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)

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SUMMARY
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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.

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HAMMARBERG OFFERS "CONSTRUCTIVE CRITICISM"
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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.

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CURRENT INQUIRY NEITHER CREDIBLE NOR IMPARTIAL
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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.

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TOUGH MESSAGE ON DETAINEES
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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.

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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."

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HAMMARBERG TO REPORT IN SEPTEMBER
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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.

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COMMENT
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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