EUROPEAN COURT RULES IN FAVOR OF INDEPENDENT TV STATION IN

UNCLAS SECTION 01 OF 03 YEREVAN 000544 SENSITIVE SIPDIS DEPARTMENT FOR DRL, EUR/CARC, EUR/PPD E.O. 12958; N/A TAGS: PGOV PHUM OPRC KMDR KPAO AM SUBJECT: EUROPEAN COURT RULES IN FAVOR OF INDEPENDENT TV STATION IN ARMENIA Ref: Yerevan 494 YEREVAN 00000544 001.2 OF 003 (U) Sensitive but unclassified. Please protect accordingly. -------------- SUMMARY -------------- ¶1. (SBU) In a June 17 decision, the European Court of Human Rights upheld the independent A1 Plus television company's complaint against Armenia's National Commission on Television and Radio (NCTR) for improper license revocation. The ruling follows six years of A1 Plus re-applications, all of which have been denied. Media representatives cheered the ruling, but remain skeptical that A1 Plus' license would be restored. Authorities insist that no broadcasting frequency is technically available for A1 Plus, even if they did want to put it back on the air. END SUMMARY. -------------- ECHR'S RULING ON A1 PLUS -------------- ¶2. (SBU) On June 17, the European Court of Human Rights ruled that the NCTR -- Armenia's broadcasting regulatory agency -- had interfered with the right of the independent A1 Plus TV company to freely share information and ideas as envisioned by Article 10 (Freedom of Expression) of the European Convention of Human Rights and Fundamental Freedoms. The court ruling found that the NCTR's termination of A1 Plus's license lacked appropriate transparency and procedural standards, and had the improper effect of eliminating a valid political voice from the Armenian media environment. The failure to grant a broadcasting license to A1 Plus TV, which has applied for twelve permits since 2002, was deemed by the court to be a violation of Armenia's international commitments. The court awarded A1 Plus 20,000 euros in damages and 10,000 euros for legal costs and expenses. A1 Plus has continued to operate as an internet news agency since losing its television license. ¶3. (SBU) The decision was long-awaited by pro-opposition activists in Armenia, who have harshly criticized the authorities for their crackdown on media freedoms after the violent March 1-2 events in Yerevan. During the recent State of Emergency, A1 Plus's online website achieved a prominent status among oppositionists as one of the only domestic sources of independent information. (NOTE: Authorities blocked the A1 Plus website, along with numerous other sites, during the State of Emergency, but they had difficulty keeping up with the proliferation of websites that began carrying A1 Plus video footage and information during the crisis. Users also posted A1 Plus video on YouTube and similar outlets. END NOTE.) -------------- VARIED REACTIONS TO THE RULING -------------- ¶4. (SBU) The director of A1 Plus, Mesrop Movsisian, told Emboff that the decision of the court was a moral victory for the TV station. He downplayed the 30,000 Euro compensation which the Armenian government is required to give the company, adding that A1 Plus had originally requested $1,300,000 (about 812,5000 euros) in compensation for damages related to the station's closure. Movsisian speculated that the court had reduced the amount of the judgment in an attempt to appease the Armenian authorities. ¶5. (SBU) Buoyed by the ruling, international organizations and Armenian media leaders quickly called on the authorities to provide a frequency to A1 Plus. Terry Davis, the Secretary General of the Council of Europe, issued the following statement on June 19: "Television is a very influential part of the media. The decision of regulatory bodies on the award, refusal and withdrawal of a broadcasting license can have a direct bearing on freedom of expression and therefore on the functioning of democracy. The decision of the European Court of Human Rights brings an end to the long drawn-out saga about the refusal of the Armenian authorities to award a broadcasting license to A1 Plus television station." The New-York based Committee for the Protection of Journalists called on Armenian authorities to view the ruling of the court as a mandate to grant A1 Plus a broadcasting license. During his June 23-25 visit, DRL A/S Kramer also raised the issue in his meetings with Armenian officials, including with Prime Minister Tigran Sargsian. At his pre-departure press conference, Kramer highlighted the ECHR's decision and urged the authorities to reinstate A1 Plus. ¶6. (SBU) Boris Navasardian, chairman of the Yerevan Press Club, told Emboff that he hopes the court's decision will have a "sobering effect" on the authorities and "help them realize that it is impossible to live in a civilized community by ignoring its norms YEREVAN 00000544 002.2 OF 003 and endangering the international reputation of the country and its people." In a press statement, he added that "We urge the competent bodies of Armenia not to limit themselves to monetary compensation stipulated by the ruling of the European Court, but to adopt, in accordance with the legislation of the country, prompt measures to enable the TV company to come back on the air as soon as possible. ¶7. (SBU) Emphasizing that only one of the several claims filed by A1 Plus had been upheld by the court, Armenia's Deputy Justice Minister Gevorg Kostanian stated that "With this verdict the Republic of Armenia has won rather than lost." He added that "The Republic of Armenia does not consider that it is a decision against it. Rather, from now on, this decision will guide the National Television and Radio Commission to state in detail the reasons for both granting and refusing to grant a broadcasting license." -------------- MEDIA LEADERS SKEPTICAL ABOUT RULING'S IMPACT -------------- ¶8. (SBU) While Armenian media outlets publicly cheered the court's decision, many media leaders remain skeptical that the government will ease pressure on journalists and lift general restrictions on the media. Harry Tamrazian, the Prague-based RFE/RL director of the Armenia Liberty news service, told Emboff he doubts that A1 Plus will be reinstated anytime soon. Tamrazian contended that only steadfast international pressure on the government could speed up the process. He said that the Council of Europe's Secretary General "will push hard and so should the United States. At some point, the government will have to admit that out of 17 private channels, they must allow at least one that isn't linked to them." Levon Barseghian, chairperson of the Gyumri-based Asparez Journalist Club, agreed about the merits of continued international pressure to improve media freedoms. He said the recent slackening of media restrictions that have resulted in TV coverage of opposition activities (ref A) have been allowed by the authorities only in order to "avoid harsh sanctioning at the June session of PACE." -------------- PACE SESSION A BLOW TO RULING? -------------- ¶9. (SBU) In its June 25 discussion of Resolution 1609, which reviewed Armenian authorities' compliance with PACE demands issued on April 17, the Parliamentary Assembly of the Council of Europe backed away from its original call for reinstating A1 Plus "without further delay." Oppositionists interpreted the omission in the final draft as PACE caving to the Armenian authorities. The final draft makes only a general call for the fairness and transparency of broadcasting license biddings administered by a government-controlled regulatory body. ¶10. (SBU) The change in PACE's approach elicited a sharp attack by A1 Plus's Movsisian, who described as an "obvious lie" the statement made by the leader of Armenia's PACE delegation that there were no available frequencies in Armenia that could ostensibly be used to put A1 Plus back on the air. The issue of frequencies also evoked a June 27 response by Grigor Amalian, the controversial chairman of Armenia's National Commission on TV and Radio, who disputed Movsisian's statement, saying that out of the 60 frequencies currently available in Armenian, it is only possible to use those permitted by law. Amalian added that "This is a technical and not a discretionary restriction," and added that "Armenia is making maximum use of its TV range." ¶11. (SBU) Aram Abrahamian, the chief editor of the opposition Aravot (Morning) daily, also weighed in on June 27, claiming that "Even a 6th grade pupil would not believe the statements of the authorities that there is no frequency available for A1PLUS. The same can be said about the issue of political prisoners and rallies." The Aravot article wondered out loud why PACE "bosses" easily agreed to corrections suggested by the pro-government "emissaries" of the Armenian delegation to PACE. Abrahamian speculated that the Armenian delegation got away with what they did in exchange for not disputing another PACE resolution currently being debated on Azerbaijan that makes some "unpleasant formulations about the Nagorno-Karabakh issue." -------------- COMMENT -------------- ¶12. (SBU) If the authorities allow A1 Plus back on the air, it would be a landmark sign of reform, and a vital development in improving media freedoms in Armenia. Unfortunately, after a few positive YEREVAN 00000544 003.2 OF 003 words from government insiders before the presidential inauguration, we have had no recent indication of any government desire to reinstate A1 Plus, or reform the badly out of balance media sector more generally. We can only hope that the ECHR -- whose judgments have usually been respected here -- will have better luck in spurring Armenian authorities to do the right thing. END COMMENT. PENNINGTON