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In his response letter of February 21, 2017 to HCA Vanadzor’s application on challenging the constitutionality of Article 103(1) of the RA Electoral Code, RA Human Rights Defender Armen Tatoyan stated that the HRD staff was conducting a relevant examination on the issue.

A few days ago, we received the Ombudsman’s letter by which he refused to challenge the constitutionality of the said article.

The Ombudsman explained his position as follows: “The issue of contradiction of the articles mentioned by you with Article 48, Chapter 2 of the Constitution stipulating voting rights and the right to take part in referendum may be addressed only in case of referring to the regulations on setting the terms for announcing and holding next-in-turn National Assembly elections, nominating and registering candidates and setting the election date.”

Moreover, the Ombudsman specifically notes that he may apply to the Constitutional Court only in cases of direct and immediate contradiction of legal acts with the provisions in Chapter 2 of the Constitution.

For this unclear reason, the Ombudsman considers the article in question to be beyond the scope of Chapter 2 of the Constitution and takes no account of the fact mentioned in HCA Vanadzor’s letter that holding elections earlier than stipulated in the Constitution, violates the rights of persons whose voting rights arise within April 2-22. They are virtually deprived of the possibility to exercise their voting rights.

It is at least unclear on which bases the Ombudsman excludes the direct and immediate relevance of the voting rights with Chapter 2 of the Constitution stipulating fundamental human and civil rights and freedoms, the more so that this very Chapter covers Article 48 stipulating voting rights.