Thursday,
Former Tax Chief To Remain Under Arrest
• Marine Khachatrian
Armenia -- Finance Minister Gagik Khachatrian attends a parliament session in
Yerevan, November 16, 2015.
Armenia’s Court of Appeals on Thursday upheld a lower court’s decision to extend
the pre-trial detention of former Finance Minister Gagik Khachatrian who is
accused abuse of power and misuse of public funds.
Khachatrian, who was a member of former President Serzh Sarkisian’s cabinet from
2014-2016, was arrested in late August after a law-enforcement agency claimed to
have recovered 800 million drams ($1.7 million) in “damage inflicted on the
state” by him.
Khachatrian’s nephew Karen was also arrested and charged at the time. The latter
used to run an internal security division of the State Revenue Committee (SRC).
The government agency comprising Armenia’s tax and customs services was headed
by Gagik Khachatrian from 2008-2014.
Both men deny a large-scale “waste” of government funds alleged by the National
Security Service (NSS). The NSS claims, in particular, that as head of the SRC
Gagik Khachatrian also hired and registered employees who never reported for
work.
While continuing to deny any wrongdoing, the once powerful ex-minister indicated
through his lawyer, Yerem Sargsian, earlier this week that he is ready to
compensate the state for the entire damage allegedly caused by his actions.
Sargsian voiced the offer as he appealed against the latest decision by a
district court in Yerevan allowing investigators to hold Khachatrian in
detention. He also petitioned the Court of Appeals to free his client on bail.
The court rejected both appeals.
Sargsian insisted on Thursday that Khachatrian is in poor health and is not
receiving adequate medical aid in prison. He accused law-enforcement bodies of
ignoring medical documents certifying Khachatrian’s serious health problems. The
ex-minister has not attended the latest court hearings on the criminal case.
Throughout his tenure Khachatrian was dogged by corruption allegations, with
some Armenian media outlets and opposition figures accusing him of using his
position to become one of the country’s richest men. They cited his family’s
extensive business interests, which include one of Armenia’s three mobile phone
networks, a shopping mall, a car dealership and a luxury watch store in Yerevan.
Khachatrian repeatedly denied ownership of these and other businesses, saying
that they belong to his two sons and other relatives.
Armenian President Challenges Government Bill In High Court
Armenia -- President Armen Sarkissian (R) meets with Prime Minister Nikol
Pashinian, Yerevan, February 4, 2020.
President Armen Sarkissian on Thursday asked the Constitutional Court to examine
a recently passed government bill easing bank secrecy and to rule whether it
corresponds to the Armenian constitution.
Armenian banks are presently required to provide tax and law-enforcement
authorities with information about financial accounts of only those clients who
are accused or suspected of certain crimes.
A package of legal amendments passed by the parliament in the final reading last
month would allow investigators to also see what individuals linked to criminal
suspects have in their domestic bank accounts. But they would still need to
secure court permissions for that.
Prime Minister Nikol Pashinian has said this will help the Armenian authorities
fight against corruption more effectively. Opposition lawmakers have warned,
however, the measure could scare away investors.
Sarkissian’s office announced that the president has declined to sign the bill
into law because he believes it is “seemingly controversial in terms of
constitutionality.” It said that with “relevant legal corroborations and
arguments” he has asked the Constitutional Court to determine the bill’s
conformity with the constitution.
The appeal came two days after Prime Minister Nikol Pashinian met with Sarkisian
to discuss his continuing standoff with the high court and its chairman, Hrayr
Tovmasian, in particular. Pashinian’s political team has been pressuring
Tovmasian and six other members of the court to resign, saying that they lack
legitimacy and are distrusted by the population.
Pashinian wrote on Facebook after the meeting with the head of state that they
share “common principles and ideas about ways of resolving the existing
situation around the Constitutional Court.” He did not elaborate.
Sarkissian, who has largely ceremonial powers, has not intervened in the
standoff so far. He has rarely challenged decisions made by the current
government.
Yerevan Urged To Seek Venice Commission Opinion On Constitutional Changes
FRANCE – A session of the Parliamentary Assembly of the Council of Europe in
Strasbourg, April 25, 2017.
Representatives of the Council of Europe’s Parliamentary Assembly (PACE) urged
the Armenian authorities on Thursday to consult with legal experts from the
Strasbourg-based organization before enacting controversial constitutional
changes.
The PACE co-rapporteurs for Armenia, Andrej Sircelj and Kimmo Kiljunen, made the
appeal as the Armenian parliament debated the proposed changes that would
replace seven of the nine members of Armenia’s Constitutional Court locked in a
bitter dispute with Prime Minister Nikol Pashinian and his My Step bloc.
My Step bloc, which controls the parliament, also moved to call a referendum on
the draft amendments rejected by opposition lawmakers as unconstitutional.
“The proposed changes could have long-term repercussions on the functioning of
constitutional institutions,” Sircelj and Kiljunen said in a joint statement.
“In this context, as well as taking into account some of the questions raised in
that respect, we call on the Armenian authorities to request as soon as
possible, the opinion of the Venice Commission, the Council of Europe’s expert
body on constitutional law.”
“We believe that this opinion, which could be adopted very quickly via an urgent
procedure, would be valuable to all stakeholders, including the Armenian
electorate if a referendum were to be held,” they said.
The Armenian government and the parliament majority did not immediately react to
the appeal.
The PACE co-rapporteurs and Venice Commission President Gianni Buquicchio
earlier expressed serious concern over the ruling bloc’s standoff with
Constitutional Court Chairman Hrayr Tovmasian and six other judges who had been
appointed by the former Armenian governments. Buquicchio warned on Monday
against “any undue political or personal pressure on the judges concerned.”
Armenian Parliament Calls For Referendum On Constitutional Court
• Astghik Bedevian
• Gayane Saribekian
Armenia -- Prime Minister Nikol Pashinian speaks during a parliament debate on
constitutional changes, Yerevan, February 6, 2020.
Ignoring opposition objections, Armenia’s parliament decided on Thursday to hold
a referendum on constitutional changes that would dismiss seven of the nine
members of the Constitutional Court locked in a bitter dispute with Prime
Minister Nikol Pashinian’s government.
They would be replaced by other judges to be confirmed by the current 132-member
National Assembly in which Pashinian’s My Step bloc holds 88 seats.
The decision was unanimously backed by virtually all My Step deputies. Lawmakers
representing the opposition Bright Armenia Party (LHK) voted against it while
their colleagues from the other parliamentary opposition party, Prosperous
Armenia (BHK), did not vote at all.
My Step’s Vahagn Hovakimian, who presented the draft amendments during the
parliament debate, said that the Constitutional Court is Armenia’s least trusted
state institution.
Addressing the National Assembly shortly before the vote, Pashinian also
strongly defended the amendments rejected as unconstitutional by opposition
deputies. He again accused Constitutional Court Chairman Hrayr Tovmasian and six
other judges installed by former Armenian governments from 1995-2018 of being
linked to the “corrupt former regime.”
“The Constitutional Court represents the corrupt regime of [former President]
Serzh Sarkisian, rather than the people, and it must go,” he declared.
Pashinian also claimed that Armenia’s highest court “limits the people’s power”
and poses a “terrible and direct threat to democracy.” Its legal powers must
therefore be superseded by “sovereign rights of the people,” he said.
Pashinian went on to warn his political opponents against attempting to thwart
the constitutional changes through legal or other mechanisms, saying that they
would be declared “anti-state” elements in that case.
Armenia -- Deputies talk during a short break taken during a parliament debate
on constitutional changes, Yerevan, February 6, 2020.
The warning prompted an angry response from LHK leader Edmon Marukian, who
accused Pashinian of “blackmail.”
“Is it you who decides who are anti-state forces and who are patriots? Is this
the ‘democracy’ you dream about?” Marukian asked him on the parliament floor.
Marukian reaffirmed his party’s view that the draft amendments run counter to
other articles of the Armenian constitution. He also noted that the current
Constitutional Court consists of judges appointed under different governments.
This is an important safeguard for the court’s independence, he said.
Another senior LHK figure, Taron, Sahakian, insisted that under Armenian law the
amendments cannot be put on a referendum without being examined and endorsed by
the Constitutional Court.
Parliament majority leaders gave no indications that they will submit the
amendments to the court for approval before setting a referendum date. They
cited articles of the constitution which make no reference to such a validation.
Pashinian and his allies hinted that the decision to hold the referendum should
be endorsed instead by President Armen Sarkissian. The prime minister said
Sarkisian has already agreed in principle to the holding of the vote.
The president has made no public statements on the matter so far.
Armenia -- Constitutional Court Chairman Hrayr Tovmasian talks to reporters
outside his home searched by law-enforcement officers, Yerevan, January 24, 2020.
The Constitutional Court judges and Tovmasian in particular have for months been
under growing government pressure to resign. The parliament also passed in
December a government bill offering them financial incentives to retire before
the end of their mandate. None of them has accepted the early retirement scheme
so far.
Later in December, prosecutors brought criminal charges against Tovmasian. The
Constitutional Court chairman rejected the accusations as politically motivated
and again ruled out his resignation. He has said that the authorities want to
get rid of him in order to gain control over the court.
Tovmasian claimed to be unfazed by the latest developments when he briefly spoke
to RFE/RL’s Armenian service on Thursday evening. He said that he did not follow
the parliament debate.
“I don’t care what’s happening in the National Assembly,” he said.
Earlier in the day, Tovmasian hosted a reception for fellow judges and
Constitutional Court staffers to mark the 24 anniversary of the court’s
establishment. “Rest assured that the members of the court will never make a
decision of which they will be ashamed,” he said in a speech.
Reprinted on ANN/Armenian News with permission from RFE/RL
Copyright (c) 2020 Radio Free Europe / Radio Liberty, Inc.
1201 Connecticut Ave., N.W. Washington DC 20036.
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Category: 2020
PACE monitors advise Armenia to request a Venice Commission opinion on constitutional and related changes
Public Radio of Armenia
Feb 6 2020
Armenia Constitutional Court President’s lawyer: Authorities will need to garner 648,285 votes for amendment
News.am, Armenia
Feb 6 2020
Armenia Constitutional Court President's lawyer: Authorities will need to garner 648,285 votes for amendment Armenia Constitutional Court President's lawyer: Authorities will need to garner 648,285 votes for amendment
19:29, 06.02.2020
A Year in Review: Armenian Government Hampered by Path Dependence
Jamestown Foundation
Feb 5 2020
Armenian Prime Minister Nikol Pashinyan (Source: JAMnews)
In 2019, Armenia’s economic situation markedly improved, registering GDP growth of 6.5 percent, a stable financial system, upgraded credit ratings, higher budget revenues and reduced public debt (Emerging Europe, December 30, 2019). According to a poll conducted in September and October by the International Republican Institute (IRI), 28 percent of citizens noted a significant improvement in their households’ financial situation, compared to 17 percent in 2018, although the majority of respondents saw no change for the better. Prime Minister Nikol Pashinyan’s government remains popular, with 70 percent of the population feeling optimistic about the country’s future and expressing satisfaction with the government’s anti-corruption campaign. But on the other hand, the proportion of respondents emphasizing socio-economic issues and the need for job creation has increased significantly in comparison with previous polls from October 2018 and May 2019; and 82 percent of respondents consider judicial reform a priority (Iri.org, December 9, 2019).
It remains to be seen how the Armenian government’s obligation this year to fully implement the customs tariffs associated with its membership in the Moscow-led Eurasian Economic Union (EEU), which is set to raise prices on over 700 goods, will affect the socio-economic situation. Claims that access to the EEU market will boost investment in Armenia can still be heard but seem increasingly half-hearted, especially now that Armenia’s rotating EEU presidency has ended. The tourism sector may potentially become a more important source of growth than in previous years, as European-based low-cost airlines Ryanair and Wizzair have confirmed the start of operations out of Yerevan and Gyumri (so far, Ryanair announced six destinations in Germany, Greece, and Italy; Wizzair has announced flights to Vienna and Vilnius). While that expansion is moderate compared to neighboring Georgia (Wizzair, which launched its first flights from Budapest to Kutaisi in the fall of 2014, currently serves 40 European destinations from Georgia’s second largest city; Ryanair entered Georgia’s market in 2019 and currently serves four destinations from Tbilisi and Kutaisi), the availability of cheaper flights may stimulate tourism to Armenia as it did in other developing countries. The government also plans to increase spending on road construction and other infrastructure (B24.am, December 23, 2019).
Meanwhile, Pashinyan’s push for significant change at home seems inconsistent at times. Indeed, it might have been easier to carry out radical reforms, particularly constitutional and judiciary reforms, immediately after the snap parliamentary elections in December 2018 (see EDM, November 21, 2019). Despite the Armenian prime minister’s previously stated preference for slow and cautious reforms, he more recently seems to have concluded that the “deep state” has been creating obstacles for systemic change. At a cabinet meeting in December, he stated that the entrenched bureaucratic apparatus and unreformed public institutions are ineffective and acting against the change demanded by the revolution; he declared the situation must change (Azatutyun.am, December 12). Such a conclusion is hardly surprising, as it was rather predictable that in addition to low professional qualities, many Armenian government functionaries retained Soviet- and post-Soviet-era mentalities; drastic measures would be required to overcome them. Additionally, many officials were appointed on the basis of loyalty to the former regime and continue to resist with vitriolic propaganda and character assassination attempts. These attacks have intensified following the indictment of former president Serzh Sargsyan for embezzlement (Azatutyun.am, December 4, 2019) and during the trial of former president Robert Kocharyan. The familiar cast of Pashinyan opponents posing as “protectors of national and cultural identity” (see EDM, September 19, November 21, 2019) made proposed education reform another reason to blame the government; the Armenian Revolutionary Federation (Dashnaktsutyun) went as far as to call for “guerilla strikes” at a party assembly (Azatutyun.am, December 9, 2019). In summary, serious domestic political issues still need to be solved by a coherent and consistent approach to the reform agenda. Drastic measures such as the implementation of transitional justice, constitutional and judiciary reforms, or the adoption of a law against illicit enrichment could be used to undermine the former regime’s material and ideological base; and such measures may be expected to receive broad public approval.
The government’s foreign affairs in 2020 are expected to remain largely unchanged, adhering to the “multi-vector policy” paradigm. In late December of last year, the previously planned delivery of four Russian Su-30SM fighter planes (see EDM, November 21, 2019) finally took place (1in.am, December 29, 2019). Over the foreseeable future, Russia will remain Armenia’s main weapons supplier. This year, a slight decrease in military expenses compared to 2019 is anticipated (Hetq.am, October 2, 2019), but with reduced corruption and embezzlement the allocated amount will actually allow for increased procurements. At the moment, it seems a balance in relations with Russia has been achieved despite the former Armenian presidents’ (and their proxies’) attempts to use their Russian connections to undermine Pashinyan’s position. Russian analyst Sergey Markedonov has noted that the current Armenian prime minister’s pragmatic approach has helped him build a working (and mostly dependable) relationship with Moscow (1in.am, January 8, 2020). Arguably, Russia also had to adopt a pragmatic approach and show some level of flexibility in light of the 2018 Velvet Revolution in Yerevan, as it could not risk losing a reliable regional partner in case of an unsuccessful attempt to remove a highly popular leader. However, it is worth keeping in mind that the relatively accommodating mood in Moscow may harden if Pashinyan’s domestic popularity begins to decline.
Armenia’s relationship with the European Union continued to develop within the framework of the 2017 Comprehensive and Enhanced Partnership Agreement. Brussels has expressed satisfaction with Yerevan’s anti-corruption measures to date, and the European bloc has offered to boost its financial support to the South Caucasus country. The EU supports the government’s 2019–2023 Judicial Strategy as well as its 2019–2022 Anti-Corruption Strategy and will assist with their implementation (Hetq.am, October 4, 2019). Meanwhile, Armenia’s relations with the United States will likely remain cautious as 2020 unfolds because of Yerevan’s unwillingness to provoke Moscow as well as the recent tensions in US-Iranian relations (see EDM, January 28, 2020). According to Pashinyan, both are “friendly states,” and Armenia cannot afford to find itself in a confrontation with either (Aravot.am, January 5, 2020). Finally, an expansion in Armenia’s relations with China may be anticipated in 2020, particularly with regard to attracting investment. But it remains to be seen whether or not domestic political tumult grows intense enough in the coming months to derail any of these expected foreign policy trends.
Caroline Cox: Genocide of Armenians in Baku, Sumgait and Artsakh must be recognized
Public Radio of Armenia
Feb 6 2020
On Wednesday 5 February 2020, MEP Costas Mavrides (S&D Group, Cyprus) hosted a conference with the title “The forgotten refugees: What Happened to the Armenians of Baku?” in the European Parliament. The conference was co-organized by the European Armenian Federation for Justice and Democracy (EAFJD) and the Mission of the Republic of Armenia to the European Union.
The keynote speakers were the British humanitarian, Life Peer and former deputy speaker of the House of Lords the Baroness Caroline Cox and eye-witnesses Anna Astvatsaturian Turcotte, an American-Armenian author and human rights advocate as well as David Babaev, a lecturer at “Université Libre de Bruxelles”. The latter are both survivors of the Baku pogroms.
Members of the European Parliament, EP advisers, students, representatives of the civil society and missions of various EU member states as well as Belgian citizens who are survivors of Baku pogroms, were present.
In his opening remark, the EAFJD President Kaspar Karampetian welcomed the participants and emphasized the importance of addressing the issue of the anti-Armenian pogroms, in particular in the premises of the house of European democracy. “In its resolutions of 1990 the European Parliament unequivocally condemned the pogroms perpetrated against the Armenians by the Azerbaijani authorities, namely in Sumgait, Kirovabad and Baku,” stated Karampetian.
MEP Costas Mavrides announced that he had decided to host the event, among other reasons, because of his own experience as a child who had to flee for his life after the Turkish invasion in Northern Cyprus in 1974. He emphasized: “Remembrance is not about revenge but forgetting is unforgivable because it would lead us to the same crimes”.
His Excellency the Ambassador of Armenia Tatoul Markarian reminded that the anti-Armenian massacres in Azerbaijan were the first mass killings and ethnic cleansings in the post-Cold War Europe.
During their testimonies, Ms. Astvatsaturian Turcotte and Mr. Babaev shared their personal stories and what they witnessed as refugees fleeing Baku. “We spent months hiding in our apartment, hoping that the violence against Armenians would end. But it never ended. We left everything behind and fled. We barely escaped but we survived. Many of our neighbors and family friends were not so lucky”, said Astvatsaturian Turcotte.
Babaev underlined that the killings and pogroms in Sumgait and Baku had not come from nowhere and the ground was already fertile. He noted: “These atrocities: violence, intimidation, rape, murder and burning people alive should not stay unpunished.”
The Baroness Caroline Cox pointed out that the genocide of Armenians continued in Baku, Sumgait and Nagorno Karabakh-Artsakh and needs to be recognized so that it does not continue with impunity.
The guest speakers stressed that the Azerbaijani authorities still systematically incite and perpetuate Armenophobia as a state policy in Azerbaijan, a policy witnessed by the victims of Baku pogroms. They concluded by acknowledging the important role of the European Union as a soft power promoting dialog, peace and human rights.
The speeches were followed by a lively question and answer session, where the guest-speakers addressed the questions asked among others by Azerbaijani participants.
Lawyer: Constitutional changes can’t be put to referendum without Constitutional Court’s endorsement
Panorama, Armenia
Feb 6 2020
Lawyer Amram Makinyan has reacted to the statement of MP Vahagn Hovakimyan that My Step ruling faction will not pass the draft Constitutional amendments in the first reading and will propose lawmakers to put the bill to a public referendum.
The lawyer called MPs’ attention to Article 86 of the constitutional law on the Rules of Procedure of the National Assembly, according to which draft constitutional changes are set to pass two parliamentary readings.
“Only after being adopted in the first reading and being endorsed by the Constitutional Court can the National Assembly consider passing and putting the draft law on a referendum,” he said on Facebook. “Until the bill on constitutional amendments is adopted in the first reading and is endorsed by the Constitutional Court, it cannot be put to a referendum.”
“Stop this legal buffoonery. It completely contradicts both the Constitution and Article 86 of the Rules of Procedure of the National Assembly,” Makinyan stressed.
The constitutional changes drafted by several lawmakers of the ruling My Step faction would dismiss the Constitutional Court chairman and its six members who were installed before the entry into force of Chapter 7 of the Constitution amended in 2015.
President of the Constitutional Court says political confidence inapplicable for judiciary system
Panorama, Armenia
Feb 6 2020
Official reception was organized on Thursday on the occasion of the 24th anniversary of the establishment of the Armenian Constitutional Court. The President of the Constitutional Court Hrayr Tovmasyan delivered remarks during the event.
“We should realize and definitely recognize that the Constitutional Court is not a political institution, and it is unacceptable to check the level of political confidence toward the Court. There can be no such practice,” Hrayr Tovmasyan said in his remarks.
In his words, the judiciary system is a specialized agency while its credibility is measured exclusively through the number of cases under consideration and the number of subjects participating in the proceedings.
“That is the only guarantee of trust,” Tovmasyan stressed, adding the judges who issue rulings just for pleasing someone may the next day rule against those people.
“Just remember, no one will ever bring independence on a tray . That is the case with states and institutions. It requires a struggle to get it,” the President of the Constitutional Court said. Tovmasyan also stressed that the judges of the Constitutional Court will never accept a decision for which they will feel ashamed anytime.
To note, earlier the Armenian parliament adopted a bill that envisages a possibility for CC judges to resign before the end of their mandate with several advantages, including a provision they will continue to receive their salaries and other benefits if they tender resignations. Since entering into force on December 27, 2019, no judge of the Court has applied for the scheme.
The authorities claim the new legislation remains voluntary and does not hinder the effective functioning of the Court, while opposition called the measure as 'legal bribe to judges', expressing concern the bill may be used as a tool by the political leadership to force the judges into resignation.
PM claims they have found the ‘dream model’ of a Constitutional Court
Panorama, Armenia
Feb 6 2020
Armenian Prime Minister Nikol Pashinyan proposed on Thursday a nation-wide referendum on constitutional and related changes. The statement came at the extraordinary session underway in the country’s National Assembly.
The proposed amendments relate among other things to removing the requirement for the Constitutional Court to check the compliance of draft legislation with the Constitution of Armenia, and subsequently change the procedure of revision of the Constitution itself. In addition, a constitutional amendments will result at ending the terms of several members of the current Constitutional Court with immediate.
“We have found the dream model of the Constitutional Court,” the PM asserted, speaking at parliament.
“We have gathered here today to launch this process and we should adopt a decision to solve the issue with people. I hope that the National Assembly will make a decision on changing Article 213 and call for nation-wide referendum. Changing the Article in question will result in ending the terms of the members of the Constitutional Court elected through old system. This will happen if the citizens of Armenia go to electoral stations vote for the proposed amendment on the scheduled day of the referendum, vote for the revolution and vote for the rule of the people,” Pashinyan said.
To note, Armenia’s authorities question the legitimacy of 7 out of 9 judges of the current Constitutional Court who had been elected prior to the entry into force of the 2015 constitutional amendments. The argument is that according to the previous text of the Constitutional the judges in question had been elected as members of the Constitutional Court. Article 213 of the revised Constitution, however, provided that the Chairman and members of the Constitutional Court appointed prior to the entry into force of the 2015 Constitution should serve their terms.
President refers two bills to Constitutional Court to determine constitutionality
Panorama, Armenia
Feb 6 2020
Armenian President Armen Sarkissian refused to sign two bills into law and asked the Constitutional Court to pass judgment on them. As the President’s press service reported, the President refused to sign the bill “On making amendments and Supplements to the RA Code of Criminal Procedure and “Supplements to the Law on Bank Secrecy” citing “apparent legal-constitutional problems” emanating from them.
The bills in question were adopted by the National Assembly on January 22.
According to the source, the president has submitted the bills to the Court along with legal justifications to determine their constitutionality.
Syrian-Armenian soldier killed in Idlib during firefight with terrorists
09:44, 6 February, 2020
YEREVAN, FEBRUARY 6, ARMENPRESS. A Syrian-Armenian soldier of the Syrian military has been killed during a firefight with terrorists near Idlib, Gandzasar weekly reports.
According to Gandzasar, the 32 year old ethnic Armenian soldier – Jean Gatanjean – was killed on February 5.
The funeral of Gatanjean will take place on February 6 at the Church of the Holy Cross Armenian Catholic church in Aleppo.
Edited and translated by Stepan Kocharyan