CoE Human Rights Commissioner in his March 1 Report Warns of Further Outbreaks of Violence

Council of Europe Commissioner for Human Rights Thomas Hammarberg released his much-awaited report on Armenia yesterday.  Recall, Hammarberg visited Armenia from Jan. 18–21, 2011, and held discussions on the human rights situation with national authorities, prominent political figures and representatives of civil society. Hammarberg’s report highlights his concerns over incidents in Armenia’s armed forces, the situation of those imprisoned in connection to events in March 2008 following disputed presidential elections in February of that year, as well as the still ongoing investigation into the 10 deaths that resulted from post-election violence.

On the investigation into Mar. 1–2, 2008, Hammarberg notes that “the lack of results of the investigation into these cases has been a source of grave concern. None of the perpetrators have been identified to date.”

In his conclusions and recommendations, the Commissioner notes that the use of force on Mar. 1–2, 2008, was excessive and resulted in “serious human rights violations.” Furthermore, he encourages the Armenian authorities to “pursue vigorously” the investigation into the ten deaths, as well as instances of police abuse during arrest and detention:

“The investigation into the ten deaths, as it was conducted, falls short of the principles for the effective investigation of police actions which are essential to give practical meaning to the right to life under Article 2 and the prohibition of torture and inhuman or degrading treatment or punishment under Article 3 of the European Convention on Human Rights (ECHR). The basic criteria for effective investigations have been defined by the European Court of Human Rights (ECtHR) and include: independence, adequacy, promptness, public scrutiny and victim involvement. The investigation should be capable of leading to the identification and punishment of those responsible.

“In the present case, the investigation should clarify the circumstances of the ten deaths, identify the police officers who perpetrated these acts and hold them accountable. Further, the question of command responsibility should be examined thoroughly as concerns the senior police and national security officials who were in charge during the events of 1-2 March 2008.

“The families of the ten victims should receive adequate compensation for the loss of their relatives and should be fully associated to and informed about the investigation.

“It is essential that justice be seen to be done. The public should be informed of the progress and outcome of the investigation. This would contribute to promoting reconciliation within Armenian society.”

Hammarberg notes that police officials who committed acts of violence and ill treatment should be identified and held accountable. “Indeed, while many opposition activists or sympathisers were arrested, sentenced and imprisoned, hardly any officials have been held to account for abuses committed. This created a strong impression that justice was meted out in a selective manner.”

The Commissioner also calls for reforms in Armenia’s law enforcement bodies, as well as judicial reform.

“The Commissioner encourages the Armenian authorities to carry out reforms in relation to the police, security services and other relevant law enforcement structures, with a particular view to eradicating the phenomenon of police violence and abuse as well as to combating impunity for any officials who violate the prohibition against torture and ill-treatment. In this context, the Commissioner also encourages the Armenian authorities to request the publication of the report on the CPT’s visit to Armenia in May 2010.

“Reform and independence of the judiciary are no less important. In this respect, the Commissioner calls on the Armenian authorities to continue close cooperation with the Council of Europe and other international actors in the process of judicial reforms, including the review of the Criminal Procedure Code, on the basis of the recommendations of the ODIHR Trial Monitoring Report.”

Hammarberg also drew attention to the issue of public trust in law enforcement bodies, the remaining human rights concerns related to March 2008 events, and warned that not addressing sentiments held among certain members of the public might result in additional violent outbreaks:

“The Commissioner believes that the establishment of a Commission supervising the activities of law enforcement bodies, including through the treatment of complaints, could contribute significantly to improving the level of public trust in law enforcement structures and to combating impunity. The mechanism to be established should be genuinely independent from law enforcement bodies and the executive branch. The Commission should also have an adequate scope of responsibilities, including the possibility to conduct an investigation in cases of serious human rights violations.

“The Commissioner strongly believes that it would be a mistake to disregard the remaining human rights consequences of the March 2008 events and to leave the foregoing matters unresolved. The frustration and resentment felt by certain parts of the population may yet again contribute to a deterioration of the environment which could lead to further outbreaks of violence. The authorities should further reach out to the opposition and the relatives of the victims, which is also important to promote reconciliation within Armenian society.”