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"THERE IS NO PRINCIPLE PROGRESS"

May 24,2005 00:00

The
"Justice" deputy Shavarsh Kocharian marks the amendments, which have
been made lately in the basic laws.- Do you agree that the law "About
the order of holding meetings, demonstrations and processions" and the "Electoral
Code" have been reformed indeed. The coalition insists that almost all proposals
of the experts are adopted.- Certainly some positions have been changed. And
certainly they always try to follow to those proposals of the experts, which aren’t
so essential for them. But a deviation is never recorded in the essential points.
The "Electoral Code" is its fine example.- Do you consider the enlargement
of the authorities of proxy persons not so essential? Or isn’t the perforation
of the essential amendments essential?- Certainly they are essential. Though
the experts understand the perforation in other way that the ballot must be consisted
of two parts. There are two ways of not honoring the commitments and the proposals
of the experts: either to imitate or not to adopt at all. The attempts of imitation
are seen in these amendments but there are points where they refused of adopting
any proposal. – But the commission of Venice has mentioned in the conclusion
about the "Electoral Code" that the new order of forming electoral commissions
"enlarges the political pluralism."- They haven’t seen the text
of changes yet and don’t know that just judges must be appointed in the electoral
commissions, which opposes to the juridical way of thinking. As it is mentioned
in the 98th article of the Constitution: "The judge and the member of the
Constitutional Court can’t fill any other state post or to commit any other paying
work besides scientific, educational or creative works." Now let them explain
what kind of work being the part of the electoral commission is for the judge.-
Perhaps it is creative as it concerns with the number drawing.- If they will
draw numbers, yes it ii creative. Here is an example where the imitation occurs
but the essence remains the same. There is an example in the law "About holding
meetings, demonstrations and processions" where the proposals of the European
experts haven’t been fulfilled. It is unacceptable for them to allow a meeting
in front of the President’s residence and they aren’t going to give in.- Producing
the amendments of the law the author of the initiation Tigran Torosian mentioned
that such limitations exist in the EU member Latvia. – But why don’t they
pay attention that it is a country that becoming the EU member remains under observation?
This connects with the rights of Russian language population. It isn’t secret
that the prohibition of organizing demonstrations in the distance of 50 meters
from the Parliament is directed just to that population.- In short don’t you
think that these laws have become more democratic?- There is no principal
progress in both laws. If we follow what they haven’t done in the "Electoral
Code" it will be clear that the authority intends to rig the elections. The
fact that the problems of balanced staff of the commissions, transparency of all
process aren’t solved show that they intend to imitate. And if the intention of
the authorities is so then the remain problems which they have improved don’t
solve any problem principally. The same refers to the next law: it is also clear
here that the processions and demonstrations are unwilling for the authority and
they must find any reason not to hold them or to punish their organizers and participants.-
The coalition members have stressed for several times that no deputy from the
opposition performed any project to change the standpoints of the law "About
the order of holding meetings, demonstrations and processions".- We have
performed a complete project of the "Electoral Code" and it is placed
in Internet, what has been changed from it. But if the coalition didn’t manage
to come to a conclusion with Gurgen Arsenian then it is obvious they couldn’t
come with the opposition. So those accusations don’t have any content.Interview
by Anna Israelian

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