NEW LAW ON DEMONSTRATIONS GIVES GOVERNMENT BROAD

C O N F I D E N T I A L YEREVAN 000241

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/19/2018
TAGS: PGOV PREL PHUM KDEM AM
SUBJECT: NEW LAW ON DEMONSTRATIONS GIVES GOVERNMENT BROAD
DISCRETION TO DENY PUBLIC ASSEMBLY


Classified By: CDA Joseph Pennington for reasons 1.4b and d.


1. (U) Armenia's National Assembly on March 17 passed a new
Law on Rallies and Marches, in a hurry-up procedure that
compressed into one day a legislative process that normally
unfolds over several weeks. The new law allows
municipalities to refuse to permit demonstrations "in the
event there is reliable information that they are aimed at
bringing down the constitutional order, inspire national,
racial, or religious hatred, contain urges of violence or war
or may lead to disturbance of state security, public order,
public health, constitutional rights of other people and
violation of their freedoms." According to the amendments,
"information may be considered reliable if the Police or
National Security Service has presented an official
explanation."


2. (C) The revision also grants authorities the right to deny
permission for public rallies in the wake of any event that
resulted in violence until the investigations into that
violence are complete. In effect, that would seem to give
authorities the right to impose a blanket ban that could
easily last a year or more.


3. (C) The session gave new meaning to legislative
efficiency. The bill passed both first and second readings
with little opposition. The bill also contained language for
its provisions to go into effect immediately upon President
Kocharian's signing, which was accomplished March 18. (NOTE:
Normally a waiting period between the President's signing
and the new law's entering into effect would be required, but
with this added provision, the law will be in effect when the
State of Emergency expires March 20. END NOTE) MPs were
given a copy of the bill only two hours before the session
began at 6:30pm. According to opposition MP Stepan Safarian
of the Heritage Party, MPs were never told who had authored
the bill, except that the Speaker claimed it had come from
"all parties present" besides Heritage. MP Safarian then
asked the Speaker why MPs from supposedly supporting parties
were asking questions of the bill's sponsor during the
debate, a question that was left unanswered. (NOTE: Safarian
is convinced--plausibly enough--that the legislation came
from the Presidency. END NOTE.)


4. (C) An early test of authorities' post-State of Emergency
intentions and tactics will come March 21. Anonymous
pro-opposition organizers have circulated plans via email
(see septel on "samizdat" style information network) calling
on supporters to form a human chain of silent protest from
17:00-19:00 March 21. The route is to extend from Freedom
Square, where opposition rallies took place from February
20-29, through the center of the city, to the French Embassy,
the site of the police crackdown on protesters on the night
of March 1-2. In an apparent bid to avoid running afoul of
demonstration restrictions, the e-mail tells participants not
to stand closer than one meter from each other, to wear black
clothes or armbands, and to stand silently holding a picture
of a victim of the GOAM's repression since March 1. The
e-mail further instructs participants not to block traffic,
cluster together and or be drawn into confrontations with
police, but to disperse quietly if challenged and return
later.


5. (C) COMMENT: Armenia's previous law on public assembly
had been rather liberal. This revision gives authorities
much more sweeping discretion to refuse permission for public
demonstrations for a variety of reasons, and a simple
assertion of valid grounds by law enforcement agencies is
sufficient. The provision about waiting for investigations
to be completed suggests that authorities may be maneuvering
to effectively ban public demonstrations for a considerable
time, in effect embedding into regular law one of the key
provisions of the State of Emergency (SOE). This looks like
part of an emerging GOAM strategy formally to lift the SOE --
hoping thereby to ease international pressure -- while
preserving several key restrictions indefinitely. END
COMMENT.
PENNINGTON