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Hammarberg Calls for the Release of Pashinyan, Mikaelyan and Hatspanian

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.

In a section titled “Persons deprived of their liberty,” Hammarberg notes that he met with Sasun Mikaelyan, Nikol Pashinyan, Harutyun Urutyan — all of whom have been imprisoned since 2008 and arrested on charges in connection with the post-election violence that claimed the lives of ten people and left more than 130 people injured.

“While acknowledging that the Armenian authorities have taken certain measures which led to the release of many of those deprived of their liberty in connection to the 1 and 2 March 2008 events, the Commissioner continues to have serious concerns about those who remain in detention. The Commissioner has received a considerable number of credible allegations and other information strongly indicative of human rights violations and other serious deficiencies marring the criminal investigation and judicial processes in cases connected to the March 2008 events. This casts doubt on the credibility of the charges retained and the final convictions,” reads the conclusions and recommendations section of the report.

Furthermore, Hammarberg urges the Armenian authorities to release the remaining opposition activists jailed in connection to the March 2008 events.

“This might also contribute to healing the wounds of Armenian society, which is still affected by deeply-rooted political divisions,” he writes.

The CoE Commissioner welcomed the release of Harutyun Urutyan and Roman Mnatsakanyan, while expressing his concern for Sasun Mikaelyan. He asked the authorities to consider the possibility of releasing Mikaelyan based on the risk of his health deteriorating.

On Nikol Pashinyan: “The Commissioner urges the Armenian authorities to allow Mr Pashinyan to meet with his lawyer in full privacy. Further, the Commissioner finds it problematic that the time of remand imprisonment is not counted in the period to be shortened (in the present case, halved). This means that the longer the period a person spends remanded in custody — during which he should be presumed to be innocent — the more total prison time he will ultimately have to serve. The Commissioner calls on the Armenian authorities to apply the more fair and generous option and to consider releasing Mr Pashinyan on the basis of his entitlement to early release.

During his visit, Hammarberg had a chance to discuss the case of Sargis Hatspanian, a French national of Armenian origin residing in Armenia, who “was sentenced on Apr. 9, 2009, to three and a half years under Section 333 of the Armenian Criminal Code (false crime reporting) on the basis of an interview he gave to an Armenian newspaper on Nov. 3, 2008.

“The Commissioner urges the Armenian authorities to release Mr Hatspanian, considering that he is already eligible for early release, and to find a solution regarding his status in order to allow him to stay in Armenia with his family,” Hammarberg notes in the report.

The Commissioner for Human Rights, who met with the relatives of those who are or have been sentenced as a result of the March 2008 events, expressed his concern in this matter, and recalled that “it is not acceptable to treat people differently because of their political beliefs.”