A/HRC/41/41/Add.4
assemblies, provides that the notification can be submitted in written form, in person or by
post.
35.
The law on freedom of assemblies provides that, regardless of the type of assembly,
it is incumbent on the police to provide security and enable demonstrations to be held, as
long as they are peaceful. However, article 32 of the law provides that if the assembly is
held in violation of the notification requirements envisaged in chapter 2 of the law, then the
police should use a loudspeaker to inform the persons present that the assembly is illegal
and that participants are subject to liability as defined by the law.
36.
Article 18 of the law sets out the grounds for applying restrictions to an assembly
and stipulates that holding counter-assemblies is not a ground for imposing limitations on
the first assembly, unless there is an imminent danger of a clash between participants.
37.
Article 19 of the law prohibits an assembly if its purpose is to forcibly overthrow the
constitutional order, incite ethnic, racial or religious hatred, or advocate violence or war; or
if it is to be conducted at such a distance from a number of listed facilities, including the
residence of the President of the Republic, the seats of the National Assembly and the
Government or the courts or correctional facilities, as to threaten their activities. The
Special Rapporteur is concerned that this provision could amount to a blanket application of
legal restrictions by prohibiting demonstrations in certain locations. In that regard, he
emphasizes that blanket bans are intrinsically disproportionate, because they preclude
consideration of the specific circumstances of each proposed assembly (A/HRC/31/66,
para. 30).
38.
In the case of spontaneous or urgent assembly, article 27 of the law requires the
organizer of the assembly to inform the police in charge of the area concerned. For urgent
assemblies, the organizer should inform the authorizing entity and the police prior to taking
steps to organize an assembly.
39.
The law provides that decisions of the authorizing entity can be appealed to the
administrative court within three days of a decision to apply restrictions or prohibit an
assembly, or within 24 hours if the decision is made not later than seven days prior to the
planned assembly. The appeals are accepted on the same day and are examined by the court
within two calendar days.
40.
The Special Rapporteur became aware that in 2017, the Ministry of Justice had
presented a new draft law to amend the current law on freedom of assemblies, reportedly to
bring it into compliance with the 2015 constitutional reforms. He also became aware that
the draft presented numerous restrictive provisions that gave rise to concern. The Special
Rapporteur took note that, in accordance with the regulations of the e-draft.am platform,
the draft law was still accessible to the public on the platform and that all drafts uploaded
onto the platform remained accessible regardless of whether they had been adopted or not. 7
41.
The Special Rapporteur is also aware that in addition to this initiative, in 2018 some
members of the National Assembly presented to the parliament a new draft law on
amendments to the law on freedom of assembly, which envisages restrictions on the
conduct of assemblies at a certain distance from religious locations.
42.
The Special Rapporteur considers that neither of the drafts contribute to
strengthening the current legal framework and notes that, according to the information
received from the Government, they have been removed from the government agenda.
43.
Overall, the Special Rapporteur notes that the law on freedom of assemblies is in
accordance with international human rights standards, however he notes that its application
can present some challenges.
7
6
See www.e-draft.am/projects/106/about.
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