Article 11 of the ECHR enshrines the right of everyone to freedom of peaceful assembly and to freedom of association.  No restrictions shall be placed on the exercise of these rights other than such as prescribed by law and necessary in a democratic society in the interests of national security or public safety.

To implement this right, the Council of Europe provided expert support for preparing the new draft law on “Police Guard" and introducing relevant amendments in a number of associated legal acts. The new draft law was approved by the Government of Armenia on 2 May.

On 16-17 May, the Council of Europe in cooperation with the Ministry of Internal Affairs organised a round table discussion (RTD) on the new draft law with the members of the National Assembly, with the focus on the right to freedom of peaceful assembly. Notably, in the leading case under enhanced supervision of the Committee of Ministers, Mushegh Saghatelyan v. Armenia, as well as other judgements from this group of cases, the European Court found disproportionate and unnecessary dispersal of the peaceful protests and related detention, prosecution and convictions of activists, as well as lack of effective domestic remedy for grievances under Article 11 of the ECHR. The judgements reveal deficiencies in safeguarding the right to peaceful assembly within the national legal framework. Acknowledging the pressing need for reforms, it is essential to harmonise national legislation and practices with European standards.

The discussion was important in the overall process of elaboration of the new draft law, providing a platform for constructive dialogue, issue resolution, and the exchange of perspectives and proposals, before the hearings at the National Assembly. The Council of Europe places immense value on the cooperation with the National Assembly, recognising its role in adopting legal acts and ensuring the sustainability of results.

The event was organised by the Project “Support to the effective execution of the judgments of the European Court of Human Rights in Armenia”, funded by Human Rights Trust Fund and implemented in the framework of the Council of Europe Action Plan for Armenia for 2023-2026.