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Against Freedom of Expression: Armenian Media Digest, June 15-21

1. European Court verdict disregarded in Armenia?

The “168 Zham” newspaper made a reference to the first anniversary of the European Court verdict for A1plus TV Company in its June 18 issue. The television company’s representative, lawyer Tigran Ter-Yesayan has particularly told 168 Zham that a year has already passed since the verdict was taken by the European Court, whereas the Armenian authorities haven’t yet implemented the Court’s demands.

According to the lawyer the European Court demands to restore the rights of A1plus, which is impossible because the adopted decisions impede the demand’s realization. Ter-Yesayan has told that the authorities of Armenia via National Assembly have deliberately made an amendment in the law (December 10, 2008), according to which the competition for frequency allocation is frozen until January 21, 2011. Whereas the government reasons the adoption of this item on not holding competition for frequency allocation by the ground that the field of television should pass to digital broadcasting over the next two years, thus it is not reasonable to hold competition for two years.

1. European Court verdict disregarded in Armenia?

The “168 Zham” newspaper made a reference to the first anniversary of the European Court verdict for A1plus TV Company in its June 18 issue. The television company’s representative, lawyer Tigran Ter-Yesayan has particularly told 168 Zham that a year has already passed since the verdict was taken by the European Court, whereas the Armenian authorities haven’t yet implemented the Court’s demands.

According to the lawyer the European Court demands to restore the rights of A1plus, which is impossible because the adopted decisions impede the demand’s realization. Ter-Yesayan has told that the authorities of Armenia via National Assembly have deliberately made an amendment in the law (December 10, 2008), according to which the competition for frequency allocation is frozen until January 21, 2011. Whereas the government reasons the adoption of this item on not holding competition for frequency allocation by the ground that the field of television should pass to digital broadcasting over the next two years, thus it is not reasonable to hold competition for two years.

Noting that A1plus is satisfied with the European Court verdict, Tigran Ter-Yesayan has informed that they have applied to the National Council on Television and Radio of Armenia (NCTR) with the following question: “When are you going to hold a new competition?” Noting that the NCTR answer is expected to be illogical, Ter-Yesayan has emphasized that after the European Court verdict the addressee is not NCTR, but the RA government. “Today the government’s task is to organize a competition and to restore the rights of A1plus. And how to do it or via what body – is the government business,” has concluded the lawyer.

2. Verdict remained unchanged, photojournalist’s penalty – too

A reference to 15 June trial of photojournalist Gagik Shamshyan of “Aravot” and “Chorrord Ishkhanutyun” newspapers was made on June 16 by “Zhamanak”. Shamshyan had applied to the Cassation Court to revise the verdict reached by the Court of First Instance of Kentron and Nork-Marash Communities, according to which he has been accused of not yielding Judge Gagik Avetisyan’s instruction and insulting him during the oppositionist Smbat Ayvazyan’s trial on August 5, 2008. The newspaper reports that the Cassation Court didn’t satisfy the photojournalist’s suit and left the verdict unchanged. The court of common law had fined Gagik Shamshyan by 350 000 drams (about US$930).

3. OSCE instructing Turkey to drop charges against journalist

Miklos Haraszti, the OSCE Representative on Freedom of the Media, asked Turkish authorities today to drop charges against journalist Nedim Sener for his investigative book on the murder of fellow journalist Hrant Dink, and called for urgent reform of laws that restrict freedom of expression. “Sener is prosecuted in defiance of freedoms that both OSCE commitments and Council of Europe standards grant to critical publications,” wrote Haraszti in a letter to Foreign Minister Ahmet Davutoglu.

Haraszti emphasized that Sener has critically assessed the events leading up to Hrant Dink’s murder, and the deficiencies afterwards in the handling of the case and in the prosecution of the perpetrators. “Justice must not be degraded into an act of revenge by the criticized authorities,” said Haraszti. Sener, a journalist for newspaper Milliyet has written a book, entitled “The Dink Murder and Intelligence Lies”. The book alleges that security forces failed to stop the murder of the well-known Turkish-Armenian writer in 2007, and cites alleged incidents of negligence by gendarmerie, police and national intelligence officers working on the case.

Sener faces up to 28 years of imprisonment for the book he has published. Miklos Haraszti noted that fact-finding journalism is not subject to criminal prosecution. He drew attention also to several legal provisions in Turkey that could be misused to curb freedom of expression and information. Haraszti claimed that no laws could be used to restrict speech rights. “By dropping the charges against Sener, Turkey could now stop punishing the messengers of unwelcome news, and instead carry out much-needed legal reform to ensure freedom of expression,” wrote the OSCE Representative on Freedom of the Media Miklos Haraszti(For links to sources of further information, please visit: http://www.osce.org/item/38228.html).

Source: JNews.am