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Draft

12 September 2001

The Republic of Armenia

Law on Struggle Against Terrorism

The following law defines the legal and organizational grounds for the Struggle against Terrorism in the Republic of Armenia, the coordination of activities performed by antiterrorism bodies, organizations (independent from their legal status and organizational structure), officials and individual persons, as well as civilians' rights, duties and guarantees within the framework of the struggle against terrorism.

Chapter I. General Provisions

Article 1. Legal Grounds for Struggle against Terrorism

The legal grounds for the struggle against terrorism are the RoA Constitution the following Law, the RoA Criminal Code, other laws, international law norms, RoA International Treaties and other legal acts.

Article 2. Main Principles of the Struggle against Terrorism

The main principles of struggle against terrorism are:

1) Legitimacy,

2) Priority of warning measures,

3) Unequivocal accountability for terrorism action,

4) Combination of outright and confidential means of struggle against terrorism,

5) Complex use of preventive, legal, political, socio-economic, advocacy means,

6) The priority of defense of people endangered because of terrorism action,

7) Minimal concession to terrorists,

8) A solitary management of forces and means harnessed for antiterrorism actions.

9) Minimal publicity on antiterrorism technical means, actions, tactic and participants.

Article 3. The Main Terms

The following main terms are used in the following law:

Terrorism

1) An anti-legal and punishable action undertaken to endanger public security, influence authority decisions and terrorize population, namely:

coercion or threat of coercion towards physical or legal entities;

threat of people’s death or elimination (harm), threat of causing other hazardous public aftermaths;

attack on state or public actors, which takes place with a view of putting an end to his state or political activity or the revenge for such an activity.

2) Attack or other actions against office buildings or transportation means belonging to foreign state representative with international security privilege or to an international organization employee, which according to the legislation as well as to all the other legal acts regulating the struggle against terrorism, have been included into the definition of terrorism actions.

Terrorism Action—an action which includes:

1) organization, planning, preparation and implementation of terrorism actions;

2) provocation of terrorism action, coercion against physical persons or organizations, destruction of assets;

3) formation of illegal armed organization, criminal group for performing terrorism action, as well as participation to that action;

4) bringing the terrorists together, arming them, teaching them and using them;

5) Organizing a terrorism group, providing funding or other support to it.

International terrorism action –terrorism action that:

1) is performed by a terrorist or terrorist organization on the territory of more than one state or jeopardizes the interests of more than one state;

2) is performed by the population of one state against the population of other state or on the territory of other state;

3) is performed in those cases, when both the terrorist and the terrorized are civilians of the same or different states, but the crime has been committed out of the boundaries of those states.

Terrorism Action

1) a direct commitment of a terrorism crime by explosion, detonation, nuclear detonation equipment operation or threat and the use radioactive, chemical, biological, explosive, poisoning, highly effective poisoning materials or the threat of their use;

2) destruction, damage or conquer of transportation means or other closed spaces;

3) threat to the life of state or public actor, national, ethnic, religious or other group member;

4) kidnapping and taking hostages;

5) creating a threat or a real danger to the life, health or assets of limited circuit of people by means of technically created catastrophes and disasters;

6) occupation or destruction of infrastructures in cities and other dwellings, as well as the expansion of any threat by any means;

7) other actions which have created a threat of human death, causes paramount financial damage or dangerous consequences for public.

Terrorism-like crimes—crimes foreseen by the 61-63, 67,130*, 207 Articles of the RoA Criminal Code. Among these crimes could be considered those offences that are foreseen in the RoA Criminal Code, if those were committed with the purpose of terrorism. The RoA Criminal Code defines the accountability for these crimes.

Terrorist –a person participating in any kind of terrorism action.

Terrorism Group –a group of people united with a view of performing terrorism activity.

Terrorism Organization --an organization that is created to perform terrorism activity or recognizes the possibility of terrorism in his activities. The organization is deemed as terrorism, if one of its subdivisions has performed a terrorism act at least at the awareness of one of the leaders of the organization.

Struggle against terrorism– action directed to the disclosure, deterrence and decreasing the consequences.

Antiterrorism action –special measures that are directed to the prevention of a terrorism action, protection of physical persons, disarmament of terrorists and reduction of the terrorism action consequences.

Antiterrorism action zone –space, different sections, water spaces, transportation means, building, construction, territory and neighboring territories or water spaces, where the terrorism action is being performed.

Hostage –a kidnapped or imprisoned person who’s release depends on the performance of some action on the part of the state, organization or individuals or on the refusal to perform some action.

Article 4. RoA International Cooperation in the Struggle against Terrorism

In the sphere of struggle against terrorism, the Republic of Armenia cooperates with foreign states, their legal bodies and special cervices as well as with the international organizations fighting terrorism, according to international treaties.

Directed by person’s, state and public security interests, the Republic of Armenia on its territory pursues persons connected with terrorism actions, including those cases, when the terrorism actions were planned or performed beyond the RoA boundaries, however caused damage to the Republic of Armenia, in addition to other cases foreseen by international treaties.

Chapter II. Organization of Struggle against Terrorism

Article 5. The Objectives of the Struggle Against Terrorism

The struggle against terrorism in the Republic of Armenia is carried out for the following purposes:

1) protection of individuals, public and state from terrorism;

2) disclosure, prevention and deterrence of terrorism action and elimination of its consequences;

3) disclosure and elimination of the causes and circumstances that promote terrorism.

Article 6. Subject Performing the Struggle against Terrorism

The main subject that leads the struggle against terrorism, owns the necessary forces, means and conditions for that struggle is the RoA Government. In case of terrorism actions, at the decision of the RoA Prime Minister, operative division (committee) is organized, which is directed by the RoA Prime Minister. The heads of National Security and Internal Affairs bodies become his deputy directors in the division. The Minister of Defense (according to his post) and the representatives of the interested bodies in the executive authority join to that division. The state and local self-government bodies, within the framework of their authority and according to the RoA Legislation, participate in struggle against terrorism. Subjects performing immediate struggle against terrorism are:

The National Security bodies of the Republic of Armenia, RoA Interior Affairs bodies, RoA Defense Ministry; subjects participating in terrorism action disclosure, prevention and deterrence can be considered executive authority bodies that are engaged in each individual case at the decision of the RoA Government or Operative divisions, within the limit of their powers.

In case of dissolution, reorganization or renaming of the executive authority bodies enlisted in the following article, their functions transfer to their legal predecessors.

The RoA Government:

works out the national conception of struggle against terrorism in RoA, gives instructions to the subjects enrolled in the struggle against terrorism about increasing the efficiency of actions aimed eat finding the causes and circumstances that encourage terrorism and eliminating them;

approves the charter of the operative division that manages the implementation of antiterrorism measures;

occasionally discusses the status of antiterrorism struggle, the implementation and outcomes of its instructed actions, and the memorandums of the Executive authority republican branches immediately struggling against terrorism or participating in that struggle;

coordinates the actions of subjects immediately struggling against terrorism and the executive authority bodies;

participates in the drafting process of RoA international treaties concerning the struggle against terrorism;

works out proposals to improve the RoA Legislation concerning the struggle against terrorism.

Article 7. Powers of the Subjects Struggling against Terrorism

Subjects implementing the struggle against terrorism are directed by the following law, RoA and other laws, universally adopted international law principles and norms, RoA International treaties and normative legal acts, including the ones between agencies adopted on their bases.

The RoA national security bodies deal with terrorism crimes challenging the internal and external security of the Republic, as well as work towards discovering international terrorism crimes and interdicting them, ensuring the security of objects and persons that are under the state security umbrella and investigating the terrorism crimes as foreseen by the RoA Criminal Code.

The RoA Internal Affair bodies struggle against terrorism by discovering, preventing and eliminating the extremist crimes committed for one’s personal or profit reasons.

The RoA Defence Ministry ensures the security of mass destruction, missal and shelling arms, explosives and detonation materials, military objects as well as participates in providing secure flight spaces of the Republic of Armenia and antiterrorism action implementation.

Article 8. Main Functions of the Subjects Engaged in the Struggle against Terrorism

The Subjects enlisted in the Article 6 of the following law, who struggle against terrorism, perform the following functions:

a) with a view of revealing, preventing and eliminating terrorism actions and the circumstances encouraging those actions, they work out and implement organizational, regime, preventive and awareness raising measures;

b) create committees or other divisions and structures to fight against terrorism crimes and implement measures to increase the capability of those structures;

c) provide material, technical, financial, transportation and communication means, as well as information service, medical equipment and medicaments to bodies immediately fighting against terrorism.

The procedure of providing material, technical, financial, transportation and communications means, information and medical equipment is defined by the RoA Government.

Article 9. Support to Bodies that Struggle against Terrorism

The state and local self-government bodies, public unions and organizations (independent of their organizational bases), officials and civilians must support the bodies that struggle against terrorism.

It is everyone’s civil duty to tell about terrorism action and any terrorism related activity to judicial bodies, which can help to reveal terrorism action, prevent or deter it and eliminate its outcomes.

Chapter III. Implementation of Antiterrorism Measures

Article 10. Forces and Measures for Antiterrorism Actions Implementation

To perform antiterrorism action (measures) the operative division of antiterrorism activity management has the right to engage those forces, bodies and means of the executive authority, which participate in the struggle against terrorism according tot eh Article 6 of the following law.

The Republican bodies of the Executive Power provide the necessary arms, special means, transportation, communication and other financial and technical means to implement an antiterrorism measure. The forces of Disaster management division affiliate to the RoA Government further are engaged to eliminate the outcomes and perform recovery measures.

Article 11. Supervision of Antiterrorism Action

From the beginning of antiterrorism action implementation, all the military, associates and professionals engaged in that action are under supervision of the Head of the operative division that performs the antiterrorism action.

The head of the Operative division that performs the antiterrorism action defines the boundaries of the antiterrorism activity zone and the procedure of using the harnessed forces and means. State and other bodies do not have the right to interfere with the supervision of the operative division that performs the antiterrorism action.

Article 12. The Legal Regime of the Antiterrorism Activity Zone

Persons performing actions in the Antiterrorism Activity Zone 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 and consular 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 or the attempt to access the antiterrorism activity zone;

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, if otherwise peoples health and security would be endangered;

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 (including special means) for official purposes;

7) to use the transportation means belonging to organizations (independent from their organizational structure) (with the exception of those belonging to diplomatic or consular representatives) for official purposes, and in urgent situation use also transportation means belonging to population for getting to the place of the offense, pursue the criminal, performing urgent actions to arrest him as well as for taking persons that need medical help to the medical institutions.

The head of the operative division regulate the activities of the press and mass media representatives in the antiterrorism activity zone, if not otherwise foreseen in the law.

Article 13. Holding Talks with Terrorists

When performing antiterrorism actions, with a view of ensuring security of people’s life, health and assets and exploring the opportunity to deter the terrorism action without employment of force, it is allowed to hold talks with terrorists.

Talks with terrorists are hold only people that have special authorization from the head of Operative Division that supervises the antiterrorism action.

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 condition for 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 14. Public Information about the Terrorism Action.

When performing an antiterrorism action, the Public Information is provided in the way and volume defined by the Antiterrorism Action Operative Division Head or Division’s special liaison officer.

It is forbidden to publish 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, Antiterrorism Action and special services who participated in antiterrorism action, or about persons who supported antiterrorism action.

Article 16. End of Antiterrorism Action

The antiterrorism action is ended, if the terrorism action is prevented (deterred) and the threat to civilian’s life and health is eliminated. The decision on completing the antiterrorism action is made by the Head of the Antiterrorism Action Division.

Chapter IV. Compensation of the Damage Brought about by Terrorism and Social Rehabilitation of People who Suffered due to the Terrorism Action

Article 16. Compensation of the Damage Caused in the Aftermath of Terrorism Action

Damage caused due to terrorism action is reimbursed from the RoA State budget according to the procedures defined in the RoA Civil Procedural Code, by further compensation of the amount from the damager to the budget.

Compensation of the damage caused to foreign citizens on the territory of the Republic of Armenia is mage from the RpA Budget with a further back payment of the given amount from the damager to the RoA Budget.

Compensation of the damaged caused to an organization in the result of a terrorism action is made according the procedures defined in the RoA Civil Code.

Article 17. Social Rehabilitation of Persons who suffered in the Result of a Terrorism Action

Social rehabilitation of persons who suffered due to terrorism action is done to return them back to normal life, which includes legal, psychological, medical, professional rehabilitation, including even provision of housing.

Social rehabilitation of persons suffered from terrorism action, as well of social rehabilitation of persons enlisted in the Article 19 of the following law is done at the RoA State budget expense.

The RoA Government defines the procedure of Social Rehabilitation of persons that suffered because of terrorism action.

Chapter V. Social and Legal Defense Engaged in the Struggle against Terrorism

Article 18. Legal and Social Defense

Persons participating in the struggle against terrorism are under protection of the sate. Legal and Social protection is provided to:

1) military servants, associates and professionals of Executive Authority branches that immediately participate (have participated) in the struggle against terrorism.

2) persons that constantly or temporarily support state bodies in revealing, preventing, deterring terrorism and eliminating its consequences.

3) family members of those enlisted in the following article, if their security is conditioned by participation of the above mentioned persons in the struggle against terrorism.

Social protection of persons engaged in the struggle against terrorism is performed taken into account their legal status, as defined by the relevant laws and other normative and legal acts.

Article 19. Compensation of Damage Caused to Persons that Participated in the Struggle against Terrorism

Damage caused to the property or health of persons participating in the struggle against terrorism, who are enlisted in the Article 19 of the following law is compensated as defined in RoA Legislation.

When persons participating in antiterrorism action die, their family members and those under their custody are compensated as defined by RoA legislation.

If persons become disabled while performing antiterrorism actions, they are compensated as defined by RoA Legislation.

If persons become wounded while performing antiterrorism actions, but not become disabled, they get allowance equivalent to the 100 times of minimal wages.

Article 20. Relieving from the Responsibility for the Caused Damage

While performing antiterrorism actions, within the framework and on the bases defined by the law it is allowed to cause damage to the life, health, property and other protected interests of terrorists. According to the RoA Legislation, military servants, professionals and other persons participating in antiterrorism action are relieved from the responsibility for the caused damage.

Chapter VI. Responsibility for Participating in Terrorism Action

Article 21. Responsibility for Participating in Terrorism Action

Persons participating in terrorism action are deemed responsible according to RoA Legislation.

Article 22. Specifics of criminal and civil procedures on terrorism actions

Cases on terrorism crime as well as those on compensation of damage caused by terrorism action can be heard in closed sittings at the decision of the court, with all the judicial rules.

Article 23. Responsibility of Organizations for Terrorism Activity

Organization can be recognized as terrorist and dismantled according to court decision.

The appeal to bring an organization to court for terrorist activity is sent to court by the RoA General Prosecutor or Prosecutors subject to him. In case the organization is recognized as a terrorist one and dismantled, its property is confiscated and handed in to the state.

When an international organization (division, branch, representation office) which is registered outside of their Republic of Armenia is recognized as a terrorism organization by the RoA court, its activities are banned on the territory of the Republic of Armenia. Its Armenia office (branch, representation office) is dismantled and its property on the RoA territory is confiscated and handed in to the State.

Chapter VII. Control and Supervision of the Legitimacy of Struggle against Terrorism.

Article 24. Control of the Struggle against Terrorism

The control over the struggle against terrorism in the Republic of Armenia is performed on the part of the RoA Government.

Article 25. Supervision of Legitimacy of the Struggle against Terrorism

Supervision over the legitimacy of struggle against terrorism is performed on the part of prosecutor’s office and its bodies, as defined in the law.

Chapter VIII. Concluding Provisions.

Article 26. Compliance of RoA Laws and Other Normative and Legal Acts with the Following Law.

RoA laws and other normative and legal acts should be brought into compliance with the following law within three months after it comes to force

Article 27. The Enforcement of the Law

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