Logo Assembly Logo Hemicycle

The functioning of democratic institutions in Armenia

Doc. 15432: compendium of written amendments | Doc. 15432 | 27/01/2022 | Final version

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1Armenia has made marked progress in its democratic development since 2018. At the same time, in a short period of time, Armenia has faced a series of events which have each exerted a strong influence on the functioning of its institutions. First, a broad-based peaceful movement, the Velvet Revolution, led to a change in Armenia’s political leadership in May 2018. This was confirmed by a snap parliamentary election in December 2018, the organisation and conduct of which were commended by international observers, including the Parliamentary Assembly. Armenia then became involved in the Nagorno-Karabakh military conflict from September to November 2020, and its parliament and government buildings were subsequently stormed by demonstrators. This attempted overthrow of the constitutional order came after the announcement of the signing of the Trilateral Statement by the Prime Minister of Armenia, the President of the Russian Federation and the President of Azerbaijan on the night of 9 November 2020. Armenia then went through a serious political crisis, with the government’s legitimacy being questioned, including by some parts of the armed forces which publicly called for its resignation in February 2021. After an electoral reform was adopted in co-operation with the Council of Europe, it finally held early parliamentary elections in June 2021.

25 January 2022

Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI

Votes: 4 in favor 8 against 0 abstention

In the draft resolution, paragraph 1, replace the fifth sentence with the following sentence:

"Following the 6-week military hostilities between Armenia and Azerbaijan from September to November 2020, its parliament and government buildings were subsequently stormed by demonstrators."

Explanatory note

Factually, what happened "from September to November 2020" was "the military hostilities between Armenia and Azerbaijan." This is the wording used by the Monitoring Committee during and after the 6-week war. When it comes to "the conflict" between them, it actually lasted from the late 1980s to 2020.

2In this context, the Assembly took stock of the situation to assess what lasting achievements had emerged from the democratic reform process that Armenia had embarked on, despite its recent difficulties, what remained to be done and what could raise questions. Its report focused on a limited number of themes overlapping with the priority reforms that the Assembly had identified in its most recent resolution on Armenia, Resolution 1837 on “The functioning of democratic institutions in Armenia” adopted in 2011: electoral reform, ensuring institutional power is correctly balanced and enabling democratic culture to take root in the political sphere, judicial reform and the media situation.
3In general, the Assembly welcomes the fact that Armenia has successfully emerged from the serious political crisis triggered by the outcome in the Nagorno-Karabakh conflict. The crisis was resolved with the early elections in June 2021, which were organised in a democratic manner, notwithstanding the highly polarised environment.

25 January 2022

Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI

Votes: 10 in favor 41 against 4 abstentions

In the draft resolution, paragraph 3, first sentence, replace the words "in the Nagorno-Karabakh conflict" with the following words:

"of the 6-week war with Azerbaijan".

Explanatory note

It should be correctly reflected that, in fact, the result of the 6-week war "triggered serious political crisis" in Armenia.

4The Assembly also welcomes the pursuit of reforms, the launch of new projects since the change of political leadership in 2018 and the degree to which Armenia has co-operated with the Council of Europe, including at the level of its parliamentary delegation. In particular, it welcomes the signing of the Protocol amending the Convention for the Protection of Individuals with regard to Processing of Personal Data (STCE n° 223) in October 2019, the ratification of the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201, Lanzarote Convention) in May 2020 and the adoption of the new Criminal Code and the new Code of Criminal Procedure in 2021, both of which are much more in line with European standards than the previous codes.
5The Assembly notes that the recent conflict had a major impact on Armenia, as described in its Resolution 2391 (2021) “Humanitarian consequences of the conflict between Armenia and Azerbaijan / Nagorno-Karabakh conflict”. In particular, it again expresses its consternation at the number of people killed from all sides and reiterates its demand for the return of all Armenian prisoners of war in accordance with paragraph 8 of the Trilateral Statement. It also reaffirms the importance of cultural and religious heritage and the urgent need to establish mechanisms required for its protection and restoration. It once again deplores the increasing number of speeches or acts that are not conducive to the easing of tensions or the establishment of normal relations between Armenia and Azerbaijan. In addition, the Assembly calls again on the Armenian authorities to release, without delay, all landmine maps in their possession to the Azerbaijani authorities. It once again calls for a just and lasting resolution of the Nagorno-Karabakh conflict, within the framework of the Organisation for Security and Co-operation in Europe (OSCE) Minsk Group. Finally, it calls for the implementation of the recommendations of the Commissioner for Human Rights contained in her memorandum on the humanitarian and human rights consequences of the conflict.

25 January 2022

Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI

Votes: 12 in favor 39 against 4 abstentions

In the draft resolution, paragraph 5, second sentence, replace the words "from all sides" with the following words:

"on both sides".

Explanatory note

The 6-week war took place between Armenia and Azerbaijan, as the conflict had been between the two countries. So basically, there are only two sides that we can refer to.

25 January 2022

Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI

Votes: 12 in favor 45 against 4 abstentions

In the draft resolution, paragraph 5, second sentence, replace the words "prisoners of war in accordance with paragraph 8 of the Trilateral Statement" with the following word:

"captives".

Explanatory note

Regarding those captured, we must adhere to the agreed language used in Resolution 2391, which was adopted on the basis of a special report on the humanitarian consequences of the conflict between Armenia and Azerbaijan, where they are called "captives" and not classified as "prisoners of war" (paragraph 6.7).

In the draft resolution, paragraph 5, replace the fifth sentence with the following sentence:

"The Assembly welcomes the unilateral and unpreconditioned transfer of landmine maps to Azerbaijan as a manifestation of good will and adherence to the Council of Europe standards."

25 January 2022

Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI

Votes: 14 in favor 45 against 2 abstentions

In the draft resolution, paragraph 5, after the fifth sentence, insert the following sentence:

"It further calls for the full investigation of allegations and bringing to justice of anyone, including at command level, found to be responsible for crimes, war crimes or other wrongful acts."

Explanatory note

It is appropriate to recall in this resolution the Assembly's call to investigate the allegations of war crimes, as no progress has been made in this regard. It is an agreed provision taken from Resolution 2391 adopted on the basis of the report of Mr Paul Gavan (paragraph 9).

25 January 2022

Tabled by Mr Rafael HUSEYNOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI

Votes: 13 in favor 48 against 3 abstentions

In the draft resolution, paragraph 5, sixth sentence, replace the words "a just and lasting resolution of the Nagorno-Karabakh conflict, within the framework of the Organisation for Security and Co-operation in Europe (OSCE) Minsk Group" with the following words:

"a resolution of all remaining humanitarian issues that resulted from the conflict, including identification of the whereabouts of missing persons".

Explanatory note

Given the fact that the "Nagorno-Karabakh conflict" is over, we should focus on the elimination of the humanitarian consequences of this protracted conflict and act on issues related to the post-conflict period, such as confidence building, the reconciliation process, the signing of a peace agreement between Armenia and Azerbaijan.

25 January 2022

Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI

Votes: 14 in favor 39 against 3 abstentions

In the draft resolution, after paragraph 5, insert the following paragraph:

"The Assembly notes that on 7 December 2021, the International Court of Justice (ICJ) delivered its Order on the request for the indication of provisional measures made by the Republic of Azerbaijan in the case concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Azerbaijan v. Armenia). In this regard, it calls on Armenia to comply with the Order of the ICJ by taking all necessary measures to prevent the incitement and promotion of racial hatred, including by organisations and private persons in its territory, targeted at persons of Azerbaijani national or ethnic origin."

25 January 2022

Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI

Votes: 14 in favor 45 against 4 abstentions

In the draft resolution, after paragraph 5, insert the following paragraph:

"The Assembly notes that the leaders of Azerbaijan and Armenia have agreed at their Sochi meeting of 26 November 2021 to take steps to increase the level of stability and security on the Azerbaijani-Armenian border and to work towards the creation of a bilateral Commission between Azerbaijan and Armenia for the delimitation of the state border between them with its subsequent demarcation. Moreover, the Assembly stresses indeed the need to launch, as soon as possible, specific projects in order to unlock the economic potential of the region, as was emphasised in the statement issued following the meeting in Sochi."

25 January 2022

Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI

Votes: 14 in favor 44 against 5 abstentions

In the draft resolution, after paragraph 5, insert the following paragraph:

"The Assembly emphasises the necessity of working for reconciliation between Armenia and Azerbaijan, in particular through confidence building measures and achieving the normalisation of their relations based on the respect for each other's sovereignty, territorial integrity, and inviolability of international borders. It calls for prompt launching of negotiations on the peace agreement between the two countries to secure a lasting peaceful coexistence and cooperation in the region."

6The Assembly also notes the consequences of the Nagorno-Karabakh conflict on Armenian politics, whether in terms of the place of the issue of national security on the political agenda, or the intense polarisation of the political scene over the issue of responsibility for the defeat led by the signing of the Trilateral Statement of 9-10 November 2020.

25 January 2022

Tabled by Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Mr Sabir HAJIYEV, Mr Rafael HUSEYNOV, Mr Asim MOLLAZADA, Ms Nigar ARPADARAI

Votes: 12 in favor 49 against 3 abstentions

In the draft resolution, paragraph 6, replace the words "Nagorno-Karabakh conflict" with the following words:

"conflict with Azerbaijan".

7With regard to elections and electoral reform, the Assembly commends Armenia for the conduct of the last two national elections, held in December 2018 and June 2021, which were free of the irregularities that had tainted many elections in the past. As regards the snap election in June 2021, it is also pleased to note that the opposition has accepted the results, after having used the legal means at its disposal to challenge them, and has not boycotted the new parliament’s activities.
8Overall, the Assembly welcomes the marked improvement in the electoral framework, both in terms of the legislation on political parties and the funding of electoral campaigns, and in terms of the voting system, as noted by the Venice Commission and the OSCE/Office for Democratic Institutions and Human Rights (ODIHR).
8.1It welcomes the efforts made to safeguard the integrity of the system of political finance and enhance political parties’ transparency and accountability. It also welcomes the lowering of the threshold of votes required for a political party to receive public funding, and the method of calculating the public funds to be allocated, which, as the Venice Commission pointed out, favours small political parties and consequently political pluralism.
8.2It also welcomes the package of amendments adopted in April and May 2021 which addressed the majority of recommendations raised in previous Venice Commission opinions and OSCE/ODIHR election observation missions’ final reports. It notes that these amendments have, inter alia, simplified the voting system, lowered the premium offered to the coalition receiving more than 50% of the votes in the National Assembly and reduced the threshold for political parties to participate in the distribution of seats, thereby promoting political pluralism.
8.3Lastly, it welcomes both the inclusive and transparent procedure for adopting these amendments and the fact that the amendments of April and May 2021 had been discussed and prepared for a long time, even though they were voted in very shortly before the elections.
9The Assembly regrets, however, the political climate in which the June 2021 elections took place, which was characterised by intense polarisation and marred by increasingly inflammatory rhetoric among key contestants. It also deplores the fact that women were side-lined throughout the campaign, although in the end, electoral regulations led to an increase in their representation in parliament. The Assembly therefore calls on the political parties to bring about a change of culture in this respect, as equal gender representation in elected office must be backed up by a real opportunity for women to participate actively in political life.
10The Assembly calls on the Armenian authorities to complete the reform of the electoral framework by taking on board the recommendations of the Venice Commission and the OSCE/ODIHR, in particular as regards providing a precise legal definition of campaign expenditure, abolishing the ban on bi-nationals standing for election, penalising “slander” during election campaigns and enabling voters to challenge voting results in their constituency. It also calls on Armenia to implement the recommendation of the Congress of Local and Regional Authorities of the Council of Europe by ensuring all local elections are held on the same day and at least six months from parliamentary elections.

25 January 2022

Tabled by Ms Arusyak JULHAKYAN, Mr Vladimir VARDANYAN, Ms Sona GHAZARYAN , Mr Ruben RUBINYAN, Mr Eduard AGHAJANYAN

Votes: 44 in favor 6 against 12 abstentions

In the draft resolution, paragraph 10, first sentence, delete the following words:

"providing a precise legal definition of campaign expenditure,"

Explanatory note

This part should be removed since the VC/OSCE/ODIHR recommendation on this regard which were expressed in the Joint Opinion CDL-AD(2021)025 was addressed in the final text of EC (Article 27). Reference may be made to the Follow up procedure of the Venice Commission on this matter.

25 January 2022

Tabled by Ms Arusyak JULHAKYAN, Mr Vladimir VARDANYAN, Ms Sona GHAZARYAN , Mr Ruben RUBINYAN, Mr Eduard AGHAJANYAN

Votes: 46 in favor 6 against 11 abstentions

In the draft resolution, paragraph 10, first sentence, delete the following words:

", penalising "slander" during election campaigns"

Explanatory note

This part should be removed since in the finally adopted text of the amendments to the Criminal Code (part of the Electoral package voted in May 2021, effective from January 1, 2022), the proposed Article 154.15 (“Publishing – during the period of election campaign, on the voting day, before the end of the voting, or on the preceding day – false information or slander via information and communication technologies, anonymous source, about a political party (alliance of political parties) or a candidate running in elections, for the purpose of damaging the reputation thereof”) was dropped resulting in implementation of the relevant recommendation made in the VC/OSCE/ODIHR Joint Opinion. The reference may be made to the Follow up procedure to the Joint Opinion CDL-AD(2021)025 of the Venice Commission on this matter.

11As regards ensuring institutional power is correctly balanced and enabling democratic culture to take root in the political sphere, the Assembly condemns the violent incidents that occurred in August 2021 between members of the majority and the opposition in the National Assembly. It calls on the majority and the opposition to engage with each other in a constructive and respectful manner over clearly identified and divergent policy directions. It notes that functional mechanisms are in place to protect the opposition’s rights, enabling the latter to play its role and propose alternatives. It calls on the parliamentary majority to fully perform its role in terms of oversight and review of government action, given that it holds the large majority of seats.
12The Assembly calls on the Armenian authorities to implement their plan to reinstate a Ministry of the Interior and entrust it with some of the law enforcement agencies which are currently under the direct authority of the prime minister. This long-standing recommendation of the Assembly would increase the government’s accountability to parliament for any law enforcement matter. It also recommends that the authorities examine the possibility of making several investigative bodies currently under the authority of the prime minister independent.
13The Assembly commends Armenia for introducing certain checks and balances which have proved their effectiveness, whether it be the President of the Republic of Armenia in his role as guardian of the Constitution or the Human Rights Defender (Ombudsman), whose independence seems to be firmly established. In this respect, the Assembly calls on the authorities to follow the recommendations of the Venice Commission on strengthening the independence of the Human Rights Defender in staff recruitment and management policies.
14The Assembly also calls on the authorities to ensure that the Commission for the Prevention of Corruption has adequate resources to carry out checks on the interests and assets disclosure of public officials in general and judges in particular and on the financial control of political parties. It also recommends taking advantage of the next revision of the Constitution to examine the possibility of strengthening the independence of this Commission by constitutionalising its status.

In the draft resolution, at the end of paragraph 14, insert the following words:

"Recalling the recommendations made by MONEYVAL and the Financial Action Task Force, the Assembly calls on the Armenian authorities to strengthen their anti-money laundering and counter-terrorist financing (AML/CFT) measures."

15The Assembly notes that since the peaceful change of power in 2018, tensions have run very high between the Armenian authorities on the one hand and the judiciary and certain judges of the Constitutional Court on the other. It also notes the low level of public trust in the judiciary and the perception that it suffers from a significant degree of corruption and possibly has ties with opponents of the current parliamentary majority. It deeply regrets the public confrontation that took place between the government and the majority on the one hand, and the former chairperson of the Supreme Judicial Council and the former president of the Constitutional Court on the other. It points out that while it is the responsibility of the authorities to uphold the dignity of the judicial office and not to call judges’ integrity into question publicly and collectively, both judges and the chairperson of the Supreme Judicial Council and the president of the Constitutional Court are required to be neutral and impartial.
16It welcomes the measures taken to promote the independence of judges, such as increasing their allowances, setting the remuneration of future “anti-corruption” judges at a higher level than that of ordinary judges, and the change in culture that seems to be under way among pre-trial judges, and has reportedly resulted in a sharp rise in refusals of prosecutorial requests for pre-trial detention.
17It also notes that in their opinions, both the Group of States against Corruption (GRECO) and the Venice Commission took a generally positive view of the composition of the Supreme Judicial Council, an independent judicial body, and of the scope of its powers.
18The Assembly calls for the reform of the judiciary to be continued by:
18.1introducing a proper mechanism for appealing decisions of the Supreme Judicial Council in disciplinary matters, as is already the case with regard to the recruitment and promotion of judges and as recommended by both GRECO and the Venice Commission;
18.2delivering tangible results in terms of sanctions against undue interference with the administration of justice, in line with GRECO’s recommendations;
18.3establishing a neutral and competent body to provide confidential counselling to judges on improper influences, conflicts of interest and corruption within the judiciary, in line with GRECO’s recommendations.
19With regard to the crisis that began in 2019 between the government and certain judges of the Constitutional Court, the Assembly considers that the implementation of the Constitutional Court model provided for by the 2015 constitutional amendments could justify introducing a single set of rules governing the conditions of service of Constitutional Court judges, in particular the length of their term, in order to prevent some of them from serving beyond the 12 years provided for by the amendments. It also notes that the appointment of the former president of the Constitutional Court was made in such a way as to make both his mode of election and the length of his term of office exempt from full application of the 2015 amendments.
20The Assembly notes that the authorities tried to find an honourable solution to the crisis by offering early retirement to the judges in question. It welcomes the talks which were conducted in this respect, with the Venice Commission’s opinion being sought on two occasions.
21It regrets, however, that the Armenian authorities did not follow the Venice Commission’s recommendations that any early retirement scheme for members of the Court must be voluntary and not abrupt and immediate so as to avoid undermining the principle of irremovability of judges. The Assembly points out that the principle of irremovability is a guarantee of the independence of the judiciary from the political authorities which must be respected.

25 January 2022

Tabled by Ms Arusyak JULHAKYAN, Mr Vladimir VARDANYAN, Ms Sona GHAZARYAN , Mr Ruben RUBINYAN, Mr Eduard AGHAJANYAN

Votes: 46 in favor 3 against 9 abstentions

In the draft resolution, paragraph 21, replace the first sentence with the following sentence:

"It regrets, however, that the Armenian authorities did not follow the Venice Commission's recommendations to provide for the renewal of the Constitutional Court while envisaging a transitional period which would allow for a gradual change in the composition of the court in order to avoid any abrupt and immediate change creating a risk of undermining the principle of irremovability of judges."

Explanatory note

The Amendments that were prepared following the guidance of the Venice Commission, were providing for a voluntary early retirement scheme which didn’t work in the practice, since the potential beneficiary judges didn’t apply for proposed early retirement scheme. The recommendation which Armenian authorities didn’t follow was expressed in the other Opinion of VC provided on three legal questions touching the issue of term of tenure of Constitutional Court Justices. In particular, the VC recommended to provide for the renewal of the Constitutional Court while envisaging a transitional period which would allow for a gradual change in the composition of the Court in order to avoid any abrupt and immediate change endangering the independence of this institution.

22As regards the media, Armenia recently faced a series of events, including the Covid-19 pandemic and the Nagorno-Karabakh conflict, which led the authorities to severely restrict the independence of journalists and freedom of expression on a temporary basis. The Assembly notes that, both as regards the dissemination of false information and publications likely to cause panic in the context of the Coronavirus pandemic and the restrictions imposed by martial law, the authorities tended to take drastic measures which were manifestly excessive in view of the curbs they placed on freedom of expression, even if the aim pursued was legitimate. They were able to relax their rules regarding the Coronavirus pandemic, however, and the judicial review of martial law initiated by the Human Rights Defender was effective.

In the draft resolution, paragraph 22, first sentence, replace the words "the Nagorno-Karabakh conflict" with the following words:

"the 6-week war".

Explanatory note

The phrase "Nagorno-Karabakh conflict" implies a long period of time, from the late 1980s to 2020. However, this report only refers to the media restrictions associated with the 6-week war and afterwards. From this point of view, it should be specified exactly which event this report refers to.

23Armenia has been facing an unprecedented level of disinformation and hate speech since the Nagorno-Karabakh conflict. The Armenian authorities responded by increasing the fines for “insults” and defamation, criminalising “serious” insults in general and providing for fines and a prison sentence when they are directed at persons on account of their public activities.

In the draft resolution, paragraph 23, first sentence, replace the words "the Nagorno-Karabakh conflict" with the following words:

"the 6-week war".

Explanatory note

Again, in this paragraph, the context is directly associated with the 6-week war.

24Reiterating its position that defamation should not be criminalised, the Assembly calls on the authorities to:
24.1ensure that the balance between the freedom of expression guaranteed by Article 10 of the European Convention on Human Rights (ETS No. 5) and the dignity of the person, which forms part of the right to privacy protected by Article 8, is respected;
24.2ensure that the legislation on penalties for insult and defamation is applied uniformly by the prosecutor’s office, in a restrictive sense so that it is not used in an arbitrary manner against individuals and the media;
24.3develop tools other than preventive punishment to combat disinformation and hate speech. In this respect, it calls on the authorities to improve the training and status of journalists, make systems of self-regulation effective and combat polarisation of the media by increasing transparency in the area of media ownership;
24.4use the reform of the Law on Mass Media of 2003 to make comprehensive and inclusive reforms to the sector and continue the co-operation with the Council of Europe in this respect.
25The Assembly resolves to continue to closely follow developments with regard to institutional balances and democratic culture taking root in the Armenian political sphere, judicial reform and the media situation. In particular, it will follow the implementation of the co-operation programmes related to these themes contained in the Council of Europe Action Plan for Armenia 2019-2022 and ensure that they are also taken into account in the 2023-2026 Action Plan.