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21.02.2013 12:10
The statement of the Police of the Republic of Armenia on the meetings organized by Raffi Hovhannisyan and issues of the realization of the constitutional rights and the «orders» addressed to the police officers
The police of the Republic of Armenia is authorized to state that in order to expect a complete provision of the rights and set out in the Constitution, the Constitution and the provisions of the law on “Freedom of meetings” should be interpreted and realized in compliance with their essence and content.
The construction of the Constitution of the Republic of Armenia, stating that there is a right on "holding meeting in the preferred place" has nothing in common with the perception of the given right in the contemporary legal, constitutional states, or twith other well-known international criteria applicable in this sphere.
Thus, for holding meetings including more than 100 members, a preliminaryы notice is necessary (article 9 of the law «On freedom of meetings». This requirement first of all is aimed at provision of normal and peaceful course of the meeting and freedom of its holding (article 10 of the law «On freedom of meetings»). Therefore, holding a meeting which requires a preliminary notice, without the latter is not lawful and may bring to administrative liability, however, if the meeting maintains its peaceful nature, the police of the Republic of Armenia is obliged within the scope of their powers to render assistance to holding the given meeting (article 32 of the law “On freedom of meetings”).
After the adoption of the law "On freedom of meetings" the police of the Republic of Armenia have repeatedly proven that they strictly observe the requirements of the RA constitution, in some cases even conniving at some unlawful actions in order not to aggravate the situation. The police of the Republic of Armenia will continue to adhere to this course of action, not letting the real opportunity of forming a peaceful civil atmosphere experience a failure.
On the other hand, the police of the Republic of Armenia call the citizens not to prevent this atmosphere, which is being formed for the first time in the contemporary history of the Republic of Armenia, from taking roots.
It’s far more important to observe the traditions and laws, which are aimed at real interaction, and which are undoubtedly likely to be prerequisites for the new value system and the new constitutional culture. In this regard Raffi Hovhannisyan's instructions to the police officers are sure to be outside the law and the legal culture just being formed, even if those instructions are given on behalf of the «members of the meetings». The police of the Republic of Armenia are exclusively subordinate to the Constitution and the laws of the Republic of Armenia, as well as to the legal acts based on them, and are obedient to the instructions of the superior officials of the police officers, and not to the ones given by the organizers of meetings on behalf of «the members of the meetings».
The police of the Republic of Armenia calls Mister Raffi Hovhannisyan to avoid giving such instructions and to realize his own rights and those of the members of the meeting, taking into account the procedures and the limits set out in the Constitution of the RA and in the law on «Freedom of meetings». In that case the complete provision of the normal course of the meetings and elimination of all the obstacles for the realization of the constitutional rights is the duty of the Police of the Republic of Armenia.
The police of the Republic of Armenia have repeatedly proven that they adhere to this fundamental approach, stipulated by the Constitution of the Republic of Armenia and meeting the requirements of the RA laws.
Discussion of disputable, problematic issues and the cardinal problems of the application of laws with political parties and representatives of civil society has become a good tradition in the Police of the Republic of Armenia.
In this context the pPlice of the Republic of Armenia express their willingness to hold discussions with Mister Raffi Hovhannisyan and his representatives about any issue relevant to the freedom of meetings and the police, with the agenda Mr Hovhannisyan will prefer.