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Armenia: Government lifts restrictions on assemblies and dissemination of information

Restrictions on freedom of assembly and expression declared under the martial law in September are now revoked.
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Yerevan

The Armenian government declared a martial law on September 27, 2020, when the war in Artsakh (aka Nagorno-Karabagh) had started. The decision on the martial law included significant restrictions related to freedom of assembly, freedom of expression and freedom of movement. All assemblies and strikes were prohibited. In addition, the publication and dissemination of information on military operations (e.g. their directions, movement of military equipment, losses and damages caused as a result of military operations) could only be done through quoting the official government information without editing. In accordance with Article 15 of the European Convention on Human Rights, on September 29 the Armenian government filed a notification on the temporary derogations from several obligations under the Convention, including Article 10 on the Freedom of Expression and Article 11 on the Freedom of Assembly and Association. 

On October 8, restrictions on freedom of expression were extended to prohibit statements (including publications and speeches) criticizing or refuting the actions of the government, local self-government bodies, or officials done in the framework of the martial law and ensuring state security, as well as questioning the effectiveness of those actions or depreciating them in any way. Any propaganda aimed against the defence capacity and security of Armenia and Artsakh was also prohibited. 

The Human Rights Defender of Armenia provided a negative opinion on the abovementioned extended limitations of the freedom of expression and applied to the Constitutional Court of Armenia, emphasizing  the necessity to ensure clear standards and a high degree of specificity of relevant regulations. On November 20, 2020, the Constitutional Court  temporarily suspended the disputed provisions until it would finalise a judicial investigation of the issue. Before the final decision was announced, on December 2 the government lifted the provisions on the prohibition of public assemblies and strikes and restrictions of the publications and reports, while the martial law remained in force.
 

10-12-2020
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