From: Justin Burke (JBurke@sorosny.org)
Date: Thu Sep 02 2004 - 10:28:58 EDT
YEREVAN PRESS CLUB WEEKLY NEWSLETTER
AUGUST 26 - SEPTEMBER 2, 2004
HIGHLIGHTS:
INVESTIGATION OF VIOLENCE AGAINST JOURNALISTS CASES CONTINUES
LACK OF PUNISHMENT GENERATES NEW CRIMES
HUMAN RIGHTS PROTECTION: COURTS AND MEDIA
COURT OF APPEALS MADE A DECISION IN FAVOR OF HCA VANADZOR BRANCH
CRIMINAL PROCEEDINGS AGAINST CORRESPONDENT OF "HAYOTS ASHKHAR" HAVE NOT
BEEN INSTITUTED
"KENTRON", "ARAVOT TV" AND: BACK TO "KENTRON"?
HMAYAK HOVHANNISIAN ADDRESSES THE GENERAL PROSECUTOR AGAIN
BROADCAST LICENSING COMPETITION ANNULLED
NCTR FINES "TSAYG" TV COMPANY
REGIONAL CONFERENCE ON MEDIA LEGISLATION
TWO MDI EVENTS
TITLE FOR JOURNALISTS
JUBILEES OF "ARAVOT" AND "IRAVUNK"
PRESS CHRONICLE
INVESTIGATION OF VIOLENCE AGAINST JOURNALISTS CASES CONTINUES
On July 21 in accordance with a resolution made at the session of the
Media Legislation Working Group, established by OSCE initiative, the
Head of OSCE Office in Yerevan Vladimir Pryakhin addressed an inquiry to
the RA General Prosecutor's Office on the progress made in investigating
the facts of violence against journalists, committed on April 5 and on
the early morning of April 13. On August 6 the answer to the inquiry,
signed by the Deputy General Prosecutor Gevorg Danielian, was received.
The answer of the General Prosecutor's Office mentioned that the
preliminary investigation of the case on the attack of media
representatives on April 5 was completed on June 2, and on June 10 the
trial was held, ending in sentence of the two defendants - in accordance
with Part 1 of Article 185 of the RA Criminal Code ("Intentional
destruction or damage of property") - were sentenced to a fine of
100,000 drams each (see details in YPC Weekly Newsletter, June 4-10,
2004).
The General Prosecutor's Office also informed that the investigation of
events that occurred during an opposition rally in early morning of
April 13 continues (see YPC Weekly Newsletter, April 9-15, 2004). "In
particular, regarding the violent acts against 4 journalists, the
following has been discovered during the course of the investigation.
On April 16, 2004, in a letter to the RA General Prosecutor, M.
Ghalechian (correspondent of "Chorrord Ishkhanutyun" newspaper -
Editor's note) reported that at about 3 o'clock in the morning of April
13 he was beaten by 4-5 representatives of special troops and a
civilian.
The correspondent of "Haikakan Zhamanak" daily H. Gevorgian was brought
to the police station of Nork-Marash community to determine the
circumstances of his beating. After that he was delivered to "Surb
Grigor Lusavorich" medical center. After the forensic investigation it
was stated that his injuries are not very serious and can be qualified
as minor physical damage.
The correspondent of "Haikakan Zhamanak" A. Babajanian was also brought
to the police station of Nor Nork, however he refused to undergo a
forensic examination.
L. Grigorian, the representative of the First Channel of Russian
Federation (ORT), came to the police station of Arabkir community on
April 13, 2004, to report that he, too, had been beaten during the rally
mentioned above. By the findings of the forensic examination, he
suffered minor physical damage" , the reply of the General Prosecutor's
Office to the inquiry of Vladimir Pryakhin said.
By the evaluation of Yerevan Press Club, the reply of the General
Prosecutor 's Office is nothing more but a formal letter. Otherwise how
can a broken nose and a loss of consciousness (recorded by the forensic
examination) of cameraman Levon Grigorian, suffered as a result of the
action of the law enforcement bodies aimed at stopping the rally on the
early morning of April 13 be qualified as a "minor physical damage". A
number of other comments by the General Prosecutor's Office are also
inadequate to the situation. The recent development showed that this
attitude towards violence against journalists is bound to become a
habitual practice.
LACK OF PUNISHMENT GENERATES NEW CRIMES
On August 24 in Tsaghkadzor (Kotayk region) another attack on
journalists was made. The correspondent of "Photolure" photo news agency
Mkhitar Khachatrian and the correspondent of "Aravot" daily Anna
Israelian arrived in Tsaghkadzor to prepare a piece on the forest
cuttings next to the sports complex to build summerhouses for senior
officials. When Mkhitar Khachatrian, having finished the shooting of the
sites, returned to the Writers' House, he was awaited by a group of four
unknown individuals, supposedly, the guards of the elite summer houses.
One of them, with his hair cropped, started a verbal scuffle with the
photojournalist, accusing him of trespassing and demanding that he give
up the memory chip of the digital camera. Not confining himself to
swearing, the "skinhead" tried to snatch the journalist's camera in the
view of the guest, staff and visitors of the Writers' House. The
skirmish that ensued moved to the office of the director of the Writers'
House and eventually, the "skinhead" managed to take away the camera and
remove the memory chip. After this the strangers left the site of the
incident. Mkhitar Khachatrian was injured on his neck, throat, arms and
back. Nevertheless, the photojournalist did not intent to address the
law enforcement bodies, since, as he says, he does not believe that
those guilty will be punished.
On the same day, August 24, the Journalists Union of Armenia and Yerevan
Press Club adopted a statement condemning the repetition of violence
against journalists and called again to find and punish those guilty.
"To guarantee the safety of a journalist on professional duty, during
his/her work - this slogan has repeatedly been recorded in the
statements of journalistic associations whenever violence against
journalists occurred.
The lack of punishment inevitably generates new crimes and today we
reaffirm our indignation at the incident that occurred on August 24,
2004 in Tsaghkadzor. The correspondent of "Photolure" agency, a member
of the Journalists Union of Armenia Mkhitar Khachatrian, on a
professional mission related to environmental problems, forest
preservation in Tsaghkadzor, was violently attacked by a group of
strangers, one of them with his hair shaved off. With curses and threats
the assaulters snatched off the memory chip of the journalist's photo
camera and injured him.
We reinstate that the violence against journalists and the obstruction
of their work is a consequence of the lack of punishment to those who
were to blame for the previous incidents.
Strongly condemning this other act of violence against a journalist on
duty, we demand the law enforcement bodies to intervene by taking
specific steps to disclose and punish those guilty", the statement of
the two professional associations said.
The statement of YPC and the Journalists Union of Armenia was also
joined by the participants of seminar "Judicial Protection of Human
Rights in Armenia and the Media Involvement in the Process", held in
Tsaghkadzor on August 26-28 (see below), as well as a number of
journalistic organizations and media.
Condemnation of the incident in Tsaghkadzor was also voiced by the
Writers Union of Armenia, the Committee to Protect Journalists and the
International Press Institute in Vienna.
On August 26 the RA General Prosecutor's Office issues a press release,
notifying that criminal proceedings were instituted on the facts of
public disorder and obstruction of the legitimate professional
activities of the photojournalist Mkhitar Khachatrian and journalist
Anna Israelian. The proceedings were instituted by the Department for
Protecting the State Interest of the RA General Prosecutor's Office by
Part 1 of Article 164 ("Obstruction of Legitimate Professional
Activities of a Journalist" and part 1 of Article 258 ("Public
Disorder") of the RA Criminal Code. Besides, the attacker has been
identified. By the data of the Prosecutor's Office this was a resident
of Yerevan Gagik Stepanian, born in 1961, brought to the Prosecutor's
Office for interrogation. Later, the two-time ex-convict Gagik Stepanian
was imprisoned as a preventive punishment.
The journalistic community responded to this, yet another violent act
with a number of actions. The next day, on August 25 "Aravot" daily
published a report of the incident that was accompanied by empty frames
with titles instead of the intended photographs of the cut forest. On
August 28 representatives of several dozens of Armenian media, public,
also journalistic organizations, went to Tsaghkadzor and made the same
route that Mkhitar Khachatrian while shooting. On August 31 articles on
the trip and the forest cuttings in Tsaghkadzor with photographs were
published by many leading Armenian newspapers.
HUMAN RIGHTS PROTECTION: COURTS AND MEDIA
On August 26-28 in Tsaghkadzor seminar "Judicial Protection of Human
Rights in Armenia and the Media Involvement in the Process" was held by
"Femida" NGO with the assistance of Friedrich Ebert Foundation. The
seminar brought together representatives of judicial branch of power,
media, public, also journalist organizations. The meeting participants
learned about the findings of the monitoring of judicial issues coverage
by media, reports on the Armenian suits filed with the European Court of
Human Rights and the procedure for their consideration, the practice of
litigation involving media as a party, the reasons of public discontent
with the judicial system of Armenia. In the course of the seminar a TV
program on the issue of acquittal sentence was demonstrated.
COURT OF APPEALS MADE A DECISION IN FAVOR OF HCA VANADZOR BRANCH
On August 24 the RA Court of Appeals secured the appeal of the Vanadzor
Branch of Helsinki Citizens Assembly, filed because of the clarification
of a court ruling on the suit of the organization versus Vanadzor
municipality. As it has been reported, on April 30 the court of primary
jurisdiction of Lory region secured the suit of Vanadzor Branch of HCA,
obliging the municipality to provide the copies of resolutions of the
municipality and the Council of Senior Citizens of the community for
2002-2003, except for those constituting a secret, to the organization.
The amount of a local duty for the receipt of the documents was defined
to be only 1,000 drams (about $ 2). However, on June 10 the same court
passed a resolution on clarification of the ruling, according to which
the HCA Vanadzor Branch was presently to pay the duty of the same 1,000
drams but for each copy of the documents requested (see YPC Weekly
Newsletter, June 11-17, 2004).
The Court of Appeals recognized this clarification to be illegitimate.
In other words, now the city administration is to provide the HCA
Vanadzor Branch with all the documents requested for 1,000 drams.
CRIMINAL PROCEEDINGS AGAINST CORRESPONDENT OF "HAYOTS ASHKHAR" HAVE NOT
BEEN INSTITUTED
On August 6 the RA Court of Cassation left in force the ruling of the
preceding court on the legitimacy of actions of the investigating body
that did not institute criminal proceedings against the correspondent of
"Hayots Ashkhar" daily Kima Eghiazarian on the complaint of the Chairman
of Helsinki Association of Armenia Mikael Danielian. As it has been
reported, the reason for the appeal was the article by Kima Eghiazarian
titled "Mika's Hullabaloo for the Council of Europe" ("Hayots Ashkhar",
April 24, 2004) where, in the opinion of the human rights activist, an
"ungrounded conclusion" is made that Mikael Danielian is "the spy of the
Council of Europe in Armenia" (see YPC Weekly Newsletter, April 30 - May
6, 2004).
However, the RA Court of Appeals, that considered the complaint of
Mikael Danielian on July 8, and the investigative body that was to
decide the institution of criminal proceedings, took into account the
explanation of the author of the newspaper piece, who, referring to an
Armenian language dictionary, pointed out that the word she used has
other meanings but for a "spy".
"KENTRON", "ARAVOT TV" AND: BACK TO "KENTRON"?
On July 16 Aram Abrahamian on the pages of the daily he edits, "Aravot",
announced his resignation from the position of a director of "Aravot TV"
company. Aram Abrahamian headed "Aravot TV" (previously "Kentron") on
April 24, after the owner of the TV company changed (see YPC Weekly
Newsletter, April 23-29, 2004).
"My step is in no way related to politics, in which I never engaged and
am not going to engage in", Aram Abrahamian wrote in "Aravot" daily. "In
the course of my work as a head of TV company nobody ever exercised
political pressure on me, introduced censorship or expressed
dissatisfaction with the content of the news and program. On the
contrary, I was asked to stay. However, I will not stay since I am
discontent with the unserious attitude of the shareholders to their
property".
The discontent of Abrahamian was caused by the financial management of
the new owners of the TV company. According to the journalist, on July 8
he addressed the main shareholder of the TV company, the RA National
Assembly deputy Murad Guloyan with a letter, where he "gave a detailed
description of the financial situation of the TV company" and proposed
to take urgent measures to rectify it. "I am not going to demand money
for salaries and maintenance of an enterprise you own. I refuse my
salary for June. And I am enclosing my resignation notice to the letter.
If the events ensue as I expect them to develop, on July 16 I will
narrate the reasons for my resignation in 'Aravot'", the letter ended
saying. To follow the appeal of the shareholders and to continue working
"somehow" (that is, making low-quality production), in the opinion of
Aram Abrahamian, would lead to his professional discreditation.
The position of the head of "Aravot TV" was filled by one of the leading
journalists of the TV company Petros Ghazarian, the author and host of
"Urvagits" program. According to Petros Ghazarian, the TV channel will
soon return its old name "Kentron".
HMAYAK HOVHANNISIAN ADDRESSES THE GENERAL PROSECUTOR AGAIN
On July 9 the deputy of the RA National Assembly, the Chairman of the
Association of Political Scientists of Armenia Hmayak Hovhannisian again
addressed a letter to the RA General Prosecutor Aghvan Hovsepian with
regard to the accusations of himself made on June 15, 2004 on the air of
"ALM" TV company. The first appeal of the NA deputy to General
Prosecutor on June 21 contained a demand to institute criminal
proceedings against the owner and head of "ALM" media holding Tigran
Karapetian for incitement of national hatred, libel and insult. The
reason for this was the authorship program of Tigran Karapetian "Price
of Question", in which, in the opinion of Hmayak Hovhannisian, the
program host Tigran Karapetian insulted and defamed him (see YPC Weekly
Newsletter, June 18-24, 2004).
This time the NA deputy proposed a preventive punishment of imprisonment
for Tigran Karapetian, saying that "his being unpunished and the style
of management of "ALM" TV company contribute to the revelation of
fascist trend that before did not exist in Armenia".
On his behalf Tigran Karapetian said that he will only answer the
accusations of Hmayak Hovhannisian in court. The General Prosecutor's
Office so far has not instituted criminal proceedings against the head
of the media holding.
BROADCAST LICENSING COMPETITION ANNULLED
On August 18 at the session of the National Commission on Television and
Radio because of the lack of applications the broadcast licensing
competition for 33rd UHF in Nor Hachn (Kotayk region) was annulled. As
it has been reported, the competition for this frequency was announced
on May 11, 2004 (see YPC Weekly Newsletter, May 7-13, 2004).
NCTR FINES "TSAYG" TV COMPANY
On July 8 the National Commission on Television and Radio passed a
decision to fine "Tsayg" TV company of Gyumri. The fine of 100,000 drams
(about $
190) was imposed for broadcasting on May 31 and June 14, 2004 on the air
of "Tsayg" issues of "Okna" show program of Russian TNT channel. As NCTR
informed, by doing this "Tsayg" violated the requirements of Article 10
of the RA Law "On Television and Radio", namely - rebroadcast programs
of foreign company, without an appropriate agreement, and did not give a
prior notice of this to NCTR.
REGIONAL CONFERENCE ON MEDIA LEGISLATION
On July 31 - August 2 in Chakvi (Georgia) regional conference
"Harmonization of Media-Related Legislation of South Caucasus Countries
with European Standards" held by the Committee to Protect Freedom of
Expression (Armenia), Baku Press Club (Azerbaijan) and Association of
Young Lawyers (Georgia), under a homonymous project implemented with the
assistance of Cooperation Program in South Caucasus of Eurasia
Foundation.
The conference participants - representatives of media, public, also
journalistic organizations discussed the process of reforming
legislative sphere, regulating the media activities, in the three
countries of South Caucasus, in the context of commitments assumed to
the Council of Europe. It was noted that recently, due to various
reasons, also lobbying activities, certain positive changes have
occurred in the media legislations of Armenia, Azerbaijan and Georgia.
The meeting participants took particular interest in the problem of
legal regulation of the TV broadcasting. The second part of the
conference was dedicated to the violations of the rights of journalists
and media in Armenia, Azerbaijan and Georgia in 2001-2003, along with
the current situation in the sphere.
The final stage of the project "Harmonization of Media-Related
Legislation of South Caucasus Countries with European Standards" will
consist in the publication of a book, containing reviews of the main
provisions of the media legislation and adjacent laws, comparative
analysis of these legal acts and recommendation on their improvements as
well as reports on the violations of rights of journalists and media in
2001-2003.
TWO MDI EVENTS
On July 14-16 in London Reporting Diversity Network Meeting (the South
Caucasus Chapter) and Media Management Conference for South Caucasus
Decision-makers "Diversity as a Business Tool" were held. The two
events were organized by London-based Media Diversity Institute (MDI)
under a three-year project "Empowering Minorities and Media Development
in South Caucasus", implemented by this NGO with the support of European
Community and the Netherlands Foreign Ministry. The partners of MDI
South Caucasus project, including representatives of Yerevan Press Club,
Internews Armenia and "Asparez" Journalist's Club of Gyumri, discussed
the program progress and the future cooperation forms. At the conference
for media decision-makers from South Caucasus presentations were made by
the leading employees of "Leicester Mercury" newspaper, BBC, Solihull
College and British Refugee Council. The conference participants also
met the Chairman of All Party Group on the South Caucasus of the British
Parliament, MP Angus Robertson.
TITLE FOR JOURNALISTS
On July 10 the President of Armenia Robert Kocharian signed the Law "On
Honorable Titles of RA". In particular, now the honorable title of
"Journalist Emeritus of Republic of Armenia" is established for
representatives of "fourth estate".
JUBILEES OF "ARAVOT" AND "IRAVUNK"
On August 1 "Aravot" daily became 10 years old.
On August 11 "Iravunk" newspaper celebrated its 15th anniversary.
Yerevan Press Club congratulates the colleagues on these festive
occasions, wishes them prosperity, fruitful work and success.
PRESS CHRONICLE
Since July 19 "Yerkir-Media" TV company started full-time broadcasting.
The new channel had appeared on the Armenian air on May 28, having won
the broadcast licensing competition for 56th UHF of Yerevan (see YPC
Weekly Newsletter, May 28 - June 3, 2004).
Starting from the same July 19 on 103 FM (taken by "Van" radio station)
the rebroadcasting of programs of the Russian State Radio Company "Golos
Rossii" started. "Golos Rossii" is aired every day from 8.00 to 10.00
and from 20.00 to 22.00. The newscasts of the radio company are also
aired during the 15 minutes of every hour (from 11.45 till 19.00).
When reprinting or using the information above, reference to the Yerevan
Press Club is required.
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Editor of YPC Newsletter - Elina POGHOSBEKIAN
____________________________________________
Yerevan Press Club
9B, Ghazar Parpetsi str.
375007, Yerevan, Armenia
Tel.: (+ 374 1) 53 00 67; 53 35 41; 53 76 62
Fax: (+374 1) 53 56 61
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