Criminalization of public calls for violence

a Facebook post”67. “There are more global questions. For example, my opinion is that in reality this is a fake agenda, this is a mechanism to curb political dissent. Because you see, what does the word hate mean? Yes, I hate homosexuality, yes, I hate ignorance, I hate non-constructive approach, I hate betrayal of the homeland”68 . The duties of the working group, however, can hardly be considered effective. This circumstance, however, has objective reasons connected with the force majeure situation during the year. In March 2020, the first and only meeting of the National Assembly deputies with the participation of the representatives of the civil society took place, during which the participants exchanged their positions on the framework of the need to regulate hate speech. Pink human rights defender NGO presented the group with both legal research on the topic and a package of suggestions, which were taken into consideration. The meetings, however, were not continuous. The state of emergency caused by the coronavirus was followed by martial law, due to which the agenda priorities of state bodies changed. No information has been released yet on the work done by the deputies involved in the group on legislative initiatives.

Criminalization of public calls for violence

Despite the formation of a working group on legislative reforms to combat hate speech and the draft of the new Criminal Code was under active discussion, however, the draft law criminalizing public calls for violence, public justification, or propaganda of violence put forward by the Ministry of Justice was sent to the National Assembly and adopted. Before that, during the government session, Nikol Pashinyan had stated that anyone who promotes violence in Armenia should receive a harsh counterattack69. The draft was accepted with criticism. The question was discussed in the National Assembly whether in all cases of calls for violence or their justification should lead to criminal responsibility. In his speech, MP Gevorg Petrosyan voiced the following idea, “When drafting our legislation, yes, based on the provisions of popular legal acts on human rights, the heights of European legal thought, but we must not forget that we are Armenians, we have a national mentality, national thinking. Now I will bring only one example. A very undesirable example, but I must bring. Probably all of you have seen posted on Facebook a few days ago that bipedal jumping around in military uniform on those internet sites. Now, I do not know what nationality he/she is, is he/she Armenian, it does not matter at all. If the desecration of a soldier’s uniform, if I say that his/her ear should be twisted or I do not know, it should be punished, should I be held responsible for this?”70

Following the adoption of the article, Pink submitted four reports of crime to the police in connection with calls for violence against LGBT persons, against organizations working for LGBT advocacy, and individuals. The initiation of a criminal case on three of the

67 News.am. Video. “It is enough to do conjuring. Gevorg Petrosyan to the authorities”. https://www. youtube.com/watch?v=iEfNQSaegug. 2020. [Accessed 29 Sept 2021]. 68 Hraparak TV. “Yes, I hate homosexuality”. 2020. https://www.youtube.com/watch?v=kUWmHtPn14Q. [Accessed 29 Sept 2021]. 69 Asekose.am. “Anyone who promotes violence in Armenia should receive a harsh counterattack says Nikol Pashinyan”. 2019. https://www.youtube.com/watch?v=WRwc0VSxlZY. [Accessed 29 Sept 2021]. 70 A1plus. “Should I be held accountable for saying the ear of a military uniform defamer must be twisted?”. 2020. https://www.youtube.com/watch?v=3H02puexADY. [Accessed 29 Sept 2021].