In 2024, as well as in previous years, several peaceful assemblies in Armenia were disrupted by the disproportionate use of force and police violence. The recently adopted legislative package might partly address these shortcomings, contributing to the improved protection of the right of Armenians to peacefully assemble.
The new Law on Police Guards aims to establish a police unit primarily responsible for maintaining public order and public safety, equipped and trained in accordance with international standards. To address the risks of disproportionate force against assembly participants, the legislative package outlines the specific conditions under which physical force or special equipment can be used. In addition, amendments to the Law on Freedom of Assembly, included in the package, will allow more flexible timelines for assembly notifications.
Legislative package aims to improve how the right to assembly is implemented
On October 24, 2024, the National Assembly of the Republic of Armenia adopted a legislative package on the Law on Police Guards, amendments to the Law on Freedom of Assembly and other related laws. The package was developed by the Ministry of Internal Affairs in cooperation with the expert group of the Council of Europe's Project “Support to the effective execution of the judgments of the European Court of Human Rights in Armenia".
In the justification of the draft package, the government notes that the laws will contribute to the more effective realisation of citizens’ right to hold assemblies, as well as neutralise the risks of using disproportionate force against assembly participants.
In particular, the Law on Police Guards emphasises that one of the main functions of police guards is to ensureassembly participants’ rights and legitimate interests are protected. Further, a a police guard officer is authorised to carry and use special means and firearms only after completing a special training on their use. These skills must then beregularly reviewed through periodic trainings. Special means (such as handcuffs, electric shock devices, light and sound grenades, water jets) can be used only if milder coercive measures are clearly insufficient to properly implement the powers provided by the law.
In addition, the amendments to the Law on Assemblies included in the package decrease the period of advance notice of the assembly. It will now be sufficient to notify authorities of a planned assembly 72 hours in advance, instead of the seven days required by the current law. The amendments also removed the maximum duration of urgent and spontaneous assemblies, currently set at six hours․
Key challenges to freedom of assembly stem from practical aspects
Even though the current Law on Police and Law on Freedom of Assembly provide a fairly enabling environment for the exercise of the right to peaceful assembly, in practice there are numerous issues, highlighted by experts and CSOs. In 2023, the CSO Meter 2023 Armenia Country Report noted the use of stun grenades directed at assembly participants, unlawful detentions, beatings, and other instances of police violence. Further, numerous incidents of inconsistent, brutal and disproportionate actions by the police during assemblies were reported in May and June 2024. An assembly on June 12 was particularly problematic, as after clashes between protesters and police officers, the police used stun grenades, resulting in injuries of over 100 protesters, police officers and media representatives. CSOs noted that the use of stun grenades was excessive and likely illegal, targeting journalists and media workers. Violation of the rules of using grenades constitutes a violation of the rules of conduct even if it is proven that the assembly has turned violent. Further, as noted by CSO Meter reports, the most prominent issue related to the violations of the rights of the assembly participants has been the lack of accountability of police officers, who acted unlawfully during assemblies. The recommendation for law enforcement bodies to implement proper examination and transparent investigations and apply relevant sanctions in cases where police officers have abused their power when policing assemblies has remained unaddressed.
Next steps
The Law on Police Guards sets forth gradual enforcement of the supplementing legal acts, within six months of the date when the Law enters in the force. As a first step, a charter for police guards shall be defined to enable the full execution of this unit. Hopefully, the establishment of the new unit will help to eradicate the practice of unlawful actions by police officers and set a consistent and professional approach to the policing of assemblies, as recommended in several CSO Meter Armenia Country Reports. Currently, the Ministry of Internal Affairs is developing a new Police Reform Strategy and its 2024-2026 Action Plan in discussions with stakeholders, which provides a possibility to further raise issues related to the policing of assemblies.