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Through the “Road Map” of joining the Customs Union, which is posted on the RA Government’s official website, numerous legislative amendments are required to be made, including, changes of international agreements already concluded by Armenia, signing of interstate agreements within the scopes of the Customs Union, along with singing of international agreement by Armenia for accession to the Customs Union. Moreover, mass legislative amendments for joining the Customs Union are due not only in the customs and taxation sector, but also in the RA Criminal and Administrative Codeases.

What do human right defenders think about the RA legislative amendments?

Chairman of Helsinki Citizens’ Assembly Vanadzor Artur Sakunts draws the attention to the fact that the document comprised of 249 pages, which implies numerous changes, was drafted and will be implemented in a rather limited term.

“From September 3 through February, in such a short time period of only 4 months, the drafting of a project on such mass amendments is itself very suspicious. The activities towards the Association Agreement were underway for 3,5 years, situation monitoring was regularly conducted, the obligations to be carried out by the state were elaborated. And now in the given short time we should come together and decide the faults and assets, it is nonsense.”

According to Sakunts, if Armenia, which is deemed a CoE member country, ratifies a new legislation, it should first of all mean invalidating a number of conventions and decisions ratified prior to that.

“We are a country, which has ratified the Convention with all its protocols, including the decisions made by the European Court of Human Rights based in Strasbourg, just like Russia has done. The practice, which is effective in RF in terms of the legislative amendments and application of legislation, apparently contradicts the CoE principles. Here the persecutions against both the political prisoners and business entities in the economic sector, disappearance of people in the criminal sector, illegal trials, and suspension of NGO activities are meant.  But it is already more of a challenge for the Council of Europe having a member country whose policy fully contradicts the CoE principles.  If the CoE has to consider certain things in the relations with the RF, since the latter is a nuclear country, then it cannot be predicted what will happen in relation to Armenia.”

“Rule of Law” NGO President, lawyer Artak Zeynalyan said that in any case those legislative amendments should be approved by the National Assembly and the Parliament may not approve them. The lawyer also stated it was difficult and impossible to immediately say whether or not those laws and amendments will contradict the undertaken international treaties.

“Will the laws contradict or not the international treaties undertaken by Armenia, it is now difficult to say it for sure until they are adopted. If there are such contradictions, then they might be declared by the Constitutional Court as contradicting and invalid and can be appealed to the CC and the European Court of Human Rights and after examining the case the court will decide whether or not a breach of human rights has occurred. At this point, it is difficult for me to state whether or not the law, which does not exist in the draft, will contradict the conventions”.

By the words of Artak Zeynalyan, the fact that the official language in the Customs Union is Russia is remarkable. While this means that all of the official decisions are made in Russian, which according to the human rights activist, is a grave violation of the RA Constitution and effective laws.

“It is also anti-constitutional that the Government’s decision is in Russian. The only official language in Armenia is Armenian as prescribed by the RA Constitution”, he stated.

Source:http://galatv.am/hy/news/anaparhayin-qartezi-pahanjnery-hakasum-en-ahmanadrutyany-ew-mijazgayin-konvencianerin/