International law and its relation to national law

International treaties that have been ratified are a constituent part of the legal system of the Republic of Armenia (Art. 5 of the Constitution, 5 July 1995). If norms are provided in these treaties other than those provided by laws of the Republic, then the norms provided in the treaty shall prevail. International treaties that contradict the Constitution may be ratified after making a corresponding amendment to the Constitution (Art. 5 of the Constitution.  According to Article 100 (2) of the Constitution, “the Constitutional Court, in accordance with the law shall decide, prior to the ratification of an international treaty, whether the obligations assumed therein are in conformity with the Constitution”).

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International law and its relation to national law

International treaties that have been ratified are a constituent part of the legal system of the Republic of Armenia (Art. 5 of the Constitution, 5 July 1995). If norms are provided in these treaties other than those provided by laws of the Republic, then the norms provided in the treaty shall prevail. International treaties that contradict the Constitution may be ratified after making a corresponding amendment to the Constitution (Art. 5 of the Constitution.  According to Article 100 (2) of the Constitution, “the Constitutional Court, in accordance with the law shall decide, prior to the ratification of an international treaty, whether the obligations assumed therein are in conformity with the Constitution”).

FREEDOM OF ASSEMBLY:

Legal framework

Citizens are entitled to hold peaceful and unarmed meetings, rallies, demonstrations and processions (Art. 26 of the Constitution. Art. 24 of the Constitution states that “everyone is entitled to assert his or her opinion. No one shall be forced to retract or change his or her opinion. Everyone is entitled to freedom of speech, including the freedom to seek, receive and disseminate information and ideas through any medium of information, regardless of state borders”).  The fundamental human and civil rights and freedoms may only be restricted by law, if necessary for the protection of state and public security, public order, public health and morality, and the rights, freedoms, honor and reputation of others (Art. 44 of the Constitution). Moreover, the President of the Republic of Armenia in the event of an imminent danger to the constitutional order (Art. 55.14 of the Constitution), as well as during martial law, shall take measures appropriate to the situation, including temporary restrictions of rights.

The Law of the Republic of Armenia “On Conducting Meetings, Assemblies, Rallies and Demonstrations” was adopted on 28 April 2004 (Hereinafter referred to as the Law.  OSCE/ODIHR and Venice Commission of the Council of Europe provided expert analysis of the draft law).  Other laws, i.e. on Police (As of 16 May 2001), Code on Administrative Offences (as of 1985), Civil Procedure Code (as of 17 June 1998), and Criminal Procedure Code (as of 1 September 1998) also contain relevant provisions.

The Law foresees adoption of the Government Resolutions, one - that will identify territories where it is prohibited to organise public events without notification; the other – that will contain a list of objects which have important national significance (These Resolutions have not yet been adopted.  Currently, the Decree of the President “On State Management in Yerevan” as of 20 May 1997 and the Government Resolution “On Creation of the Apparatus of the Mayor’s Office in Yerevan” as of 14 November 2002 are applied).

Types of assemblies defined and protected in domestic law

The Law regulates relations pertinent to conducting peaceful meetings, assemblies, rallies (processions) or demonstrations (including pickets), as well as celebrations, ceremonies, cultural or sport events (Art. 2 of the Law). All public events are divided into two categories: mass (more than 100 persons) and non-mass public events (up to 100 persons).

Possible limitations/restrictions/conditions, including notice requirements

Except for elections related assemblies, mass public events may be organized only after written notification to the authorized bodies.  Non-mass public events can be convened (The Law mentions only citizens and legal entities in this provision as subjects of this right) without notification provided such events do not disrupt public order and traffic rules (Art. 10 of the Law) or do not aim at forcible overthrow of the constitutional order, instigation of national, racial or religious hatred, and campaigning for violence or war (Art. 9.3(3) of the Law).  Non-mass public events conducted in violation of the conditions prescribed by the Law are forbidden and can be terminated according to the Law.

Organizers shall submit a written notification about organization of a mass public event to the head of the community where such mass public event is organized (Notice should be submitted to the Mayor of Yerevan in case the public event is held in Yerevan) not later than three working days and not earlier than twenty days prior to the convention of the event.  Should the mass public event be conducted as a rally, such notification shall be submitted to the authorized bodies of all areas on the route of such rally (Art. 10 of the Law).

Notification specify the venue of the mass public event and itinerary and schedule of a rally should such rally be envisaged in the framework of the event, and estimated time of commencement and completion of the mass public event.  Notification may specify estimated anticipated number of participants of the event and contain other information that, in the opinion of organizers, is necessary for protection of public order during the mass public event or security of participants of the event.(Articles 11.2 and 11.3 of the Law)

Should a mass public event be organized by a citizen, the notification shall be accompanied by the name, address and passport copy of the citizen(s) (Art. 11.4 of the Law). Should the mass public event be organized by a legal entity, the notification shall be verified by the rubber stamp of that legal entity and accompanied by following documents signed by the head of the legal entity (Art. 11.3 of the Law):

1) corresponding decision of a competent body of the legal entity on

2) conducting a mass public event,

3) a copy of a registration certificate of the legal entity,

4) name, surname, address and a passport copy of the organizer(s),

5) written agreement of organizer(s).

Place, route and time of assemblies

Assemblies can be conducted in places of general public use, i.e. an open space of state or municipal property (street, square, park, garden, land plot, etc.), where free access or presence of citizens is neither prohibited nor restricted (Art. 2 of the Law).  Assemblies can be held on non-public property, provided they do not collide with the rights of the owner and do not violate the public order. 

It is prohibited to stage meetings, assemblies and rallies on bridges, in tunnels, underground areas and safety belts of energy facilities, water systems, railways and airports (Art. 9.3(1) of the Law).  It is also prohibited to conduct public events in hazardous buildings and structures of 4^th grade dilapidation, construction sites, working premises of state or local self-governance bodies, military units, defense facilities, penitentiary institutions, pre-trial detention facilities and in places less than 150 meters away from such areas, as well as  special areas and areas of significance designated as such by the Government of the Republic of Armenia and in places less than 150 meters away from such areas, and in culture and sport facilities and in places less than 150 meters away from such areas at such times when other events are conducted in these areas and when natural course of such other events may be disrupted (Art. 9.3(2) of the Law).

Power to ban assemblies

The police representatives are authorized to terminate a public event in the following cases (Art. 14.1 of the Law):

1) mass public event is conducted without notification,

2) mass public event is prohibited,

3) notwithstanding a warning by a police representative, the public event or other events continue in full or in part in locations stated by Law (Para. 3 of Art. 9 of the Law) or considerably deviate from the itinerary or schedule of the rally,

4) notwithstanding a warning by a police representative, organizers or participants continue violating public order and requirements of the law and by doing so jeopardize life and health of persons, national security, public safety and public order, or threaten to cause a substantial material harm to the state, community, physical or legal persons, or

5) all organizers are absent during the mass public event

The police shall have the right to compulsorily terminate the public event provided, solely and exclusively, that

1) the request to terminate the public event made in a manner prescribed by law is not immediately announced by the organizer(s) to the participants,

2) the request to terminate the public event within the established time-frame is not followed, or

3) all organizers are absent from the place of convention of the public event.

Prior to compulsory termination of the public event, the police representative shall no less than twice inform the participants through a loudspeaker about the request to terminate the public event within a reasonable time-frame. Should the public event be not terminated within such time-frame, the police shall have the right to terminate the event by means established by the law (Art. 14.3 of the Law).

Requirements to organisers, their rights and duties (including liability and penalties)

Citizens of the Republic of Armenia, foreign citizens, stateless persons and legal entities can exercise their constitutional right to conduct peaceful assemblies (Art. 1 of the Law).

Citizens in pre-trial detention or other detention facilities, as well as citizens qualified by court as incapable or partially incapable, shall not have the right to organize public events. Citizens less than 18 years of age not yet qualified as fully capable by procedure stipulated by law shall have the right to organize mass public event with written permission of parents or custodians. The right to organize or participate in public events shall not be granted to employees of police and national security bodies except for cases stipulated by law, military officers and employees of penitentiary institutions (Art. 9 of the Law).

The organizer shall have the right to choose, at his/her discretion, location and procedure for conducting a public event, to terminate the public event at any time, to request the police to expel from the venue of the public event citizens who engage in unlawful activity or violate public order, to create unarmed groups bearing special identification signs (hereinafter referred to as volunteer groups) that should help ensure public order and legitimacy [of the public event], to turn to the police for issues related to protection of public order or safety of participants of the event prior to and during convention of the public event, to disseminate information about the date, time, venue, purpose, procedure of the public event as well as solicit participation in that event in through the mass media and other lawful means.

Prior to commencement of the public events an organiser’s first and family name should be announced; should the public event be organized by a legal entity, the full title of such entity, the purpose of the [public] event, the format of the public event, as well as a estimated time of completion of the public event are announced. Should a rally be conducted in the course of the public event, the itinerary and the timing of such rally shall also be announced.

It is a duty of organisers to immediately inform the participants of the public event about demands of police representatives to stop unlawful actions or violations of public order.  At least one of the organizers shall be personally present at the opening of the public event and refrain from leaving the venue of the public event until such time when the public event is finished (Art. 6 of the Law).

The Administrative Offences Code foresees an administrative fine of 500 to 3,000 dram (1 US Dollar is 439.25 dram as of May 2, 2005) or administrative detention up to 15 days for inobservance a procedure of conduct the assemblies, rallies, demonstrations and marching that applied to organizers (Art. 180 prime of the Code).  Before the Law “On Conducting Meetings, Assemblies, Rallies and Demonstrations” was adopted many representatives of oppositional parties participated in assemblies were accused in violation the order of conduction of public events and punished with a fine up to 3,000 dram or a 15-day detention (Refer to the Helsinki Association, Armenia).  The corresponding amendments to the Administrative Offences Code were drafted by the Parliament after the new Law was adopted.

Requirements to participants, their rights and duties (including liability and penalties) (Art. 7 of the Law)

Every citizen (Foreign citizens, stateless persons and refugees are not explicitly mentioned. It would appear that children are not restricted in their right to participate in public events) has a right to participate in public events. No one shall have the right to oblige a citizen to participate in any public event. Participants of a public event may have or carry pennants and other displays and use loudspeakers. Every citizen shall have the right to photograph public events and record them on video or audio. Participants of public events are prohibited from having firearms or any other dangerous items that may inflict damage on life, health or property of persons.  Participants are prohibited from distributing or using alcoholic beverages during public events.  Participants are prohibited from using loudspeakers or shouting and declaiming from 22:00 to 8:00 hours and in the proximity of healthcare, pre-school and education institutions in case such actions disrupt regular operation of those institutions or well-being of persons present in those institutions.

Participants of public events are obliged to respect public order, follow legitimate requests of the organizer, volunteer groups, authorized body or police representative and refrain from hindering their legitimate actions.

In the event of termination of the public event, participants should immediately leave the venue of the public event and stop other activities emanating from the public event.  They should also refrain from inflicting damage on property, trees, bushes and green areas located in the venue of the public event. They should refrain from blocking free entry and exit to and from state, municipality or privately owned buildings, structures or other working premises located in or adjacent to the venue of the public event, as well as pedestrian entry and exit routes to houses or other residential areas.

The Administrative Offences Code foresees an administrative fine of 500 to 3,000 dram or administrative detention up to 15 days for inobservance a procedure of conduct the assemblies, rallies, demonstrations and marching that applied to participants.

State and police powers and responsibilities (including liability and penalties)

Heads of community, the Mayor of Yerevan or their authorized representative shall carry out consideration of notifications and take decisions.  Submitted notifications shell be entered in a special journal in chronological order, and copies thereof are posted in an accessible and visible location on the premises of the authorized body.

Consideration of notifications shall be public and may be attended by the organizers or not more than their three representatives.  It also may be attended by other persons invited by the authorized body.  An authorized body shall start consideration of a notification at 12:00 of a working day following the receipt and shall consider notifications in order of submission.  Consideration of notification shall not take more than one hour.  Consideration of notification shall not be put off to the next day.  The decision of the authorized body shall remain posted until 1800 hours when the mass public event mentioned in the consented notification takes place.  The authorized body shall immediately inform the organizers and the police on its decision taken as a result of consideration of the notification and shall post it in an especially dedicated accessible and visible spot. (Art. 12 of the Law)

The decision to prohibit conducting a mass public event shall contain a justified and clear explanation of the grounds whereby the mass public event is prohibited. (Art. 13.2 of the Law)

In the cases prescribed by Law an authorized body should offer to the organizer other dates and other hours for conducting a mass public event comparing to the place, time and date specified in the notification.

Authorized body shall appoint its representative and immediately inform the organizer thereon, notify relevant police authority and Governor on the mass public event and its representative, ensure presence of its representative at the mass public event during the entire course of the mass public event. (Art. 8.1 of the Law)

The police shall upon receipt of notification on the mass public event, appoint its representative and inform the organizer and the authorized body thereon, ensure presence of its representative at the event and during the entire course, ensure general legality of the event and protection of public order, expel from the venue of the event persons who engage in unlawful activity or violate public order, ensure unrestricted entry and exit to and from state, municipal or privately owned buildings, structures and other working premises located in or adjacent to the venue of the event, as well as ensure unrestricted pedestrian access and exit routes to and from houses or other residential areas, perform its duties in accordance with the main principles of administration, take, in cases and according to procedures stipulated by law, decisions on terminating a public event or other event conducted in violation of provisions of this law and demand such termination from the organizer of the public event, and compulsorily terminate public or other event, and exercise other functions in conformity with the law. (Art. 8.2 of the Law)

The application of the special means is regulated for the police by the Law of the Republic of Armenia “On Internal Forces” (Adopted November 17, 1997).  Depending to the concrete circumstances the Law foresees application the followings means as rubber batons, tear-gas, handcuffs, hydraulic jet and armored car (Art. 20 of the Law “On Internal Forces” as of November 17, 1997).

Official representatives of state or local self-governance bodies shall bear liability for unlawful hindrance, interference in or termination of a public event.  The Criminal Code foresees a fine of 100 to 300 minimal wages or administrative arrest not over 2 month or imprisonment not over 2 years for hindering the lawful assemblies, rallies, marching, demonstrations or participation as well as coercion to participate in these events or unlawful ones committed with assault or under the risk of its application (Art. 163 of the Criminal Code adopted April 18, 2003).  The Administrative Offences Code foresees responsibility for power exceeding.

Appeal rights

The decision to prohibit conducting a mass public event may be appealed in court.  The court shall issue a verdict within 24 hours.  A court verdict to invalidate the decision to prohibit conducting a mass public event enters into force from the date of issuance. Article 13.3 of the Law)

Analysis written with the assistance of the NGO “The Armenian Helsinki Committee” and “The National Democratic Party”, who completed the ODIHR Questionnaire.

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