COE HUMAN RIGHTS COMMISSIONER FINDS TOUGH SLEDDING

C O N F I D E N T I A L SECTION 01 OF 02 YEREVAN 000580 SIPDIS DEPT FOR EUR/CARC AND DAS BRYZA NSC FOR MARIA GERMANO E.O. 12958: DECL: 07/16/2018 TAGS: PGOV PREL KDEM AM SUBJECT: COE HUMAN RIGHTS COMMISSIONER FINDS TOUGH SLEDDING WITH ARMENIA ON KEY ISSUES YEREVAN 00000580 001.2 OF 002 Classified By: CDA JOSEPH PENNINGTON, REASONS 1.5(B)(D) -------------- SUMMARY -------------- ¶1. (C) Council of Europe (COE) Human Rights Commissioner Thomas Hammarberg gained little traction with Armenian authorities on his key concerns during a July 13-15 visit to Yerevan. Hammarberg's discussions with President Sargsian and other top GOAM officials were focused on two main issues: political detainees, and the investigation into the violence of March 1-2. He found little if any likelihood of positive movement on detainees, saying his meetings only reinforced the "political context" in which investigations and prosecutions are proceeding. Hammarberg detected a bit more flexibility on the March 1 inquiry, but made clear that the COE does not view the current effort by the Armenian parliamentary commission as either credible or impartial. He warned the GOAM of a "very negative and critical" report to PACE monitors absent significant positive changes by early September. End summary. -------------- HAMMARBERG OFFERS "CONSTRUCTIVE CRITICISM" -------------- ¶2. (C) COE Human Rights Commissioner Thomas Hammarberg briefed Chiefs of Mission July 15 on the results of his July 13-15 meetings with senior Armenian officials on the continuing fallout from the February presidential election and post-election violence of March 1-2. Hammarberg's visit included a 90-minute meeting with President Sargsian, extensive discussions with Prosecutor General (PG) Aghvan Hovsepyan, Parliament Speaker Tigran Torosian, and Justice Minister Gevorg Danielyan, as well as calls on opposition and civil society groups and prison visits to political detainees. Hammarberg characterized his meetings with officials as "difficult," and was generally downbeat on the possibility of short-term progress. Hammarberg said he had offered "constructive criticism" of the Government's performance on two key issues: political detainees and an independent inquiry into the March 1 events. -------------- - CURRENT INQUIRY NEITHER CREDIBLE NOR IMPARTIAL -------------- - ¶3. (C) Hammarberg said he had spoken at length with Armenian officials about the need for a credible, impartial investigation into the violence of March 1-2. Specifically, he stressed the need to separate the task of fact-finding from the larger political backdrop against which those events took place. Hammarberg made clear that he views early efforts by the commission of inquiry established in the National Assembly as "neither credible nor impartial." While holding the authorities mostly responsible for the inquiry's failings, Hammarberg also criticized opposition leader Levon Ter-Petrossian (LTP) for boycotting the commission without ever offering ideas on how it could have been organized in a more effective way. ¶4. (C) Hammarberg described both President Sargsian and Speaker Tosrosian as "bouncing from one extreme to the other" in discussions about the commission. While both men remain fixated on blaming only LTP and his supporters for March 1, they also showed intermittent interest in how the parliamentary commission might be altered to bring it more in line with international expectations. The officials said they remain open to the idea of bringing "international experts" to participate in the commission's work, but Hammarberg said the COE would only consider such a request if the current commission is reconstituted in a way that would attract some opposition participation. He urged the GOAM to engage in dialogue with parliamentary opposition leader Raffi Hovanissian on this subject, as Hovanissian has indicated an interest in participating under certain conditions. Hammarberg said he had detected "some flexibility" by Armenian officials on this point. -------------- TOUGH MESSAGE ON DETAINEES -------------- ¶5. (C) Hammarberg said he was much less sanguine on the possible release of political detainees, an issue on which he had been "very critical" with the authorities. YEREVAN 00000580 002.2 OF 002 Interestingly, Hammarberg recounted that when he told President Sargsian that a process in which no charges have been filed against officials, and in which political oppositionists are being held on vague charges stemming from even more vague points of law simply lacks credibility, it was "almost as if the President was hearing that for the first time." (Comment: While the President may well have been feigning ignorance to avoid what is for him a difficult issue, we also continue to have concerns that Sargsian's staff protects him from significant truths. End comment.) ¶6. (C) Hammarberg noted that there is "a clear political context" in which the current prosecutions are moving forward, an interpretation that was "only reinforced" by his conversation with the Prosecutor General. The PG was unable to respond effectively to Hammarberg's concerns that many detainees are being prosecuted based solely on police testimony, and that some had been convicted despite police officials having retracted their written testimony in court. Hammarberg said he had rejected a request by the PG's office to provide forensic experts to assist in the investigation, arguing that it would be counterproductive to "assist in a process which is obviously flawed." -------------- HAMMARBERG TO REPORT IN SEPTEMBER -------------- ¶7. (C) Hammarberg said he had been "very clear" with the President and other officials that he would issue "a very critical and negative report" to monitors at the COE Parliamentary Assembly (PACE) if there is not significant progress on these issues by early September. LTP lieutenant David Shakhnazarian told CDA on July 17 that Hammarberg had also raised the possibility that he would recommend that PACE appoint a rapporteur to focus exclusively on the issue of political detainees in Armenia. The deadline for Hammarberg's report is September 11. ¶8. (C) Hammarberg also visited eight of the detainees in two separate Yerevan prisons to check on the conditions under which they are being held. He reported that while prison conditions are generally poor, the political detainees are not being treated worse -- and perhaps even slightly better -- than other prisoners. -------------- COMMENT -------------- ¶9. (C) Hammarberg's perception of Armenia's efforts on the March 1 inquiry and political detainees largely parallels our own. Despite periodic hints -- most recently from President Sargsian himself to the French Ambassador -- that the President is planning to amnesty a significant number of political detainees, there is no real sign of progress in resolving their cases. The prosecutorial machine continues to grind out conviction after tainted conviction, further reducing the already dim prospects for serious dialogue between authorities and opposition. We agree with Hammarberg's assessment that prospects for changes to the format of the parliamentary commission are somewhat more promising. Despite its shortcomings and the lack of opposition participation, the commission has at least started to raise some uncomfortable questions about March 1, thereby sparking a more healthy public debate about those events. The energetic of the Ombudsman are another bright spot, which also contributes a positive element to the public discussion. We will continue to work actively with the commission's chairman and opposition leaders in parliament in an effort to enhance the credibility of the inquiry. PENNINGTON