ECtHR Rules: Armenia Violated NGO’s Right to Assembly

The Republic of Armenia has violated Article 11 (freedom of assembly and association) and Article 13 (right to an effective remedy) of the European Convention on Human Rights, placing a ban on the Helsinki Committee of Armenia NGO holding a peaceful march and a candlelight vigil in memory of Levon Gulyan, a witness in a murder investigation who died in May 2007, while in police custody, ruled the European Court of Human Rights on Sunday, March 31, in the case of “Helsinki Committee of Armenia v. Armenia.”

Recall, that according to the official version, Gulyan died in an attempt to escape by jumping out of a second-floor window of the police station. However, Armenian human rights groups claim that the man was subjected to torture and ill-treatment by police.

On 6 May 2008 the Helsinki Committee of Armenia NGO notified the Mayor of Yerevan of its intention to hold a commemoration march on the first anniversary of Gulyan’s death. The march was to take place on 12 May from 8 p.m. to 9.30 p.m. It was to start at Republic Square and continue through Nalbandyan Street in the direction of the police station.

The Mayor banned the march for national security and public order reasons following mass post-election rallies and protests and an intense standoff between the authorities and the supporters of the opposition, resulting in clashes and at least ten persons being killed. The Mayor cited the Sections 9 § 4 (3) and 13 § 1 (3) of the Assemblies, Rallies, Marches and Demonstrations Act, finding:

“According to the official opinion of the Police … of 8 May 2008 …, the mass public event held on 1 March 2008 turned into mass disorder resulting in human casualties and not all the circumstances of the crime and offenders have been disclosed, and not all weapons and ammunition used [at that event], whose circulation may pose danger to the lives and health of citizens, have been found in the course of the investigation into the criminal case instituted in connection with that fact by the Special Investigative Service of Armenia[. H]ence, it will be impossible to prevent new crimes, if the mass public event [in question] is held.”

The NGO, which had not received the letter informing them of the Mayor’s decision, tried to hold the march on 12 May 2008 as planned but was prevented from doing so by the police. The Committee received the letter informing them of the ban on 13 May 2008.

Relying on Article 11 (freedom of assembly and association) of the Convention, the NGO complained about the ban on them holding their mourning march. Further relying on Article 13 (right to an effective remedy), the NGO also complained that any appeal against the decision banning their march, received after the date of the planned event, had not only been ineffective but meaningless.

Note that the European Court of Human Rights is also investigating the circumstances of Gulyan’s death. The RA Special Investigation Service suspended the criminal investigation into the death, despite the verdict of the Court of Cassation, binding to resume it.