OMBUDSMAN IN HIS AD HOC REPORT RECORDS THAT SOCIETY IS DIVIDED INTO PRIVILEGED "INSIDERS" AND REST
Noyan Tapan
April 25, 2008
YEREVAN, APRIL 25, NOYAN TAPAN. The 2008 presidential elections and
post-electoral developments have immensely influenced on the entire
system of protection of human rights, on the state of protection
of personal, political, socio-economic rights. RA Ombudsman Armen
Haroutiunian stated on April 25 publicizing his ad hoc report. In the
report the Ombudsman recorded that the complaint of a huge part of
society during the presidential elections, receiving the respective
direction, has acquired new qualities.
In particular, the noticeable social and economic polarization,
mistrust towards public and law enforcement bodies, overcentralization
of power, ineffective mechanism of checks and balances between three
branches of power, insufficient guarantees of human rights, formation
of a tightly closed system of privileged group drove a significant part
of society to seek critical and dramatic changes to solve these issues.
According to Ombudsman’s report, a closed system of privileged
"insiders" and the rest had been formed in the country, democratic
principles of governance were of artificial nature, which hampered
the course of political struggle under the rule of law. Meanwhile,
the opposition adopted the same extremist policy. The extremist policy
of one part of government and a part of opposition generated March
1-2 events inflicting the society to suffer.
"Thus, the society shall enjoy the right to demand political elite
(government and opposition) to ensure absolute respect for human
rights and tolerance shall prevail in the society."
To overcome the formed situation the Ombudsman proposes solving
the following problems: to ensure that the authorities function
in a framework of public accountability, and to secure a strong
opposition, to reform the electoral legislation, to safeguard the
freedom of expression and to put in place conditions for pluralism and
impartiality in the electronic media. To this end, according to the
Ombudsman, it will be essential to reform the legislation on television
and the radio. It is also necessary to ensure equal participation of
the representatives of the power and the opposition in the formation
of television and radio regulatory and supervisory bodies.
The Ombudsman also considers that it is necessary to rule out laws
groundlessly restricting human rights and freedoms (such as the
recent amendments to the Republic of Armenia Law on Conducting
Meetings, Assemblies, Rallies, and Demonstrations), to safeguard
the constitutional principle of equality of rights and to eliminate
existing economic monopolies. The Ombudsman considers that it is
vital to create an independent commission to inquire into the March 1
events and, according to him, it would be most dangerous and useless
to imitate reforms.
In response to the questions, the Ombudsman emphasized that the
independent commission with the participation of experts invited
from abroad should enjoy confidence of the most part of society:
"I have an inner conviction that extra-parliamentary opposition forces
should also take a very active part in the commission’s activity." The
Ombudsman also emphasized that the commission should not replace
the preliminary investigation body, "but exercise control over all
that". The Ombudsman also thinks that all events of morning, midday,
and evening of March 1 should be investigated unitedly, as there is
a cause connection among them. "They must not leave out the morning
and investigate only the midday."
A. Haroutiunian said that more than a hundred arrested people are all
oppositionists, therefore the independent commission is needed for
punishment of all those who have committed a criminally punishable
act. "To accuse so many people by Article 300, RA Criminal Code,
seizing power, can be not trustworthy: "the suspicions that there
are people arrested for their political approaches among them should
be liquidated."
A. Haroutiunian completely accepts the approaches of the latest
resolution adopted by PACE: they all proceed from RA’s interests. "An
attempt to help us was just done, for us to ensure permanence to
develop by the democratic way. I see nothing that can be harmful
for our country," the Ombudsman said highlighting that we cannot
unequivocally say that there are political prisoners in Armenia, we
cannot assert, either, that everything is normal, there are suspicions
and they need to be cleared up.
In connection with separation between human rights and national
security made by some "good-for-nothing compatriots" in media,
A. Haroutiunian said that if there are no harmonious relations between
society and power, speaking about national security is senseless. "The
political history of mankind shows that the states and societies,
where society, citizens feel protected and consider that power as
their power, always win and are strong from point of view of national
security. If a citizen is alienated and says nothing only due to fear,
it does not mean that everything is stable in that country."
The Ombudsman is convinced that we should build a democratic society
with a real content and not an authoritarian system with a democratic
facade, it results in undesirable phenomena. "Our only alternative
is a democratic country, where human rights are indeed protected and
a person feels protected," A. Haroutiunian said.
In response to the question of how he evaluates former RA
President Robert Kocharian’s statement that the Ombudsman is his
most unsuccessful cadre appointment, A. Haroutiunian said: "As an
Ombudsman I just tried to behave correctly as far as possible, for
society to trust this institution."