TEXT OF AMNESTY DECLARED BY ARMENIA'S PARLIAMENT

UNCLAS SECTION 01 OF 03 YEREVAN 000440

SIPDIS

E.O.12958: N/A
TAGS: PGOV PHUM PREL KDEM KJUS AM
SUBJECT: TEXT OF AMNESTY DECLARED BY ARMENIA'S PARLIAMENT

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1. Enclosed is post's unofficial translation of the text of the
proposed amnesty that Armenia's President Serzh Sargsian sent to
Hovik Abrahamian, the Speaker of Armenia's National Assembly
(parliament),requesting parliament to consider an amnesty that
would affect some but not all of the approximately 48 opposition
supporters arrested and convicted for their political activities
related to Armenia's disputed February 19, 2008 presidential
election. ThE election resulted in ten days of around-the-clock
protests by supporters of ex-President Levon Ter-Petrossian
contesting his loss, which was followed by security forces breaking
up the demonstrations and clashes breaking out between security
forces and protesters that resulted in the loss of at least ten
lives during the course of March 1-2, 2008. The amnesty was
declared late on June 19, exactly 16 months to the day after the
disputed election, by a margin of 98-1 votes, with three MPs
abstaining. See septel for more on the amnesty and its
significance.


2. Begin text:

H.E. Excellency NA Speaker

Dear Mr. Abrahamian,

Guided by Article 70 of the Constitution of the Republic of Armenia,
I propose to convene an NA extraordinary session on June 19, 2009 at
12:00, to include the proposal of declaring amnesty into the
agenda.

Based on provisions of part 1 of Article 81 of the RA Constitution,
I propose to declare amnesty in accordance with the following
conditions:


1. To exempt from liability:
a) persons sentenced to maximum of three years of imprisonment;
b) persons, whose sentences were not suspended or deferred;
c) persons, whose sentences did not envisage deprivation of
liberty.


2. To exempt from liability persons sentenced to a maximum of five
years of imprisonment:
a) persons with 1st and 2nd category of disability;
b) persons aged 60;
c) persons who committed crimes before reaching the age of 18, who
had not served prison sentences for committing willful crimes in the
past or had served those, but have no criminal record;
d) veterans of World War II and participants of military operations
for the defense of the Republic of Armenia, or persons who, under
the legislation of the Republic of Armenia, enjoy a status
equivalent to those or that of a victim of repression, and who had
not served prison sentences for committing willful crimes in the
past or had served those, but have no criminal record;
e) persons who are the spouses, children and parents of victims of
military operations aimed at the defense of the Republic of Armenia
or of the people who enjoy the equal status and who had not served
prison sentences for committing willful crimes in the past or had
served those, but have no criminal record;
f) persons who committed a crime connected to 2008 March 1-2 events
in Yerevan.


3. To exempt from liability persons not convicted previously for
willful crimes who are sentenced to
a) a maximum of five years of imprisonment, but who, by the time of
entering the amnesty act into effect, had served at least 1/3 of
the sentence;
b) a maximum of ten years of imprisonment, but who, by the time of
entering the amnesty act into effect, had served at least 1/2 of the
sentence.


4. To exempt from liability for committing crimes by negligence:
a)persons who were sentenced to a maximum of five years of
imprisonment;
b) persons who were sentenced to a maximum of ten years of
imprisonment, but, by the time of entering the amnesty act into
effect, had served at least 1/3 of their sentence.


5. Not to initiate criminal prosecutions based on the materials of
criminal cases and not to conduct criminal prosecution, as well as
to terminate criminal cases pending before the inquiry bodies, the
investigation bodies and the courts on the crimes committed prior to
June 1, 2009, in which cases:
a) the persons can be or are actually charged with crimes the
maximum punishment for which does not exceed
three years of imprisonment;
b) the persons listed in paragraph 2 of this Decision can or are
actually charged with crimes crimes the maximum punishment for which
does not exceed five years of imprisonment;
c) the persons can or are actually charged with crimes by negligence
the maximum punishment for which does not exceed five years of
imprisonment;
d) the persons can or are actually charged with crimes, for which
solely the criminal penalties not linked to deprivation of liberty

YEREVAN 00000440 002.2 OF 003


are envisaged.


6. To discontinue monitoring persons paroled pre-term, if, in the
event of their failure to be paroled pre-term , they would have
nonetheless been freed from liabilities based on paragraphs 1-4 of
this proposal.


7. To reduce the sentence:
a) by 2/3 in relations to persons who committed crimes by
negligence;
b) by 1/2 in relation to the persons listed paragraph 2 of this
decision
c) by 1/3 in relation to persons sentenced to a maximum of 10 years
of imprisonment for commitment of willful crimes


8. Amnesty shall not apply to:
a) persons who maliciously violated the order of service of sentence
prior to the day of amnesty enactment.
b) persons whose sentences were reduced, or who were freed from
serving the sentence for willful crimes by the pardon decree by the
President of the Republic of Armenia, or the amnesty decisions of
the National Assembly of the Republic of Armenia, or whose criminal
charges were dropped in accordance with amnesty decisions of the
Republic of Armenia, but who repeatedly committed willful crimes
with the exception of instances when 10 years have elapsed from the
time of purge of criminal records for commitment of those crimes;
c) persons who repeatedly committed willful crimes at penitentiaries
prior to the date of amnesty enactment;
d) persons who remained wanted, with the exception of whose who
prior to July 31, 2009 inclusive, on their own accord would present
themselves before the law enforcement bodies of the Republic of
Armenia, or before court if their cases were pending court
proceedings;
e) cases of recidivism of extremely high danger;
f) persons who had not compensated other persons for infliction of
material damage, as prescribed by court decision;
g) to persons who committed or were convicted for commitment of
crimes pursuant to the following articles of the Criminal Code: 104,
112, 123 (3),126 (2,3),131 (2,3),132 (1),133 (2, 3),138 (2, 3),
139 (2, 3),142, 163, 164, 165 (3, 4),166 (3),168, 175, 176 (2,3),
177 (3),178 (3),179 (3),180 (3),181 (3),182 (2,3),183 (3),185
(3),190 (2,3),200 (3,4),202, 203 (3),208, 215 (2,3,4),217-224,
226, 227 (2),228 (2),229 (2),230 (2),231 (2),233 (3),234 (3),
235 (2,3),237 (2,3),238 (2,3,4),241 (3),242 (3),245 (3),246
(3),247 (3),248 (3),254 (3,4),258 (3,4),261 (2,3),262 (2,3),
264 (2),265, 266 (1,2,3),268 (2,3),269, 272, 274 (2),275 (2,3),
280 (2,3),284 (4),287 (4),296 (2),297 (2),299, 300-300.2, 301
(1),302-305, 311 (3,4),312 (3),316 (2),319, 327, 329 (2),
334.1.2, 336, 340 (2,3,4),341, 347 (4),348, 349 (3),352 (3),355,
356 (3),357 (2,3),358 (2,3),359 (3,4),361 (6),362 (2,3),363
(3),364 (3),365 (3),366 (3),367 (3),368 (3),369 (3),371 (3),
373 (4),375 (2,3),377 (3),378 (2),379-397.1

h) persons who have committed several offences, and at least one of
those offences is not covered by this amnesty decision.
i) persons, who were pre term released from punishment for an
intentional crime and were convicted again for another intentional
criminal offence; committed during the time they have been released
from serving the punishment.
j) persons, towards whom punishment hasnQt been applied
conditionally (were convicted conditionally),and during the
probation period they have been convicted again for an intentional
offence.


9. The amnesty decision does not apply to additional punishments
imposed by court verdicts, except for asset/property confiscation,
in case the confiscation has not been executed at the moment of
promulgation of the Amnesty Decision.


10. The amnesty applies to persons, who pass mandatory medical
treatment from alcoholism and drug abuse at the places of
deprivation of liberty, only after they complete the medical
treatment course.


11. The amnesty decision applies to persons convicted by the
judiciary of other countries, and currently serving their terms in
the Republic of Armenia, in accordance with the articles of the
Armenian Criminal Code, which define the responsibility for their
actions.


12. Implementation of this decision shall be entrusted to:
a) courts:
- in relation to persons whose cases are pending court proceedings,
but had not been examined prior to entry into force of the Amnesty
Decision, or in relation to persons whose cases had been examined,
but verdicts did not enter into force;
- in relation to persons whose sentences were suspended, or service
of sentence was deferred. The issue of amnesty eligibility for the
abovementioned persons shall be resolved by court, based on
intermediation of the Subdivision for Alternative Punishment or
other authorized bodies in charge of monitoring convicts' behavior;


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b) Criminal Appeal Court of the Republic of Armenia:
- in relation to persons convicted by courts of the Republic of
Armenia who serve their sentences outside the borders of the
Republic of Armenia;

c) pre-investigation and investigation bodies:
- in relation to persons, whose cases or other related material are
being investigated by the abovementioned bodies;

d) heads of penitentiaries:
- in relation to persons who serve their sentence in
penitentiaries;

e) Subdivision for Alternative Punishment in relation to persons
who
- were convicted to punishment not envisaging deprivation of
liberty,
- were paroled pre-term, but whose behavior is monitored;

f) Commander of Penal Battalion:
- in relation to persons, who serve their sentences in the Penal
Battalion,

g) Service of Compulsory Enforcement of Court Decisions:
- in relation to persons who were sentenced to confiscation of
property.


13. Prosecutor shall approve decisions on amnesty application
adopted by pre-investigation and investigation bodies, heads of
penitentiaries, heads of subdivisions for alternative punishment,
heads of subdivisions of Service of Compulsory Enforcement of Court
Decisions, as well as Commander of Penal Battalion.


14. The Amnesty Decision shall be applied in relation to persons who
committed crimes prior to June 1, 2009.


15. On grounds of disability and age, the Amnesty Decision shall be
applied in relation to persons who were declared 1st and 2nd
category disabled up to one day (inclusive) prior to the adoption of
the Amnesty Decision, or who turn 60 before September 30, 2009.


16. In the event of amnesty application, the issue of purging
conviction records shall be resolved in an order prescribed by law.


17. In relation to persons kept in penal battalions and
penitentiaries of Ministry of Justice of the Republic of Armenia,
persons paroled pre-term, as well as those whose service of sentence
was deferred of suspended, or those who were sentenced to
punishment not envisaging deprivation of liberty, the Amnesty
Decision shall be executed by September 30, 2009.

End text.

Pennington