Back National Assembly of Armenia adopted the new law on Police Guard prepared with the Council of Europe expert support

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The right to freedom of peaceful assembly is a fundamental right and an important cornerstone of a democratic society.

Since its launch in 2023, the ProjectSupport to the effective execution of the judgments of the European Court of Human Rights in Armenia” has been addressing the issue of the protection of the right to peaceful assembly through legislative support and capacity building activities.

Specifically, in 2023 and 2024, the Council of Europe provided expert support to draft the concept paper and later to develop the new draft law on Police Guard.

Following this, the Project organised a number of consultations and five round-table discussions before the first reading of the draft law at the National Assembly and the concluding discussion before the second reading in October 2024. The objective of these events was to provide a platform for constructive dialogue, issue resolution, and the exchange of perspectives and proposals, bringing together state authorities, key professionals, policy makers, members of the National Assembly, Council of Europe experts, as well as representatives of the civil society and international organisations. The National Assembly played an active role from the very beginning of drafting the law, working in close cooperation with all the parties involved, which ensured consideration of diverse perspectives and successful adoption of the law.

Police reform is a long-term and complex process that requires a clear strategic vision and careful planning for its realisation. It involves both legislative and organisational measures and their collaborative implementation by the stakeholders. The ongoing reform focuses on reassessment of the status of police officers and equipping them with necessary competencies to fulfil their role in a democratic society. The new law will enable the police guards to effectively perform one of their main functions - maintaining public order while ensuring the protection of citizens’ rights to freely participate in peaceful assemblies.

The Council of Europe provided comprehensive support from the initial drafting stage to the full adoption of the law which stands as a noteworthy accomplishment of the Project, marking a significant milestone in advancing police reform and aligning national legislation with international human rights standards. It is expected that the new law will also have a direct impact on the execution of judgments of the European Court of Human Rights under Article 11 of the European Convention of Human Rights, and the issues reflected in the leading enhanced case Mushegh Saghatelyan v. Armenia, as well as in the other cases of this group where the Court found disproportionate and unnecessary dispersal of the peaceful protests and related detention, prosecution and convictions of activists and opposition supporters, as well as lack of effective domestic remedy for complaints.

Arpine Sargsyan, Deputy Minister of Internal Affairs of Armenia emphasized the crucial place of establishment of the police guard within the framework of police reforms as a specialised service capable of ensuring public order and security and the freedom of assemblies in line with international standards and best practice. One of the main achievements of the new law on Police Guard is the clear defining of standards and principles for the use of force by police. The new use of force standards will ensure proportional and lawful use of force when it is necessary. Deputy Minister expressed appreciation for the successful cooperation with the Council of Europe, which enabled the Ministry to advance its strategic plans to strengthen the protection of human rights during the performance of all police functions.

Maxime Longangué, Head of the Council of Europe Office in Yerevan, welcomed the adoption of the law on Police Guard. He emphasised the importance of cooperation with the Ministry of Internal Affairs and shared commitment to this key legislative initiative to advance the police reform in line with the European human rights standards.

YEREVAN, ARMENIA 25 OCTOBER 2024
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What is the goal and objective of the project?

The Project is a part of the continuous endeavor of the Council of Europe to support Armenia in the effective implementation of the European human rights standards with a specific focus on the problem of excessive length of proceedings, late or non-execution of national courts’ judgments, effective judicial control over the pre-trial stage of the proceedings, right to freedom assembly, and effective investigations into allegations of ill-treatment and deprivation of life. 

The Council of Europe Action Plan for Armenia for 2023-2026 explicitly underlines the importance of the effective ECHR implementation as well as the need to enhancing the effectiveness of the ECHR system at national level. 

  Start date: January 2023

  Duration: 36 months

 Funding: EUR 800,000

Donor: Donors contributing to the Council of Europe Action Plan for Armenia 2023–2026 and Human Rights Trust Fund

Contact person: Ms Gayane Hovhannisyan, Senior Project Officer

Who benefits from the project?
  • Office of the Representative of Armenia on International Legal Matters
  • Ministry of Justice
  • Court of Cassation
  • Supreme Judicial Council
  • Prosecutor General’s Office
  • Ministry of Internal Affairs
  • general public
How does the project work?

Building on the constructive co-operation established with the national partners, the Council of Europe will continue strengthening their capacities through the legal expertise, workshops, seminars and training on leading case-law of the European Court of Human Rights, as well as relevant study visits so that the institutions are able to effectively play their role in the process of execution of European Court of Human Rights judgments by Armenia and that the case-law of the European Court of Human Rights is applied in a more harmonised way at national level.

What do we expect to achieve?
  • The national legislation and practice regarding the pre-trial detention, effective investigations of the alleged deprivation of life and ill-treatment, as well as freedom of assembly cases is further revised and aligned with the European standards.
  • The national legislation on the Compulsory Enforcement Service of the Ministry of Justice is improved to ensure proper regulatory framework and safeguards against late or non-execution of national courts’ judgments.
  • National authorities’ efforts on overseeing the execution of the ECtHR judgments are further enhanced and coordinated.