23 delegates from more than 10 member countries of the European Council have presented a petition from all political groups for the adoption of the resolution entitled “Mass wiretapping in Europe”. It will be in discussion on August 31. In the conversation with Aravot.am, human rights defenders considered the existence and application of human rights norms necessary, and expressed their concern about the fact that the wiretapping is still considered normal in Armenia.
Vardan Harutyunyan, head of “Rights and Freedom Center”, in a conversation with Aravot.am, noticed that wiretapping is a common phenomenon for post-Soviet countries. “We always deal with wiretapping phenomenon. No one will be surprised that now our conversation is recorded.”
To the question, whether the application of only formulas and rules are enough to get rid of this phenomenon, or the political will of the leadership of the country is necessary, V. Harutyunyan said: “It is possible that these formulas will affect Armenia in the future. But for today’s authorities, as well as for Ukraine, Belarus authorities, it is incredible that they should not wiretap. I relate this with giving up with the Soviet legacy. Our authorities manage with the Soviet mentality. We have not been cut off from the Soviet Union, we still live with the Soviet Union mentality and lifestyle. It is directly connected with the fact that our authorities are former “KGB-ists”. Our national security has not become national security of Armenia, it continues to remain a “KGB.”
Artak Zeynalyan, a member of “Republic” party and human rights defender, also signifies the application of legal norms in this issue and detailed: “People should be protected from illegal interferences to the rights to respect their privacy. It is impossible to rely only on the political will. The authority should be limited by real and effective legal regulatory mechanisms.” To our question whether people in Armenia are protected from wiretapping, A. Zeynalyan responded: “The legal framework may be sufficient, but the law enforcement does not apply in practice. Under the conditions of legal intervention, there is still not enough guarantees and law enforcement practice to apply these norms. The reason is in the perception that the man has this right, and it is a fundamental right. There is no respect for human rights.” With regard to inertia traditions of the Soviet Union, Mr. Zeynalyan said the following: “The attitude towards human rights that is available in Armenia today is inherited from the Soviet Union.
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People do not understand that they have this rights, and if interference occurs, they can recover the right. The Courts issue numerous wiretapping permissions but the individuals who have experienced such interference to their rights are not afterwards notified about it and the body conducting legal proceedings fails to inform them of the ways to seek restitution for their rights.” A. Zeynalyan believes that the procedures in the Criminal Procedure Code should be clearly defined, and the procedure on destruction of wiretapped records should be developed, the procedures of the rights to participate in its destruction should be developed. According to him, in case of interventions by non-state bodies, the state bodies should protect that rights, and implementers of illegal interventions should be subjected to appropriate responsibilities.
Tatev HARUTYUNYAN
