Euromedia24 on Play Store Euromedia24 on App Sore
BNB

$870.47

BTC

$113082

ADA

$0.868816

ETH

$4608.63

SOL

$213.76

31 °

Yerevan

20 °

Moscow

45 °

Dubai

20 °

London

26 °

Beijing

23 °

Brussels

16 °

Rome

23 °

Madrid

BNB

$870.47

BTC

$113082

ADA

$0.868816

ETH

$4608.63

SOL

$213.76

31 °

Yerevan

20 °

Moscow

45 °

Dubai

20 °

London

26 °

Beijing

23 °

Brussels

16 °

Rome

23 °

Madrid

People in the "bastion of democracy" are being held accountable with an article that does not contain a crime? "Fact"

"Fact" daily writes:

Discussions about part 2 of Article 236 of the Criminal Code do not stop.

It establishes criminal liability for taking material advantage in order to participate in an assembly or to refuse to participate in an assembly.

What does international legal practice say about material interest? in 2024 on June 26, the Parliamentary Assembly of the Council of Europe (PACE) unanimously adopted the report prepared by its monitoring committee on the fulfillment of the obligations undertaken by the Republic of Armenia.

The report noted that according to the European guidelines on the freedom of peaceful assembly, material encouragement to participate in assembly cannot be criminalized, and the application of criminal punishment in this case is illegitimate.

They emphasized the name of public figure Avetik Chalabyan, expressed concern that the current authorities of Armenia used Article 236 of the Criminal Code to punish him politically.

According to lawyers, this article of the Criminal Code contradicts not only international conventions, but is itself unconstitutional. Being materially interested is not a crime, there is no clear wording in the Criminal Code regarding the term "materially interested". Participating in a rally is not a crime, freedom of assembly is guaranteed by the Constitution of Armenia. Therefore, it is unclear why it is a crime to be financially interested in participating in a rally.

By the way, this article was added to the Criminal Code in 2021 with the "light hand" of Daniel Ioannisyan, the program coordinator of the "Union of Informed Citizens", but this provision should not have been included in the Criminal Code to be adopted in 2022. But a few days before the adoption of the Code, the issue of discussing the addition of Article 236 was included in the agenda of the National Assembly, it was adopted in an accelerated manner, and the president of our country signed it. Now let's talk about the unconstitutionality of the mentioned part of the article. After the PACE report, which we have already mentioned, the MPs of the National Assembly "Armenia" faction decided to apply to the Constitutional Court, demanding to consider the compliance of Article 236.2 of the Criminal Code with the Constitution. does it not contradict Article 44 of the Constitution in terms of establishing responsibility for materially interested in participating in the assembly or refusing to participate in the assembly, is it a necessary, appropriate and proportionate restriction on the exercise of the right to freedom of assembly?

The MPs also raised the issue of legal certainty of Article 236, Part 2, as well as whether it is consistent with the practice of bodies acting on the basis of international human rights treaties ratified by Armenia. In the presented justifications, it is stated that the norms related to determining responsibility for taking material interest in order to participate in the gathering or refusing to participate in the gathering defined by Article 236, Part 2 of the Criminal Code appear to contradict the Articles 1, 4 and 5 of Article 44 of the Constitution. : They relate to freedom of assembly. Next, it was emphasized that the referenced provision of the Criminal Code contradicts Articles 78 and 79 of the Constitution, which refer to the principles of proportionality and certainty. The issue of the certainty of the term "materially interested" was raised. In addition, in the application submitted to the CC, the deputies argued that the same provision apparently contradicts Article 81 of the Constitution, that is, "When interpreting the provisions of the Constitution on fundamental rights and freedoms, the international treaties on human rights ratified by the Republic of Armenia shall be taken into account. the practice of the existing bodies", in addition, "Restrictions of fundamental rights and freedoms cannot exceed the restrictions set by international agreements of the Republic of Armenia". The MPs emphasized that there are no similar legal norms in the legislative acts dedicated to the regulation of criminal as well as peaceful gatherings of all other countries that are members of the European Council. The Constitutional Court was supposed to make a decision on this issue on October 15. But the Supreme Court decides to go the other way. On October 11, suspends further discussion of the issue and turns to the Venice Commission, asking it to provide an advisory opinion, specifically, is the wording of Article 236, part 2 of the Criminal Code, "materially interested in the purpose of participating in or refusing to participate in an assembly" compatible? to the European standards of the principle of legal certainty. Taking into account the positions expressed in the PACE report, the provisions contradicting European conventions, isn't there a high probability that the same opinion will be voiced: this is an action that does not contain a crime, we are against the criminalization of this. When talking about Article 236.2 of the Criminal Code, we cannot fail to mention the name of Avetik Chalabyan. His case shows all the pitfalls of this disputed provision of the said article. On May 14, 2022, Chalabyan was detained. Then the long chain of court hearings began, the conclusion of which seems to be approaching. "Past" recently had the opportunity to address the topic. The Court of Appeal overturned the decision of the first instance court, and Chalabyan's defense team is taking clear steps to prove his innocence in court. If Avetik Chalabyan participates in court hearings in freedom today, Gerasim Vardanyan, a member of the General Assembly of Dashnaktsutyun, is not as "lucky" as he is under the same charge and has been in prison for four months. It turns out that in 2018, in Armenia, which was declared a "bastion of democracy", people are held accountable under an article that does not contain a crime? Many people are convinced that justice will definitely be restored, there can be no second opinion, but it is unfortunate that the Constitutional Court, being the highest body of justice in Armenia, did not find the strength to recognize part 2 of Article 236 of the Criminal Code as unconstitutional and seems to have transferred the responsibility to its department. To the Venice Commission. Details in today's issue of "Past" daily

News

The Israeli army has announced the destruction of two Hamas commanders
Starmer bid farewell to the House of Commons before stepping down as Prime Minister
Von der Leyen promised Kiev "safe drone factories" in the EU
Denmark approves new purchases of drones
The concrete cover of the building collapsed. the victims were taken out of the rubble
Tatler: Samuel Chatto, grandson of British Princess Margaret, proposed marriage to Eleonor Exerjian
A drone has crashed in Iraq
Fidan will announce in Kiev that attacks on ships in the Black Sea are unacceptable
Fars. IRGC claims to have hit US 5th Fleet base in Bahrain
The US has given permission to reduce operations within the framework of sanctions against Iran
FT. Conflict with Iran could derail Trump's second term
"Publication". He decided to "sacrifice" his relatives
Artur Poghosyan destroys the investigation of cases if he refers to CP. "People"
"Publication". They are kept in torture mode
There are thousands of inconsistencies in the document of the decision of the Constitutional Court. numbers. "People"
"Publication". The government is looking for a governor
"Publication". NSS and RO continue to hunt at the airport
210 million drams, 300 thousand dollars and 100 thousand euros. what did Arush Arushanyan declare? "People"
The process of dismissals and changes of heads of administrative districts in Yerevan Municipality is entering a new phase. "People"
The body of a 16-year-old girl was found in the yard of a high-rise building in Davtashen

More News

...

"Publication". He decided to "sacrifice" his relatives

Artur Poghosyan destroys the investigation of cases if he refers to CP. "People"

"Publication". They are kept in torture mode

There are thousands of inconsistencies in the document of the decision of the Constitutional Court. numbers. "People"

"Publication". The government is looking for a governor

"Publication". NSS and RO continue to hunt at the airport

210 million drams, 300 thousand dollars and 100 thousand euros. what did Arush Arushanyan declare? "People"

The process of dismissals and changes of heads of administrative districts in Yerevan Municipality is entering a new phase. "People"

It is not good for anyone in the swamp. "Fact"

"Publication". An unprecedented undemocratic step has taken place in "Democratic" Armenia

Hot competition is expected for the positions of the chairpersons of the NA committees. "Publication"

"Publication". Tigran Avinyan renounces the status of 9 percent mayor

The teammate of the NA president was interrogated by the anti-corruption committee. "People"

"Publication". Businessmen are in a difficult situation

From Alaverd to Vanadzor. Aren Mkrtchyan has changed his registration and is preparing for the next elections. "People"

How to make thousands of people unemployed and... go to enjoy the vacation. "Fact"

Manifestations of personal revenge and their service "systems". "Fact"

Rubinyan already feels like the president of the National Assembly. "Publication"

The fear of Artur Vagharshyan, judge of the CC was caught. "Publication"

Employees of the municipality were urged to be present in the square as one person on Sunday. "Publication"