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As we informed before, on February 7, 2017 Helsinki Citizens’ Assembly-Vanadzor filed a letter to RA Human Rights Defender Arman Tatoyan on applying to the RA Constitutional Court to decide on the constitutionality of Article 103(1) of the RA Electoral Code.

By its letter addressed to the Human Rights Defender, HCA Vanadzor drew attention to the fact that the above article of the Electoral Code was unconstitutional in 2 respects.

First, the fact that the Electoral Code entered into force since June 1, 2016 contradicts Article 209(3) of the Constitution, stating that a number of provisions of the Constitution, including the articles on the procedure and terms of holding the RA National Assembly elections shall take effect starting from the opening date of the 1st session of the RA National Assembly of the next convocation. Consequently, the date of the RA National Assembly elections should be set based on the relevant provisions of the RA Constitution of 2005, according to which a regular election day may be assigned no sooner than within April 22-May 2, 2017.

And the other point is that holding elections before the time set by the Constitution violates as well the rights of the persons whose voting rights originate within April 2-22. In fact, they are deprived of the possibility to exercise their voting rights.

By his letter of February 21, 2017, the Human Rights Defender stated that relevant studies into potential unconstitutionality of Article 103(1) of the RA Electoral Code are in progress and they would further inform on their findings.

No one knows how long the studies by the Ombudsman will last.