Amendments to Criminal Code adopted in parliament

With amendments to Articles 225 and 300 prosecutors must review charges brought against March 1 defendants

by Armen Hakobyan

Published: Saturday March 21, 2009

David Harutiunian. Armen Hakobyan / Armenian Reporter

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Yerevan - On March 18 the National Assembly adopted amendments to articles 225 and 300 of the Criminal Code, with 98 in favor, six opposed, and two abstentions. The president is expected to sign the amendments into law shortly.

The Speaker of Armenia's National Assembly in January had undertaken to have the laws amended, in consultation with the European Commission for Democracy through Law (the Venice Commission), as a way to ensure that no political prisoners are held in Armenia. The expectation was that charges against some defendants in cases related to the bloody clashes of March 1, 2008, would thereby be rendered moot and dropped.

In an interview with the Armenian Reporter, David Harutiunian, chair of the parliamentary Commission on State and Legal Affairs, head of the Armenian delegation to the Parliamentary Assembly of the Council of Europe (PACE), and head of the working group to amend the laws, said, "The most important issue for implementing these changes is clarifying the law. Article 225, which refers to mass disorders, did not explain that phrase in the past. What does ‘mass disorder' mean? [It] was left to the judgment of the court. With this amendment, the definition of that concept has been given, which was very important. Article 300 was about usurping state power. However, once again, there was no explanation as to what ‘usurping state power' meant. According to the conclusions of the Venice Commission, the amendments will reduce ambiguity."

Mr. Harutiunian distinguished between two kinds of participant in mass disorder: one kind is an individual who "personally carries out violence, pogroms, arson, and destruction or damage to property." The second is a person who is part of an activity, such as a rally, that turns violent, but does not personally take part in the violence. Even though the Venice Commission gave its blessing to language criminalizing both kind of participation, "we decided that it is not appropriate to criminalize the second form of participation and it has not been presented in the final text of the draft," Mr. Harutiunian explained.

How will these amendments impact the trial, now underway, of prominent antigovernment figures, widely known as the Case of Seven? Mr. Harutiunian said, "I believe that, yes, the indictments will be reviewed and made to comply with the law. In other words, the judge must make the charge comply with the law."

With regard to Armenia's commitment to PACE, he said: "I believe that the National Assembly has clearly carried out this part of its responsibility. This can only be welcomed."

Justice Minister Gevorg Danielian and Human Rights Defender Armen Harutyunyan told the Armenian Reporter that they would only comment once the law has come into force. Armen Khachatrian, the coordinator of the opposition Armenian National Congress's Legal Support Service to Political Prisoners, also did not want to comment regarding the amendments. He simply said that they consider their accused friends innocent and believe that they should be vindicated and immediately released.

Defense lawyer Avetik Ishkhanian, president of Armenia's Helsinki Committee, said, "When I look at the changes, they will most probably reflect upon the Case of Seven in particular. I believe this because even though the seven [accused men] were present at the March 1 rally, their activities in terms of participating in the mass disorders have not been proven. And naturally, the amended articles, having retroactive power, will enable the authorities to give them light sentences and find a way to free them, because acquittals are a very rare thing for us."

Mr. Ishkhanian said, "Yes, amendments to laws are necessary, but the first priority is the neutrality and independence of the courts, as well as the professionalism of the bodies carrying out the investigations."