the crowds after they reportedly refused police
instructions to disperse. Police are reported as having been armed with
truncheons, tear gas, stun guns and tracer bullets. Eight people, seven
demonstrators and one policeman, reportedly died during the violence,
while a reported 131 demonstrators and 58 policemen were also reported
as injured. Among the injured, a reported 18 demonstrators and 16
policemen received bullet wounds.
Later that day large crowds assembled outside the French Embassy.
Late in the afternoon the demonstration developed into violent clashes
between protestors and police. There were widespread reports of the
use firearms; police also used stun guns and water cannon.
Demonstrators used petrol bombs and stones to assault police and
set fire to vehicles. There is no information available to date on
numbers of casualties arising from these clashes. There have also
been reports of demonstrators going missing and of house searches of
high-ranking opposition members.
In response to these clashes President Robert Kocharian declared
a state of emergency to last until 20 March. Levon Ter-Petrosian
was reported to have been placed under house arrest, although the
Armenian authorities denied this; a number of other opposition
leadership figures were also reportedly detained on charges of
illegally organizing rallies.
Although there are widespread reports of the use of violence by
demonstrators against police at the demonstration outside the
French Embassy, reports and eyewitness accounts of the earlier
demonstration in Freedom Square do not mention violence on the part of
the demonstrators gathered there. There are also several eyewitness
reports indicating that police assaulted protestors who were fleeing
from the demonstration.
Amnesty International acknowledges the difficulties faced by law
enforcement officers when policing violent demonstrations, and
notes that the Armenian authorities have both a responsibility and
an obligation under international law to provide for the safety and
security of people and property. Large numbers of policemen reported
as injured indicate that the Armenian police faced a very difficult
situation on 1 March. However, the Armenian authorities also have an
obligation to ensure that law enforcement officers act in accordance
with international standards, particularly the principle that force
may only be used by law enforcement officers when strictly necessary
and to the extent required for the performance of their duty.
Amnesty International further urges politicians and those in authority
not to implicitly or explicitly encourage violence.
Amnesty International is also concerned regarding possibilities for
restrictions on the right to freedom of expression resulting from the
broad wording of the restrictions imposed by President Kocharian’s
declaration of a state of emergency. The declaration restricts mass
media publications on ‘state and internal political issues’ to limits
established by the official information issued by state authorities.
It also bans, without defining, ‘political propaganda’ published
without official permission. A state of emergency does not offer state
authorities an open hand in silencing the media. Any derogation of the
right to freedom of expression must be provided for in law, observe
the principles of necessity and proportionality and be justified by
specific reasons.
Background
On 19 February Armenia held presidential elections to replace outgoing
President Kocharian. According to official results issued by the
Central Election Commission the election was won by Serge Sarkisian,
Prime Minister and both a close associate of President Kocharian
and his designated successor, with 52.9% of the vote. This result
provided a narrow but sufficient margin to preclude a second round of
voting. Presidential candidate and former president Levon Ter-Petrosian
came second with 21.5% of the vote according to official figures.
The election observation mission organized by the Organization for
Security and Co-operation in Europe (OSCE) assessed the election as
‘mostly in line’ with OSCE commitments, though it did note that one
candidate was targeted with negative propaganda by broadcast media.
The mission also reported that conduct of the count in 16% of polling
stations was ‘bad to very bad’, and drew attention to a number of
other serious shortcomings. There were widespread reports in domestic
and international media of intimidation, ballot stuffing and problems
with the count.
Public Document
International Secretariat, Amnesty International, 1 Easton St.,
London WC1X 0DW, UK