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PP RUEHLMC
DE RUEHYE #0862/01 3030619
ZNY CCCCC ZZH
P 290619Z OCT 08
FM AMEMBASSY YEREVAN
TO RUEHC/SECSTATE WASHDC PRIORITY 8199
INFO RUCNCIS/CIS COLLECTIVE PRIORITY
RUEHLMC/MILLENNIUM CHALLENGE CORPORATION WASHINGTON DC PRIORITY

C O N F I D E N T I A L SECTION 01 OF 02 YEREVAN 000862 
 
SIPDIS 
 
E.O. 12958: DECL: 10/26/2018 
TAGS: PHUM PGOVEAID AM
SUBJECT: A BURDENED OMBUDSMAN LUNCHES WITH AMBASSADOR 
 
Classified By: Ambassador Marie L. Yovanovitch. Reason 1.4 (b/d) 
 
 SUMMARY 
 ------- 
¶1. (C) During their introductory lunch October 24, Ombudsman 
Armen Harutyunian sounded cautious optimism on the issue of 
resolving the fate of the March 1 political detainees but 
otherwise struck a more downbeat note on the human rights 
situation.  A somewhat self-serving Harutunian portrayed 
himself as a man loved neither by the government nor the 
opposition, but who is "fighting the good fight" with an 
emphasis on changing the mindset of the young generation. 
Generally, the view of the diplomatic community is that 
Harutunian is doing a good job in difficult circumstances. 
End Summary. 
 
¶2. (U)  Human Rights Defender Ombudsman Armen Harutunian 
invited Ambassador Yovanovitch to hold their introductory 
meeting over lunch on October 24.  The Ombudsman was 
cautiously optimistic about gaining traction on resolving the 
issue of some 70 political detainees arrested after the March 
1 government crackdown on the opposition, but was unable to 
provide details on a possible face-saving solution.  (Note: 
The Human Rights Defender is an independent Constitutional 
officer of Armenia, appointed by the National Assembly after 
nomination by the president.  He serves a six-year term of 
office.  Armen Harutunian was appointed February 17, 2006. 
End note.) 
 
OPPOSITION MISSING THE BOAT ON MARCH 1 INQUIRY 
--------------------------------------------- - 
 
¶3. (C) The Ombudsman termed the fact-finding group to study 
the deaths surrounding the March 1 government crackdown as an 
indirect recognition of some kind of role for the opposition 
by the government.  As imperfect a vehicle as the 
fact-finding mission may be, the Ombudsman predicted the 
opposition would be shooting itself in the foot if it did not 
make use of the few mechanisms that exist to participate in a 
political dialogue.  Harutunian predicted the opposition 
would eventually join the fact-finding group, but then seek a 
pretext to distance itself from the anticipated results.  The 
Ombudsman himself will appoint a representative to 
participate in the fact-finding panel. 
 
¶4. (C) Harutunian also considered the fact-finding mission a 
direct result of pressure exerted by international bodies, 
specifically the Council of Europe, to gauge Armenia,s 
commitment to resolving the political crisis and regain 
international credibility.  (Note:  Thomas Hammarberg, the 
Human Rights Commissioner of the Parliamentary Assembly of 
the Council of Europe (PACE) was particularly active in 
pressing President Sargsian and the GOAM to create an inquiry 
panel into the March 1 events which is not dominated by 
pro-governmental forces.  See septel for additional details, 
some of which are still being clarified, about the new 
fact-finding panel, which is to report its findings to the 
parliamentary ad hoc commission.  End note.) 
 
POLITICAL DETAINEES: AMBIVALENT MESSAGE 
--------------------------------------- 
 
¶5. (C) Harutunian concurred with the Ambassador that the 
issue of the 70-odd political detainees was the most 
prominent issue facing Armenia and marring Armenia,s 
reputation in the world.  He expressed hope that the 
political detainees could be released, (either through 
legislative amnesty, presidential pardon, or some other 
unspecified mechanism), but in the same breath predicted the 
cases could drag on for years before being challenged at the 
European Court of Human Rights in Strasbourg.  The Ombudsman 
opined that his meetings with the Prosecutor-General and 
Presidency staff indicated no wiggle-room on the part of the 
government to find a face-saving solution to resolving the 
charges levied against the detainees, which Harutuntian 
considered clearly politically motivated and artificial.  The 
Ombudsman remarked that the Prosecutor-General was using the 
"methods of 1937" - in a reference to Stalinist show trials 
to deal with modern-day human rights issues. 
 
"NO ONE LOVES ME!" 
------------------ 
 
¶6. (C) The Ombudsman described his priorities as raising 
public awareness, especially among the younger generation, of 
their civil-political rights including freedom of speech and 
fair trials.  One standing task of his office is to vet draft 
human rights legislation which, by law, the Ministry of 
Justice must submit to the Ombudsman for review.  The 
Ombudsman also fields some 6,000 public appeals and 
complaints per year among which property disputes, military 
hazing, and media freedoms figure prominently.  A major task 
 
YEREVAN 00000862  002 OF 002 
 
 
for the Ombudsman Office is the publication of so-called Ad 
Hoc Reports -- Harutunian provided copies of past reports to 
the Ambassador -- which he sees as a basis for dialogue and 
assistance.  Harutunian,s office is also involved in 
developing policy on alternatives for obligatory military 
service for conscientious objectors. 
 
¶7. (C) At one point, the Ombudsman described his office as 
the subject of "provocations" by both the government and the 
opposition without specifying the exact meaning of that 
statement.  He did, however, note increased attention paid by 
the government to his office as illustrated by its inclusion 
in the proposed fact-finding panel on the March 1 events. 
This outreach is one of the reasons Harutunian sounded 
cautiously optimistic about the Sargsian administration,s 
intentions to improve the human rights situation in Armenia. 
Reflecting in contrast on the Kocharian presidency as "lost 
years," the Ombudsman betrayed mutual animosity on several 
occasions towards former President Kocharian, who originally 
nominated the Ombudsman.  At one point in the conversation, 
Harutunian even described Kocharian,s authoritarian 
character as "Stalin and Lenin" combined and noted that he 
would be in prison by now if Kocharian had remained 
president.  (Note:  Just before he left office in April 2008, 
Kocharian publicly lambasted Harutunian as "my worst 
personnel decision," after Harutunian began issuing sharp 
criticisms of authorities, actions March 1.  End note.) 
 
 
COMMENT 
------- 
 
¶8. (C) Harutunian, like his predecessor before him, started 
out as a pro-government man, who showed great reluctance to 
speak out publicly against authorities on most any issue, but 
eventually found his voice and has embraced his 
constitutional role.  In Hartunian,s case, it seems to have 
been the March 1 events themselves that transformed his 
attitude.  On the afternoon of March 1, Harutunian personally 
interposed himself (alongside two Heritage party MPs who did 
the same) between the police and angry protesters, and sought 
to negotiate a peaceful end to the escalating street crisis 
that would by March 2 claim ten Armenian lives. 
 
¶9. (C) Ever since, Harutunian has been far more activist -- 
and appropriately so -- in questioning authorities, abuses 
of human rights, and his greatly risen in our estimation and 
that of the diplomatic corps and international organizations 
generally.  Harutunian,s effectiveness is occasionally 
limited by his own ego and impulses toward personal 
empire-building.  He declined, for example, to play an active 
role in the parliamentary ad hoc commission of inquiry into 
March 1, in our view as much out of institutional jealousy as 
for the reasons of principle he espoused.  However, he has 
promised to participate fully in the new fact-finding group 
which will be established, which is welcome both for the 
addition of his newly-won personal credibility as well as for 
the significant staff resources he has in his office.  To 
this point, the lack of any real staff has been a significant 
weakness of the parliamentary commission. 
YOVANOVITCH