“It is a fact that Article 1087 of the Civil Code of the Republic of Armenia impedes the freedom of press and the freedom of speech”, Armine Ohanyan, the editor-in-chief of “Hraparak” (square) newspaper stated at “Hayatsk” (view) club today. Let me remind you that the Constitutional Court has ruled the other day that the libel and offense articles of the Civil Code of the Republic of Armenia are constitutional.
“The fact that there are 30 lawsuits against newspapers shows that the article is so bad and vague that anyone can file in the court concerning any article and demand dignity”, said A. Ohanyan and at the same time pointed out a few things that were positive in terms of interpreting the law. She later said, “But, in the end, the Constitutional Court is not an association of legal consultants or a scientific organization. It should have just decided whether the given law allows the Constitution to be enforced in Armenia. Now we have a law, the right enforcement of which depends on the judges’ skills, diligence, not being corrupted, fairness and understanding the role of the press. But should there be a law that depends on the skills of judges? Don’t doubt that one judge will make the right decision and another will make the wrong one and we will have no right to say that he has made the wrong decision. What leverage does the Constitutional Court, generally the government, the press, have to make these regulations work? I think none.”
Ashot Melikyan, head of the Committee on the Defense of Freedom of Speech, thinks that the law makes large room for subjectivism and it should be amended, but he doesn’t agree that the ruling of the Constitutional Court nullifies the possibility of amending that article.
Lusine KHACHATRYAN