EU Envoy Says Criminalizing Insults May Harm Freedom Of Expression In Armenia

Criminalizing defamation or insult could have a chilling impact on the right to freedom of expression in Armenia, the head of the European Union’s delegation to the country told RFE/RL.

Amendments to the Armenian Criminal Code adopted by parliament last summer made insulting government officials and public figures an offense punishable with hefty fines or prison sentences of up to three months.

The opposition and human rights activists have criticized the measure, calling it an infringement of free speech.

Asked whether the EU delegation to Armenia shares local and international concerns regarding the legislation, Andrea Wiktorin told RFE/RL's Armenian Service that the delegation is closely monitoring the situation and “does its own legal analyses” together with colleagues in Brussels.

In written responses to the Armenian Service's questions, Wiktorin stressed that a law which interferes with freedom of expression “must be narrowly and precisely circumscribed so that it is legally predictable and certain.”

Wiktorin stressed that Armenia is a member of the Council of Europe and should therefore abide by the continental human rights body's rules.

“Most importantly, the question is whether the law is implemented in a democratic and nonarbitrary manner, on the basis of objective criteria, subject to independent judicial control, where the judges consider the proportionality of the sanction," Wiktorin said.

The EU diplomat said also that the delegation had “a general consultation” with Armenian Prosecutor-General Artak Davtian earlier this month.

“We talked about a number of issues and had a very profound and detailed discussion. I am convinced he takes the issue very seriously,” Wiktorin said.

Armenian authorities have defended the controversial law. Speaking after his March 3 meeting with Wiktorin, Davtian said the law is necessary for “reducing or neutralizing the scale and impact of hate speech.”

Several international organizations, including the Parliamentary Assembly of the Council of Europe, have called on Armenia to decriminalize “grave insults" while U.S. democracy watchdog Freedom House has repeatedly said the passing and enforcement of the controversial law highlights a “clear degradation of democratic norms” in Armenia.

Armenia’s Constitutional Court on March 22 began considering the constitutionality of the legislation following a claim lodged by the country’s ombudsman. The court said the examination of the claim proceeds in writing.