ArmInfo. Ombudsman of Armenia Arman Tatoyan appealed to the Constitutional Court in connection with the restriction of media activities under martial law. Tatoyan himself announced this on his Facebook page.
"Today I applied to the RA Constitutional Court on the constitutionality of norms establishing administrative responsibility and restrictions on expression of opinion and freedom of the press on the basis of martial law," the Ombudsman said.
Tatoyan stated that it is obvious that martial law can be the basis for restricting human rights and freedoms, including freedom of expression, and the Armenian Constitution provides for such an opportunity in order to exclude dangers and threats in the flow of information in order to more effectively protect human rights in a state of war. provisions.
But on the other hand, continued the Human Rights Defender, it is essential that there are fixed clear rules of restrictions, their high degree of specificity, excluding any uncertainty, since the requirement applies not only to media organizations and journalists working in Armenia, but to all citizens in general. ... According to him, this, in turn, means that in specific cases, administrative procedures and fines for violating restrictions should not become a disproportionate interference with human rights or the professional activities of persons involved in the media.
Tatoyan also added that the restrictions imposed created legal difficulties for the police, which became their "legal victim", and the suddenness of their introduction created unnecessary difficulties for the media, journalists and various citizens.
"In fact, in this difficult situation, the important public demand for awareness suggests that journalists working in accordance with professional principles and rules should be guaranteed better working conditions, ensuring that the rules are clear.
The application submitted to the Constitutional Court raised the issue of the compliance of the aforementioned provisions with the constitutional requirements of freedom of expression, legal certainty and proportionality, including taking into account international experience and standards. The statement also touched upon the procedural issues of adopting legal acts establishing these restrictions, "the Ombudsman of Armenia said, adding that the basis for the appeal was the statements and complaints of the Union of Journalists of Armenia, more than two dozen media outlets, citizens' appeals to the office of the human rights defender, the Ombudsman's own research , as well as explanations of state bodies on these issues.ЏаЁ н⮬ ’ в®п ®в¬ҐвЁ«, зв® ў бў®Ґ¬ ®Ўа 饨Ґ ў Љ®бвЁвгжЁ®л© бг¤ ® Їа®бЁв Ґ г«Ёа®ў вм Ё«Ё ®Ўг«Ёвм аҐиҐЁҐ ® § ЇаҐвҐ, ўўҐ¤Ґ®¬ ў гб«®ўЁпе ў®Ґ®Ј® Ї®«®¦ҐЁп, Ї®¤Ё¬ Ґв ў®Їа®б ® Ґ®Ўе®¤Ё¬®бвЁ ®ЎҐбЇҐзҐЁп зҐвЄ®бвЁ Їа ўЁ« Ё ¤Ґ©бвўгойЁе Їа ўЁ«, Ёе Є®ЄаҐвЁ§ жЁЁ. "For media organizations, individual journalists and citizens, it should be clearly indicated in which case their criticism, opinion or position will contradict the restrictions introduced during martial law, for what and what responsibility will arise if they violate these restrictions," he concluded Tatoyan. Let us remind you that the decree of the Armenian government "On the declaration of martial law in the Republic of Armenia" sets a number of restrictions on the implementation of publications and programs. It is forbidden to criticize, refute, question or otherwise devalue the actions of state and local self-government bodies and officials ensuring state security. Also, propaganda against the defense and security capabilities of the Republic of Armenia and the Republic of Artsakh is prohibited, including the publication of programs that question the defense capability of Artsakh. Violation of these rules by persons working in the media is punished by a fine in the amount of 700,000 to 1,000,000 AMD. If the publications are not canceled after the imposition of an administrative fine, the media will be fined from 1,000,000 to 1 million 500 thousand drams. Individuals not working in the media will be fined between 300,000 and 700,000 AMD. If, after the fine, the citizen does not immediately delete the publication, then he will be fined from 700,000 AMD to 1.000.000 AMD. If publications of this kind continue, the amount of the fine will double.