Draft - September 2001

The Law of the Republic of Armenia

on the Struggle against Terrorism

Chapter I

General Provisions

Article 1. The subject regulated by the law and the purpose of the law

The following law defines the term "terrorism" and endorses the legal grounds for actions against terrorism.

The following law is directed towards the ensuring the individual’s, society’s and state’s security from terrorism.

Article 2. The Republic of Armenia Legislation on Struggle against Terrorism

The constituencies of the RoA Legislation on Struggle against Terrorism are the RoA Constitution, the following law, the RoA Criminal and Procedural Codes, other laws, normative and legal acts as well as the relevant international treaties.

If the international treaties foresee other rules than those defined in the following law, than the norms defined in the international treaties overwhelm.

Article 3. The Original Principles of Struggle Against Terrorism

The original principles of anti-terrorism struggle are:

1. Legitimacy

2. The priority of terrorism forewarning measures

3. The unequivocal punishment for actions of terrorism

4. Implementation of both public and confidential antiterrorism methods

5. The priority of defending people endangered due to terrorist actions

Article 4. The Main Terms Used in the Following Law

The main terms used in the following law are:

1. Terrorism – performance, preparation and funding of terrorism actions performed by a terrorist, terrorist group or terrorist organization.

2. Terrorism actions – explosion, ignition and other actions which are dangerous as they might cause people’s death, paramount economic loss or other dangerous outcomes for the society; which are performed with a view of undermining public security, terrorizing the population, imposing decisions on the authority or terminating the political process; the assassination of a state of public actor as well as the danger of performing the above mentioned actions directed to the same end, or the attack against a foreign state representative, international security donated employee of international organization, his family members, their transportation means, office or residence, if those actions aim to lead to war or worsen international relations, as well as the danger of performance of the above mentioned actions.

3. Preparation of terrorism action - attainment of agreements, purchase, preparation or adjustment of means or tools to perform direct forethought terrorism actions, when the terrorism action is not completed due to circumstances which do not depend on one’s will.

4. Terrorism attempt - directly planned and performed terrorism action, which is not completed due to circumstances which do not depend on one’s will.

5. Terrorist – person who has performed, prepated or attempted to perform a terrorism action.

6. Terrorist group – group of persons that has performed, prepared or attempted to perform a forethought terrorism action.

7. Terrorist organization – a stable unity of two or more people who have come together to perform a terrorism action(s), as well as a unity of terrorist groups with the same purpose.

8. Struggle against terrorism – actions to warn against, discover and prevent terrorism action.

9. Antiterrorism action – special measures directed towards prevention of terrorism actions, insurance of state and persons security and disarmament of terrorists.

Article 5. State Bodies Performing the Struggle Against Terrorism

Struggle against terrorism is performed by state bodies empowered by the Republic of Armenia Government, within the framework of powers given to them by RoA Legislation.

Specialized divisions for struggle against terrorism as well as antiterrorism armed groups could be formed in the bodies enlisted in the first part of the following Article.

The bodies that struggle against terrorism solve the facing problems both on their own and in cooperation with other state bodies.

The types of cooperation between state bodies that struggle against terrorism are defined by the RoA Legislation.

The collaboration of state bodies that struggle against terrorism with the corresponding foreign state bodies is built on international (multilateral), also interdepartmental agreements.

Article 6. Support to Bodies Struggling Against Terrorism

The RoA State government and local self government bodies, civilians and organizations, independently from their organizational, legal and ownership type, must support the bodies that struggle against terrorism, when the latter are performing their duties.

Article 7. Legal Defense Guarantees for Persons Participating in Struggle against Terrorism

Those actions, which were performed on the part of officials and employees of the bodies that struggle against terrorism, as well as those who have supported them, while they were performing their legitimate duties and that aimed at the protection of civil populations’ life, health, constitutional rights and legitimate interests, as well as protection of public and state security from criminal encroachment are not deemed as an offence.

Legal are deemed those actions, which were performed according to the RoA Legislative norms regulating the struggle against terrorism, within the framework of official or public duties and were directed to the protection of civilian’s rights and legitimate interests, as well as to the prevention of a bigger damage threatening the public or state security, if under the given circumstances there was no other option to perform official or public duty.

The intentional murder of or injure to a person is not deemed a criminal offense, if it was done for self defending or other important reasons.

Article 8. Additional Guarantees of Legal and Social Protection for Persons Participating in Struggle against Terrorism

Legal and social protection of people working in the state bodies that struggle against terrorism and their families is performed according to the rules defined by RoA Legislation.

Chapter 2.

Terrorism Alert, Detection and Prevention. Responsibility for Terrorism.

Article 9. Terrorism Alert

Terrorism propaganda related activities as well as the formation and operation of terrorism organizations is forbidden.

Non governmental or other organizations propagating terrorism or participating in are subject to termination according to the RoA Legislation.

Article 10. Terrorism Detection

The state bodies that struggle against terrorism with a view of terrorism detection use the forces and means under their disposal according to the RoA Legislation.

State bodies and officials, organizations and physical entities, that are not entitled the right to fight against terrorism, must inform the relevant legal bodies of terrorism facts known to them and provide the available data.

Article 11. Terrorism Prevention

During terrorism prevention, all the means foreseen by the RoA Legislation are implied, including the physical elimination of terrorists in the result of anti- terrorism actions.

Article 12. Forces and Means Harnessed During Terrorism Prevention

Anti-terrorism activities are provided on the part of state bodies, special cervices and specialized divisions, including the anti-terrorism armed groups, empowered by the RoA Government.

Article 13. Legal Regime of Anti-Terrorism Zone

In the Anti-Terrorism zone the persons performing anti-terrorism action have the right to:

1. To take measures to limit or forbid persons and transport movement on the ways and streets, close the access to different sections of the site and closed spaces for the civilians and transportation, including diplomatic representatives and diplomatic institution’s transportation means, to evict civilians and transportation means from different sections and closed spaces when needed.

2. To check the passports of officials and civilians, and in case the documents are absent, arrest them with a view of identification.

3. Arrest and bring to anti-terrorism state bodies or special services those persons, who performed or attempted to perform terrorism actions or actions directed against the legal claims of persons performing antiterrorism actions, or actions related to illegal access to the antiterrorism activity zone or terrorism funding.

4. Have a free access to residence or other buildings that belong to physical or legal entities, to the neighboring space sections, transportation means, with the exception of buildings, spaces or transportation in the belonging of diplomatic or consular representatives, to pursue (chase) persons who have committed terrorism actions or are terrorism suspects.

5. To hold examination of people, their things, transportation means and things transported in them, also by using technical examination equipment , when letting them in and out of antiterrorism zone.

6.To use communication means belonging to physical and legal entities for official purposes.

7. In urgent cases to use transportation means belonging to physical and legal entities, with the exception of those belonging to diplomatic and consular representatives and international organizations.

Article 14. Holding Talks with Terrorists

In order to protect civilians and their health, their assets, and while examination of possibilities to prevent terrorism, persons performing antiterrorism actions can hold talks with terrorists.

During antiterrorism action performance the priority is given to talks, if possible.

During talks with terrorists, the surrender of a person, arms or other means and subjects to terrorists, the use of which could endanger civilian’s life and health, as well as fulfillment of terrorists political claims can not be considered as a discontinuation of a terrorism action.

The fact of holding talks with terrorists does not serve as a ground or condition for discharging the terrorists.

Article 15. Limiting the access to information on terrorism action

It is forbidden to disseminate information, which

1. Reveals the technical means and behavior of antiterrorism action.

2. Can create impediments towards antiterrorism action performance and endanger civilians’ life and health.

3. Is directed towards justification or propaganda of terrorism and extremism.

4. Contains data about the servants of state bodies and special cervices who participated in antiterrorism action, or about persons who supported antiterrorism action.

Those who dissemination the information defined in the first part of the following Article are subject to accountability according to the RoA Legislation.

Article 16. End of Antiterrorism Action

The antiterrorism action is ended, if the terrorism action is prevented and the threat to civilian’s life and health is eliminated.

Article 17. Responsibility for Terrorism

Terrorists as well as their supporters are held responsible according to the procedures defined by the RoA Constitution.

Chapter 3

Antiterrorism Legitimacy Control

Article 18. Control over the Struggle against Terrorism.

The control over the struggle against terrorism is performed on the part of RoA President and RoA Government within the framework of their powers entitled to them according to the RoA Legislation.

The administrative supervision of the activities performed by the bodies that struggle against Terrorism is carried by state bodies and their officials authorized by the RoA Government.

Chapter 4

Concluding Provisions

Article 19. The Responsibility for Violating the Following Law

The violation of the following law leads to responsibility as defined in the RoA Legislation.

Article 20. The Enforcement of the Law

The following law comes to force from the day of its publication.

RoA National Assembly

Head of the Office

RoA National Assembly Office, Economic Analysis Department

12 September 2001