The Armenia Young Lawyers Association protests against the actions of the Republic of Armenia Police. The activities aimed to stop the assembly, arrest of the participants and subsequent developments were accompanied by a number of violations.
Article 8 of the RA Law on Fundamentals if Administrative Actions and Administrative Proceedings provide: “Administrative action must be directed at an objective pursued under the Constitution and laws of the Republic of Armenia and the measures for achieving that objective must be suitable, necessary and proportional.” Intervention to this peaceful assembly was not necessary and proportional.
Pursuant to Article 262 of the RA Code on Administrative Violations: “The duration of arrest of an person committed administrative violation shall not exceed three hours, in exceptional cases, for special purposes, other terms of administrative detention may be defined by the legislative acts of the Republic of Armenia.” The freedom of the demonstrators was restricted for more than provided 3 hours, without defining the procedural status.
Pursuant to Article 18 of the RA Law on the Profession of Advocate: “The advocate shall have right to a separate, confidential, free unrestricted access with his/her client, without limitations of the number and duration of such meetings.” The majority of persons detained by the police do not have opportunity to use the services of the advocate due to the created by the police barriers.
Pursuant to Article 31 of the RA Law on the Police: “A police officer may discharge the following special means as water cannons and armored cars. Application of special means against women with noticeable signs of pregnancy, obviously disabled persons and minors (with the exception of cases of their armed attack, armed resistance and group attacks endangering the life and health of people), in the territories of diplomatic and consular representations (with the exception of cases of discharging special means upon the request of the authorized representatives thereof), as well as while terminating peaceful public assemblies and public events held without weapons and without violation of the procedure prescribed by law shall be prohibited,” Pregnant women and minors participated in the peaceful assembly and thus the police had no right to use water cannons against them.
Pursuant to Article 16 of the RA Law on the Police: “The Police shall be obliged to take urgent measures in order to rescue people and render first medical aid.” The police in addition to failure to provide first aid assisted to creation of such situation.
Pursuant to Clause 22 of the RA Government Decision on the Approval of the Regulations of Police Patrol Service at the Government of the RA: “The officers perform their duties wearing a uniform of prescribed shape.” In this case, several dozen policemen carried out their service duties without the uniform, so they had no right to detain the protesters.
Pursuant to Article 4 of the RA Law on Mass Media: “interfering with the legitimate professional activities of journalists shall be prohibited.” Police also hindered the work of the media and used force against journalists covering the meeting.
Pursuant to Article 10, Part 4 of the Regulations of Police: “Police officers shall know and respect human rights and freedoms, show restraint, and civilized, polite and respectful approach to the citizens.” Some police officers swore at the citizens.
The above actions of the police are contrary to the positions in decisions of the ECHR. In particular according to the ECHR ruling in the case Mahmudova v. Russia (2007), neither the hypothetical risk of public disorder nor the hostile attitude of the crowd cannot be legal basis for prohibiting the peaceful assembly.
According to the rulings in cases “Ezelin v. France” (1991) and “Ziliberberg v. Moldova” (2004), the limitations/restrictions applied beforehand to prevent possible accidents and minor violations may be disproportional. The person may be arrested or investigation may be carried out only after violation or use of force had been applied. Application of such restriction before that is considered as disproportional. The European Court of Human Rights approved the fact that the person cannot be deprived of the right to exercise his/her right to participate in peaceful assemblies based on the fact of violation of the public order by other participants of the assembly, if in such situations he stays calm and dos not perform violations.
The Armenian Young Lawyers Association demands from the RA authorities to immediately release all the detained participants of the peaceful assembly and to carry out unbiased and transparent investigation of disproportionate use of force by the police.
Armenian Young Lawyers Association
