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RR RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHYE #0544/01 1850300
ZNR UUUUU ZZH
R 030300Z JUL 08
FM AMEMBASSY YEREVAN
TO RUEHC/SECSTATE WASHDC 7758
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHLMC/MILLENNIUM CHALLENGE CORPORATION WASHINGTON DC
RHEHNSC/NSC WASHDC

UNCLAS SECTION 01 OF 03 YEREVAN 000544 
 
SENSITIVE 
 
SIPDIS 
 
DEPARTMENT FOR DRL, EUR/CARC, EUR/PPD 
 
E.O. 12958; N/A 
TAGS: PGOV PHUM OPRC KMDR KPAO AM
SUBJECT: EUROPEAN COURT RULES IN FAVOR OF INDEPENDENT TV STATION IN 
ARMENIA 
 
Ref:  Yerevan 494 
 
YEREVAN 00000544  001.2 OF 003 
 
 
(U) Sensitive but unclassified.  Please protect accordingly. 
 
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SUMMARY 
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¶1. (SBU) In a June 17 decision, the European Court of Human Rights 
upheld the independent A1 Plus television company's complaint 
against Armenia's National Commission on Television and Radio (NCTR) 
for improper license revocation.  The ruling follows six years of A1 
Plus re-applications, all of which have been denied.  Media 
representatives cheered the ruling, but remain skeptical that A1 
Plus' license would be restored.  Authorities insist that no 
broadcasting frequency is technically available for A1 Plus, even if 
they did want to put it back on the air.  END SUMMARY. 
 
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ECHR'S RULING ON A1 PLUS 
------------------------ 
 
¶2. (SBU) On June 17, the European Court of Human Rights ruled that 
the NCTR -- Armenia's broadcasting regulatory agency -- had 
interfered with the right of the independent A1 Plus TV company to 
freely share information and ideas as envisioned by Article 10 
(Freedom of Expression) of the European Convention of Human Rights 
and Fundamental Freedoms.  The court ruling found that the NCTR's 
termination of A1 Plus's license lacked appropriate transparency and 
procedural standards, and had the improper effect of eliminating a 
valid political voice from the Armenian media environment.  The 
failure to grant a broadcasting license to A1 Plus TV, which has 
applied for twelve permits since 2002, was deemed by the court to be 
a violation of Armenia's international commitments.  The court 
awarded A1 Plus 20,000 euros in damages and 10,000 euros for legal 
costs and expenses.  A1 Plus has continued to operate as an internet 
news agency since losing its television license. 
 
¶3. (SBU)  The decision was long-awaited by pro-opposition activists 
in Armenia, who have harshly criticized the authorities for their 
crackdown on media freedoms after the violent March 1-2 events in 
Yerevan.  During the recent State of Emergency, A1 Plus's online 
website achieved a prominent status among oppositionists as one of 
the only domestic sources of independent information.  (NOTE: 
Authorities blocked the A1 Plus website, along with numerous other 
sites, during the State of Emergency, but they had difficulty 
keeping up with the proliferation of websites that began carrying A1 
Plus video footage and information during the crisis.  Users also 
posted A1 Plus video on YouTube and similar outlets.  END NOTE.) 
 
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VARIED REACTIONS TO THE RULING 
------------------------------ 
 
¶4. (SBU) The director of A1 Plus, Mesrop Movsisian, told Emboff that 
the decision of the court was a moral victory for the TV station. 
He downplayed the 30,000 Euro compensation which the Armenian 
government is required to give the company, adding that A1 Plus had 
originally requested $1,300,000 (about 812,5000 euros) in 
compensation for damages related to the station's closure. 
Movsisian speculated that the court had reduced the amount of the 
judgment in an attempt to appease the Armenian authorities. 
 
¶5. (SBU) Buoyed by the ruling, international organizations and 
Armenian media leaders quickly called on the authorities to provide 
a frequency to A1 Plus.  Terry Davis, the Secretary General of the 
Council of Europe, issued the following statement on June 19: 
"Television is a very influential part of the media.  The decision 
of regulatory bodies on the award, refusal and withdrawal of a 
broadcasting license can have a direct bearing on freedom of 
expression and therefore on the functioning of democracy.  The 
decision of the European Court of Human Rights brings an end to the 
long drawn-out saga about the refusal of the Armenian authorities to 
award a broadcasting license to A1 Plus television station."  The 
New-York based Committee for the Protection of Journalists called on 
Armenian authorities to view the ruling of the court as a mandate to 
grant A1 Plus a broadcasting license.  During his June 23-25 visit, 
DRL A/S Kramer also raised the issue in his meetings with Armenian 
officials, including with Prime Minister Tigran Sargsian.  At his 
pre-departure press conference, Kramer highlighted the ECHR's 
decision and urged the authorities to reinstate A1 Plus. 
 
¶6. (SBU) Boris Navasardian, chairman of the Yerevan Press Club, told 
Emboff that he hopes the court's decision will have a "sobering 
effect" on the authorities and "help them realize that it is 
impossible to live in a civilized community by ignoring its norms 
 
YEREVAN 00000544  002.2 OF 003 
 
 
and endangering the international reputation of the country and its 
people."  In a press statement, he added that "We urge the competent 
bodies of Armenia not to limit themselves to monetary compensation 
stipulated by the ruling of the European Court, but to adopt, in 
accordance with the legislation of the country, prompt measures to 
enable the TV company to come back on the air as soon as possible. 
 
 
¶7. (SBU) Emphasizing that only one of the several claims filed by A1 
Plus had been upheld by the court, Armenia's Deputy Justice Minister 
Gevorg Kostanian stated that "With this verdict the Republic of 
Armenia has won rather than lost."  He added that "The Republic of 
Armenia does not consider that it is a decision against it.  Rather, 
from now on, this decision will guide the National Television and 
Radio Commission to state in detail the reasons for both granting 
and refusing to grant a broadcasting license." 
 
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MEDIA LEADERS SKEPTICAL ABOUT RULING'S IMPACT 
--------------------------------------------- 
 
¶8. (SBU) While Armenian media outlets publicly cheered the court's 
decision, many media leaders remain skeptical that the government 
will ease pressure on journalists and lift general restrictions on 
the media.  Harry Tamrazian, the Prague-based RFE/RL director of the 
Armenia Liberty news service, told Emboff he doubts that A1 Plus 
will be reinstated anytime soon.  Tamrazian contended that only 
steadfast international pressure on the government could speed up 
the process.  He said that the Council of Europe's Secretary General 
"will push hard and so should the United States.  At some point, the 
government will have to admit that out of 17 private channels, they 
must allow at least one that isn't linked to them."  Levon 
Barseghian, chairperson of the Gyumri-based Asparez Journalist Club, 
agreed about the merits of continued international pressure to 
improve media freedoms.  He said the recent slackening of media 
restrictions that have resulted in TV coverage of opposition 
activities (ref A) have been allowed by the authorities only in 
order to "avoid harsh sanctioning at the June session of PACE." 
 
------------------------------ 
PACE SESSION A BLOW TO RULING? 
------------------------------ 
 
¶9. (SBU) In its June 25 discussion of Resolution 1609, which 
reviewed Armenian authorities' compliance with PACE demands issued 
on April 17, the Parliamentary Assembly of the Council of Europe 
backed away from its original call for reinstating A1 Plus "without 
further delay."  Oppositionists interpreted the omission in the 
final draft as PACE caving to the Armenian authorities.  The final 
draft makes only a general call for the fairness and transparency of 
broadcasting license biddings administered by a 
government-controlled regulatory body. 
 
¶10. (SBU) The change in PACE's approach elicited a sharp attack by 
A1 Plus's Movsisian, who described as an "obvious lie" the statement 
made by the leader of Armenia's PACE delegation that there were no 
available frequencies in Armenia that could ostensibly be used to 
put A1 Plus back on the air.  The issue of frequencies also evoked a 
June 27 response by Grigor Amalian, the controversial chairman of 
Armenia's National Commission on TV and Radio, who disputed 
Movsisian's statement, saying that out of the 60 frequencies 
currently available in Armenian, it is only possible to use those 
permitted by law.  Amalian added that "This is a technical and not a 
discretionary restriction," and added that "Armenia is making 
maximum use of its TV range." 
 
¶11. (SBU) Aram Abrahamian, the chief editor of the opposition Aravot 
(Morning) daily, also weighed in on June 27, claiming that "Even a 
6th grade pupil would not believe the statements of the authorities 
that there is no frequency available for A1PLUS. The same can be 
said about the issue of political prisoners and rallies."  The 
Aravot article wondered out loud why PACE "bosses" easily agreed to 
corrections suggested by the pro-government "emissaries" of the 
Armenian delegation to PACE.  Abrahamian speculated that the 
Armenian delegation got away with what they did in exchange for not 
disputing another PACE resolution currently being debated on 
Azerbaijan that makes some "unpleasant formulations about the 
Nagorno-Karabakh issue." 
 
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COMMENT 
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¶12. (SBU) If the authorities allow A1 Plus back on the air, it would 
be a landmark sign of reform, and a vital development in improving 
media freedoms in Armenia.  Unfortunately, after a few positive 
 
YEREVAN 00000544  003.2 OF 003 
 
 
words from government insiders before the presidential inauguration, 
we have had no recent indication of any government desire to 
reinstate A1 Plus, or reform the badly out of balance media sector 
more generally.  We can only hope that the ECHR -- whose judgments 
have usually been respected here -- will have better luck in 
spurring Armenian authorities to do the right thing. END COMMENT. 
 
PENNINGTON