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DE RUEHYE #0440/01 1731420
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R 221420Z JUN 09 ZDK
FM AMEMBASSY YEREVAN
TO RUEHC/SECSTATE WASHDC 9224
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHLMC/MILLENNIUM CHALLENGE CORPORATION WASHINGTON DC

UNCLAS SECTION 01 OF 03 YEREVAN 000440 
 
SIPDIS 
 
E.O.12958: N/A 
TAGS: PGOV PHUM PREL KDEM KJUS AM
SUBJECT:  TEXT OF AMNESTY DECLARED BY ARMENIA'S PARLIAMENT 
 
YEREVAN 00000440  001.4 OF 003 
 
 
¶1. Enclosed is post's unofficial translation of the text of the 
proposed amnesty that Armenia's President Serzh Sargsian sent to 
Hovik Abrahamian, the Speaker of Armenia's National Assembly 
(parliament), requesting parliament to consider an amnesty that 
would affect some but not all of the approximately 48 opposition 
supporters arrested and convicted for their political activities 
related to Armenia's disputed February 19, 2008 presidential 
election.  ThE election resulted in ten days of around-the-clock 
protests by supporters of ex-President Levon Ter-Petrossian 
contesting his loss, which was followed by security forces breaking 
up the demonstrations and clashes breaking out between security 
forces and protesters that resulted in the loss of at least ten 
lives during the course of March 1-2, 2008.  The amnesty was 
declared late on June 19, exactly 16 months to the day after the 
disputed election, by a margin of 98-1 votes, with three MPs 
abstaining.  See septel for more on the amnesty and its 
significance. 
 
¶2. Begin text: 
 
H.E. Excellency NA Speaker 
 
Dear Mr. Abrahamian, 
 
Guided by Article 70 of the Constitution of the Republic of Armenia, 
I propose to convene an NA extraordinary session on June 19, 2009 at 
12:00, to include the proposal of declaring amnesty into the 
agenda. 
 
Based on provisions of part 1 of Article 81 of the RA Constitution, 
I propose to declare amnesty in accordance with the following 
conditions: 
 
¶1. To exempt from liability: 
a) persons sentenced to maximum of three years of imprisonment; 
b) persons, whose sentences were not suspended or deferred; 
c) persons,  whose sentences did not envisage deprivation of 
liberty. 
 
¶2. To exempt from liability persons sentenced to a maximum of five 
years of imprisonment: 
a) persons with 1st and 2nd category of disability; 
b) persons aged 60; 
c) persons who committed crimes before reaching the age of 18, who 
had not served prison sentences for committing willful crimes in the 
past or had served those, but have no criminal record; 
d) veterans of World War II and participants of military operations 
for the defense of the Republic of Armenia, or persons who, under 
the legislation of the Republic of Armenia, enjoy a status 
equivalent to those or that of a victim of repression, and who had 
not served prison sentences for committing  willful crimes in the 
past or had served those, but have no criminal record; 
e) persons who are the spouses, children and parents of victims of 
military operations aimed at the defense of the Republic of Armenia 
or of the people who enjoy the equal status and who had not served 
prison sentences for committing  willful crimes in the past or had 
served those, but have no criminal record; 
f) persons who committed a crime connected to 2008 March 1-2 events 
in Yerevan. 
 
¶3. To exempt from liability persons not convicted previously for 
willful crimes who are sentenced to 
a) a maximum of five years of imprisonment, but who, by the time of 
entering the amnesty act into effect, had served at least  1/3 of 
the sentence; 
b) a maximum of ten years of imprisonment, but who, by the time of 
entering the amnesty act into effect, had served at least 1/2 of the 
sentence. 
 
¶4. To exempt from liability for committing crimes by negligence: 
a)persons who were sentenced to a maximum of five years of 
imprisonment; 
b) persons who were sentenced to a maximum of ten years of 
imprisonment,  but, by the time of entering the amnesty act into 
effect, had served at least 1/3 of their sentence. 
 
¶5. Not to initiate criminal prosecutions based on the materials of 
criminal cases and not to conduct criminal prosecution, as well as 
to terminate criminal cases pending before the inquiry bodies, the 
investigation bodies and the courts on the crimes committed prior to 
June 1, 2009, in which cases: 
a) the persons can be or are actually charged with crimes the 
maximum punishment for which does not exceed 
three years of imprisonment; 
b) the persons listed in paragraph 2 of this Decision can or are 
actually charged with crimes crimes the maximum punishment for which 
does not exceed five years of imprisonment; 
c) the persons can or are actually charged with crimes by negligence 
the maximum punishment for which does not exceed five years of 
imprisonment; 
d) the persons can or are actually charged  with crimes, for which 
solely the criminal penalties not linked to deprivation of liberty 
 
YEREVAN 00000440  002.2 OF 003 
 
 
are envisaged. 
 
¶6. To discontinue monitoring persons paroled pre-term, if, in the 
event of their failure to be paroled pre-term , they would have 
nonetheless been freed from liabilities based on paragraphs 1-4 of 
this proposal. 
 
¶7. To reduce the sentence: 
a) by 2/3 in relations to persons who committed crimes by 
negligence; 
b) by 1/2 in relation to the persons listed paragraph 2 of this 
decision 
c) by 1/3 in relation to persons sentenced to a maximum of 10 years 
of imprisonment for commitment of willful crimes 
 
¶8. Amnesty shall not apply to: 
a) persons who maliciously violated the order of service of sentence 
prior to the day of amnesty enactment. 
b) persons whose sentences were reduced, or who were freed from 
serving the sentence for willful crimes by the pardon decree by the 
President of the Republic of Armenia, or the amnesty decisions of 
the National Assembly of the Republic of Armenia, or whose criminal 
charges were dropped in accordance with amnesty decisions of the 
Republic of Armenia, but who repeatedly committed willful crimes 
with the exception of instances when 10 years have elapsed from the 
time of purge of criminal records for commitment of those crimes; 
c) persons who repeatedly committed willful crimes at penitentiaries 
prior to the date of amnesty enactment; 
d) persons who remained wanted, with the exception of whose who 
prior to July 31, 2009 inclusive, on their own accord would present 
themselves  before the law enforcement bodies of the Republic of 
Armenia,  or before court if their cases were pending court 
proceedings; 
e) cases of recidivism of extremely high danger; 
f) persons who had not compensated other persons for infliction of 
material damage, as prescribed by court decision; 
g) to persons who committed or were convicted for commitment of 
crimes pursuant to the following articles of the Criminal Code: 104, 
112, 123 (3), 126 (2,3), 131 (2,3), 132 (1), 133 (2, 3), 138 (2, 3), 
139 (2, 3), 142, 163, 164, 165 (3, 4), 166 (3), 168, 175, 176 (2,3), 
177 (3), 178 (3), 179 (3), 180 (3), 181 (3), 182 (2,3), 183 (3), 185 
(3), 190 (2,3), 200 (3,4), 202, 203 (3), 208, 215 (2,3,4), 217-224, 
226, 227 (2), 228 (2), 229 (2), 230 (2), 231 (2), 233 (3), 234 (3), 
235 (2,3), 237 (2,3), 238 (2,3,4), 241 (3), 242 (3), 245 (3), 246 
(3), 247 (3), 248 (3), 254 (3,4), 258 (3,4), 261 (2,3), 262 (2,3), 
264 (2), 265, 266 (1,2,3), 268 (2,3), 269, 272, 274 (2), 275 (2,3), 
280 (2,3), 284 (4), 287 (4), 296 (2), 297 (2), 299, 300-300.2, 301 
(1), 302-305, 311 (3,4), 312 (3), 316 (2), 319, 327, 329 (2), 
334.1.2, 336, 340 (2,3,4), 341, 347 (4), 348, 349 (3), 352 (3), 355, 
356 (3), 357 (2,3), 358 (2,3), 359 (3,4), 361 (6), 362 (2,3), 363 
(3), 364 (3), 365 (3), 366 (3), 367 (3), 368 (3), 369 (3), 371 (3), 
373 (4), 375 (2,3), 377 (3), 378 (2), 379-397.1 
 
h) persons who have committed several offences, and at least one of 
those offences is not covered by this amnesty decision. 
i) persons, who were pre term released from punishment for an 
intentional crime and were convicted again for another intentional 
criminal offence; committed during the time they have been released 
from serving the punishment. 
j) persons, towards whom punishment hasnQt been applied 
conditionally (were convicted conditionally), and during the 
probation period they have been convicted again for an intentional 
offence. 
 
¶9. The amnesty decision does not apply to additional punishments 
imposed by court verdicts, except for asset/property confiscation, 
in case the confiscation has not been executed at the moment of 
promulgation of the Amnesty Decision. 
 
¶10. The amnesty applies to persons, who pass mandatory medical 
treatment from alcoholism and drug abuse at the places of 
deprivation of liberty, only after they complete the medical 
treatment course. 
 
¶11. The amnesty decision applies to persons convicted by the 
judiciary of other countries, and currently serving their terms in 
the Republic of Armenia, in accordance with the articles of the 
Armenian Criminal Code, which define the responsibility for their 
actions. 
 
¶12. Implementation of this decision shall be entrusted to: 
a) courts: 
- in relation to persons whose cases are pending court proceedings, 
but  had not been examined prior to entry into force of the Amnesty 
Decision, or in relation to persons whose cases had been examined, 
but verdicts did not enter into force; 
- in relation to persons whose sentences were suspended, or service 
of sentence was deferred.  The issue of amnesty eligibility for the 
abovementioned persons shall be resolved by court, based on 
intermediation of the Subdivision for Alternative Punishment or 
other authorized bodies in charge of monitoring convicts' behavior; 
 
 
YEREVAN 00000440  003.2 OF 003 
 
 
b) Criminal Appeal Court of the Republic of Armenia: 
- in relation to persons convicted by courts of the Republic of 
Armenia who serve their sentences outside the borders of the 
Republic of Armenia; 
 
 c) pre-investigation and investigation  bodies: 
- in relation to persons, whose cases or other related material are 
being investigated by the abovementioned bodies; 
 
d) heads of penitentiaries: 
- in relation to persons who serve their sentence in 
penitentiaries; 
 
e) Subdivision for Alternative Punishment in relation to persons 
who 
- were convicted to punishment not envisaging deprivation of 
liberty, 
- were paroled pre-term, but whose behavior is monitored; 
 
f) Commander of Penal Battalion: 
- in relation to persons, who serve their sentences in the Penal 
Battalion, 
 
g) Service of Compulsory Enforcement of Court Decisions: 
- in relation to persons who were sentenced to confiscation of 
property. 
 
¶13. Prosecutor shall approve decisions on amnesty application 
adopted by pre-investigation and investigation bodies, heads of 
penitentiaries, heads of subdivisions for alternative punishment, 
heads of subdivisions of Service of Compulsory Enforcement of Court 
Decisions, as well as Commander of Penal Battalion. 
 
¶14. The Amnesty Decision shall be applied in relation to persons who 
committed crimes prior to June 1, 2009. 
 
¶15. On grounds of disability and age, the Amnesty Decision shall be 
applied in relation to persons who were declared 1st and 2nd 
category disabled up to one day (inclusive) prior to the adoption of 
the Amnesty Decision, or who turn 60 before September 30, 2009. 
 
¶16.  In the event of amnesty application, the issue of purging 
conviction records shall be resolved in an order prescribed by law. 
 
¶17. In relation to persons kept in penal battalions and 
penitentiaries of Ministry of Justice of the Republic of Armenia, 
persons paroled pre-term, as well as those whose service of sentence 
was deferred of suspended,  or those who were sentenced to 
punishment not envisaging deprivation of liberty, the Amnesty 
Decision shall be executed by September 30, 2009. 
 
End text. 
 
Pennington