ANC member: Armenian Constitution bans using army in politics

Coordinator of the legal service of opposition Armenian National Congress (ANC), former deputy prosecutor of Armenia Gagik Jhangiryan commented on the bill on Legal Regime of the State of Emergency passed by the National Assembly of Armenia which envisages use of army under the state of emergency.

Jhangiryan emphasized at a press conference on March 23 that this bill contradicts the Constitution of Armenia and should not be put into operation.

Quoting the Armenian Constitution, ANC representative said army can be used only under martial law, declaration of which may be caused by start of war, foreign intervention or threat of attack faced by the country. In all other case martial law cannot be imposed, therefore, army has no right to interfere with the situation.

Jhangiryan also pointed out that according to the Constitution, army cannot interfere with political process either. It undertakes the duty of protecting the state from foreign threats and maintaining the integrity of the country, and it should not take part in suppressing the opposition forces.

“The Constitution prevails over all other laws, and bills that contradict it, should be cancelled. For its part, ANC will do its best to prevent this bill from entering into force, even appeal against it in the Constitutional Court,” he declared.

On February 9, the National Assembly of Armenia passed the bill “On legal regime of the emergency situation” in the first reading. The bill stipulates that emergency situation can be declared in Armenia only provided there are circumstances which directly threaten the constitutional regime, in particular, coup d'etat attempts.

The document also defines the conditions under which armed forces can be engaged during emergency situations. In particular, after an emergency situation is declared, the army can be involved only if the police troops and the National Security Service forces have failed in their tasks.

Opposition believes this bill is unconstitutional since it gives the President personal authorities to declare a state of emergency (the president consults the prime minister and the speaker of the parliament but takes the decision independently), as well as envisages involvement of army to eliminate the threat that resulted in a state of emergency.