Law 18:33 11/04/2013

Police statement on April 9 events in Baghramyan Avenue

The Armenian police issued a statement on the events that occurred in Baghramyan Avenue on April 9. 

Thoroughly appraising the tendencies in the public meetings that have been conducted in Freedom Square in recent days and a number of anti-legal actions carried out or planned in the context of those meetings the police of the Republic of Armenia has repeatedly emphasized the necessity of observing the provisions provided by the RA Constitution, international obligations, law On freedom of assemblies, as well as law On Police and indicated the framework of those obligations of organisers and participants of assemblies, the observance of which would allow to completely avoid the undesirable developments of April 9.
April 9 incidents directly proved the sufficiency of the forecasts and cautions of the RA police, at the same time revealing the consequences that a needless testing of the ability and will of the Police to hold offenders legally, especially administratively liable, could have.

The police of the Republic of Armenia state with deep regret that the behavior of separate citizens, who flagrantly violated the peaceful course of the assembly and thus became uncontrollable even for the organizers of the assembly, made the Police use force against the offenders, who were immediately isolated from the venue of the assembly and held administratively liable, after which the assembly regained its peaceful nature and the participants were granted the chance to return to the main venue of the notified assembly, namely Freedom Square.

The police of the Republic of Armenia made all the possible efforts not to let the irresponsible and anti-legal conduct of separate assembly participants lead to more grievous consequences and on the other hand limit the complete realization of the civil rights of other assembly participants who had peaceful intentions.

The officers of the RA Police efficiently carried out the main duties vested to them by the RA law On freedom of assemblies and law On Police, averting the danger of escalation of the situation and emergence of other negative consequences.
The police of the Republic of Armenia finds it necessary to mention that those who infringed the law during the march aren't arrested, instead, they were just isolated from the venue of the assembly, were taken to the RA police to be hold administratively liable and were set free a bit later.

As for the appraisals of certain incidents which are being given or will be given, the RA police announces that all the circumstances of the incidents shall be thoroughly examined and the public will be provided more detailed information on factual and legal circumstances of the incidents.

However, the police of the Republic of Armenia find it necessary to touch upon certain reactions concerning the alleged brute force use or disproportionate operation of the police officers.

The RA police consider it is their duty to remind that two limitations were determined by the decision of Yerevan municipality, the body authorized to determine march routes. Partly, for the sake of ensuring the normal course of a number of ceremonial events which were planned to be conducted on the occasion of the presidential inauguration ceremony, including ensuring the participation of foreign guests, among them high rank diplomats, instead of Baghramyan Avenue and Proshyan street route a bit changed route had been suggested. Moreover the Police of the Republic of Armenia had warned beforehand that it was going to strictly adhere to the limitations determined by the Mayor’s decision.

In legal states, the provisions of current laws and administrative acts should be observed strictly. Not obeying indisputable acts which are legally obligatory, is considered to be an infringement of law and can't have any acquittals, including the irrelevant reference to the alleged right for freedom of assemblies. At the same time the administrative acts imposed by the police can't be qualified as limitation of the right for peaceful assemblies, as, firstly, the administrative acts just limited the conducting of assemblies on certain places , which excludes the possibility of considering those venues as venues of assemblies, and secondly, the right for freedom of assemblies in no wise protects the right to illegally enter the the forbidden venue of the assembly. The police in no wise intervened in the course of the marches which were conducted on the places that had been suggested by municipality and exclusively ensured the safety of the persons arriving at the residence of the RA President via Baghramyan Avenue.

On the other hand, it is impossible to imagine that cleaving the rampart of the policemen by force could remain without any response and the police could give up fulfilling its duties of ensuring the normal course of the events. As for the sufficiency of the Mayor’s decision, and the ensuring of the freedom of the assembly and just balance of public interests, this issue is subject to clarification at court and not on the streets.

The police of the Republic of Armenia announce that the statements of separate representatives of our society concerning the disproportionate operation of the police officers, to put it mildly, are hasty enough and are deprived of special reason. The RA police will appraise the legality of those incidents for each case and will leave its appraisals to the public’s judgement. It should be taken into consideration that the ascertaining of the issue of the principle of proportionality is not the problem of non-professional or incompetent personalities, but those of specialists. The discussion of this complicated issue demands a whole and objective examination of individual circumstances of the case, appraisal of various factors, including the nature of the limitation and its volume, the importance of the aim pursued, the reasons for intervention and its displays. The emotional solutions and appraisals of the issues which demand legal appraisal are inadmissible and inadequate. Therefore, the police of the Republic of Armenia will welcome any step to touch upon that issue or discuss it in the legal context.

 



Source Panorama.am
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