Statement of the Governing Board of the CSO Anti-Corruption Coalition of Armenia on the Post-Election Process of the Local Elections, including in the Vanadzor community

The Governing Board of the CSO Anti-Corruption Coalition of Armenia has issued a statement on the post-election processes of local self-government bodies, including the Vanadzor community, which states:

“The recent post-election processes of local self-government elections in the Republic of Armenia grossly violate the exercise of the RA citizen’s right of suffrage in the local self-government elections guaranteed by Article 48 of the RA Constitution. The illegal influence of the ruling political force and law enforcement agencies and interference in the elections took place during and after the elections in a number of communities. Such influences and interventions are clearly manifested in the post-election process of the elections of the Council of Elders of Vanadzor enlarged community (constituency # 23).

Analysis of post-election processes on the example of Vanadzor community allows the CSO Anti-Corruption Coalition of Armenia to state the following:

Factual Circumstance 1.

Mamikon Aslanyan held the position of the head of Vanadzor Community of Lori region of the Republic of Armenia from 10 October, 2016 to 10 October, 2021. In August and September 2021, the former mayor, Mamikon Aslanyan announced that he would participate in the elections of the Council of Elders of Vanadzor enlarged community on 5 December, 2021, and on 24 September, he officially announced that he would participate in the election as ASLANYAN Alliance.

Reaction 1.

On 14 September, 2021, the RA Investigative Committee initiated a criminal case on a number of circumstances of Mamikon Aslanyan’s allegedly dangerous public actions during his tenure of former mayor of Vanadzor.

Factual Circumstance 2.

On 5 December, 2021, the elections of the Council of Elders of Vanadzor enlarged community were held. Council of Elders of Vanadzor enlarged community consists of 33 members. 10 political forces participated in the elections. Five political forces exceeded the established minimum threshold, and the mandates were distributed in the following proportion:

1) “Mamikon Aslanyan” Alliance of Parties – 15 seats, 2) “Civil Contract” Party – 9 seats, 3) Labor Socialist Party of Armenia – 5 seats, 4) “Hayrenik” Party – 2 seats, 5) “Country to Live” Party 2 seats.

As a result, the “Mamikon Aslanyan” Alliance of Parties decided to form an alliance with other opposition political forces, members of the Council of Elders, to exercise executive power in the community.

Reaction 2.

Mamikon Aslanyan was arrested and detention was chosen as the measure of restraint on 15 December 2021, just a few days before the first meeting of the Council of Elders.

Factual Circumstance 3.

The first session of Council of Elders of Vanadzor enlarged community was appointed on 24 December 2021, at 11:00 p.m. Mamikon Aslanyan, who is the first on the electoral list of the “Mamikon Aslanyan” Alliance of Parties, is a candidate for mayor of the Alliance as well

Reaction 3.

The “Bright Armenia” Party (which participated in the local elections of the enlarged community of Vanadzor, did not exceed the established minimum threshold and did not participate in the distribution of mandates (received 1314 votes in favor, 3.97% of the votes) filed a lawsuit in the administrative court of Vanadzor, with request to invalidate the decisions No. 37-A and No. 38-A of the Territorial Electoral Commission No. 23 of 12.12.2021 on summarizing the voting results of the local elections of the enlarged community of Vanadzor of 05.12.2021, and recognizing the corresponding number of candidates included in the electoral list of the “Bright Armenia” Party as elected, due to which the election of the Mayor of the community did not take place and was postponed. On 21.12.2021 the claim was rejected by the verdict of the RA Administrative Court.

The tandem of political agreements between the “Civil Contract” and “Bright Armenia” Parties is not new, it also functioned in the National Assembly on 18 November, 2019, during the election of the members of the Commission for Prevention of Corruption, when the members of the CPC were nominated and elected as a result of political agreements between the “Civil Contract”, “Bright Armenia” and “Prosperous Armenia” Parties, thereby giving the Commission a very political shade by canceling and overturning the competition procedure for electing CPC members. Iravaban.net online media referred to this in its investigations “Why didn’t the Corruption Prevention Committee need the Competition Board or Who didn’t need that Board?” and “Who and How failed the Anti-Corruption Institutional System in Armenia?”

Factual Circumstance 4.

According to Article 208, Part 1, Clause 1 of the RA Administrative Procedure Code: 1. Electoral cases are examined and resolved solely by a judge of the Administrative Court, with the exception of:

1) to challenge the decisions made as a result of the elections of local self-government bodies… cases that are actually considered and resolved by an administrative court in a collegial composition of 5 judges:

According to Article 213, Part 1 of the same Code: 1. Judicial acts of the Administrative Court on the Protection of Electoral Rights, which resolve the case on the merits, are final, not subject to review and enter into force upon publication.

The above-mentioned decision of the Administrative Court is final, not subject to review and entered into force from the moment of its publication, that is, on 21.12.2021.

Reaction 4.

The “Bright Armenia” Party filed a lawsuit with the RA Administrative Court on 23.12.2021 against the Council of Elders of Vanadzor community and the staff of Vanadzor community, that is, the day before the session in the Council of Elders with demands to: the Vanadzor community council to refrain from actions aimed at electing the head of Vanadzor united community, that is, to refrain from holding a meeting with the agenda of electing a community head and/or to refrain from electing a community head; and/or to recognize as illegal the action of announcing the termination of the powers of the Vanadzor community head of the Vanadzor community staff.

The Court accepted the Claim into proceedings on 24 December, 2021; the plaintiff also mediated to apply securing the claim, which was partially satisfied by the court, by the decision of the court of 24.12.2021, the securing of the claim was applied, that is to prohibit the Defendants from taking any action aimed at organizing and holding the meetings of the Council of Elders to discuss the issue of electing a community head until the resolution of the issue of accepting the appeal submitted to the RA Administrative Court of Appeal in administrative case No. VD / 13178/05/21.

Despite the fact that according to Article 213, Part 1 of the RA Code of Administrative Procedure , the decision made on administrative case No. VD/13178/05/21 is final, not subject to review and enters into force upon publication, nevertheless, the above-mentioned decision was appealed by the “Bright Armenia” Party in the order of appeal. The plaintiff mentioned as the basis for the claim submitted on 23.12.2021 the fact that the above decision has been appealed, as well as on that basis, as they appealed the verdict, mediated to secure the claim.

The deadline for resolving the issue of the appeal filed by the “Bright Armenia” Party is 7 January, 2022.

As a result of the above-mentioned court proceedings, the session of the Council of Elders to be convened on 24.12.2021 did not take place.

Factual Circumstance 5.

Article 48 of the Constitution of the Republic of Armenia defines the right of suffrage, according to parts 3 and 4 of which: 3. Citizens of the Republic of Armenia having attained the age of eighteen on the day of election … shall have the right to elect and be elected during the elections of local self-government bodies. … 4. Persons declared, upon civil judgment of the court having entered into legal force, as having no active legal capacity, as well as persons sentenced and those serving the sentence, upon criminal judgment having entered into legal force, for a grave criminal offence committed intentionally shall not be entitled to elect or be elected or participate in a referendum. Persons sentenced and those serving the sentence, upon criminal judgment having entered into legal force, for other criminal offences shall not be entitled to elect as well.

Article 142.2 of the Constitutional Law “RA Electoral Code” defines the election of a community head, according to which: «1. the election of the mayor is held during the first session of the newly elected Council of Elders. The first session is continuous, except for the time for breaks and rest, until the election of the mayor…”

There is not any verdict against Mamikon Aslanyan in any court case that has entered into force by which he has been convicted and is serving a sentence for serious crimes committed intentionally, nor is he a convicted person serving a sentence that has entered into force and is serving a sentence for other crimes.

Reaction 5.

In this case, Mamikon Aslanyan, being in pre-trial detention in a criminal case on a number of circumstances of allegedly dangerous public acts, is, in fact, deprived of the right to vote, as well as of his right to be elected. He is not allowed to participate in the meetings of the Council of Elders and exercise his right to vote. The criminal and administrative veil processes create obstacles for the holding of the Council of Elders session and to ensure the realization of Mamikon Aslanyan’s right of suffrage.

Taking into account the above and condemning the illegal influences and interventions of the ruling political force and law enforcement bodies on the recent post-election processes in the Republic of Armenia, the CSO Anti-Corruption Coalition of Armenia calls on:

1. the ruling political force, on behalf of the executive power; to stop the illegal influences and interferences, including those of a veiled nature, on the formation of local self-governments in Vanadzor and other communities,
2. the Prosecutor General’s Office of the Republic of Armenia; to conduct a proper investigation into the illegal influences and interference, including those of a veiled nature, of the executive power, including law enforcement bodies, on the formation of local self-government bodies in Vanadzor and other communities,
3. the International organizations; to focus on the issue of illegal influences and interventions, including those of a veiled nature, of the executive power, including law enforcement bodies, on the formation of local self-government bodies in Vanadzor and other communities.

Note 1.

1. This statement, based on the presented facts, refers exclusively to the electoral process and the observance of the constitutional requirements for the exercise of the right of suffrage.
2. In the current situation, it is very important to maintain the presumption of innocence guaranteed by the Constitution of the Republic of Armenia and the principle of excluding any interference in criminal cases, so the guilt or innocence of a person must be proved by a judicial act issued and entered into legal force, with strict observance of the requirements of the legislation of the Republic of Armenia,

Note 2.

The CSO Anti-Corruption Coalition of Armenia is a professional civil society structure, which was founded on 28 November 2014 in Yerevan. The Coalition currently has 71 civil society organizations, and the Secretariat is run by the Armenian Lawyers’ Association.