Verdict of RA Constitutional Court non-binding for Turkey

PanARMENIAN.Net - Monday revealed preliminary results of the elections into the Armenian National Assembly, held in the Constituency number 10 for the seat that became vacant after Member of the RA National Assembly Khachatur Sukiasyan laid down his mandate. These elections were of public interest for the reason that in this district, along with candidates Ara Simonyan from the party "National Unity" and Davit Hakobyan, Leader of the Marxist Party of Armenia, ran for the parliament also Editor-in-Chief of the opposition newspaper "Haykakan Zhamanak" Nikol Pashinyan, presently detained with the accusation of organizing mass disturbances on March 1, 2008. According to preliminary data provided by the RA Central Election Committee, National Unity Member Ara Simonyan won the pre-term parliamentary elections, gaining 7622 votes against Pashinyan's 5023.

Later on Monday a protest action was held in Shahumyan Square in Yerevan against ratification of the Turkish-Armenian Protocols. The rally was organized by the ARF Dashnaktsutyun. Other political forces, particularly "Heritage", "Ramkavar Azatakan" and "New Times" joined the protesters. The rally attracted about 1000 participants, who with burning torches headed for the Constitutional Court of Armenia, where they handed to the representative of the RA Constitutional Court a statement and a legally sound conclusion, which stated that the signed Armenian-Turkish Protocols are a threat to the national security of Armenia.

However, Member of the Republican Party of Armenia Karen Avagyan was sceptical about the success of the ARF Dashnaktsutyun to affect the decision of the Constitutional Court of Armenia through rallies and processions. According to the MP, this protest action cannot affect the conclusion of the Constitutional Court, as the fears that the party has on the current process of normalization of the Armenian-Turkish relations are not reflected in the text of the Protocols. "Based on the abovementioned, I can conclude that the RA Constitutional Court will render a positive decision on the Protocols," noted Avagyan. The Party "Prosperous Armenia" also shares the MP's standpoint.

On Tuesday the Constitutional Court of Armenia held a hearing on the conformity of the Protocols with the RA Constitution. At the briefing, Chairman of the RA Constitutional Court Gagik Harutyunyan announced that the Constitutional Court had handed out to all its members the statement and the legally sound conclusion received from the ARF Dashnaktsutyun on the Armenian-Turkish Protocols, and all nine members of the CC had acquainted themselves with the received documents. Long debates and discussions expected by the political establishment and the Armenian community did not occur in the Constitutional Court. The Court found the Protocols on Normalization of Relations between Armenia and Turkey conformable with the RA Constitution.

Till the end of the week almost all major political parties of Armenia, political correspondents and analysts were busy voicing their assessment of the current events and developments.

ARF Dashnaktsutyun expressed its partial satisfaction with the decision of the RA Constitutional Court, which had taken into account the legal conclusion earlier presented by the party. Nevertheless, Dashnaktsutyun announced that from then on the party was determined to move the struggle against ratification of the Protocols into the Parliament. "National Assembly of Armenia can ratify the Protocols only after making reservations therein," said Armen Rustamyan, Representative of the ARFD Supreme Body. He added that his party was determined to take the initiative on proposing amendments to the "Law on the National Assembly of RA" on the very first day of the parliamentary session. Rustamyan further noted that his party had collected about 70,000 signatures, which were to be provided to the MPs for examination. "We still have time to amend the laws to enable Parliament to introduce reservations to the documents. Otherwise, the President of Armenia himself, based on the legal decision of the RA Constitutional Court, can make such reservations and attach them to the Protocols during the ratification process," Rustamyan said. "If not, the ARFD itself can take the initiative to declare the Armenian-Turkish Protocols void, which in the political sense means a shift of power," declared Rustamyan.

RA Constitutional Court's decision received a positive assessment from Secretary of the parliamentary faction of the Republican Party of Armenia Eduard Sharmazanov. In his opinion, decision of the RA Constitutional Court highlights three main points: obligations imposed by the Protocols apply only to Armenia and Turkey, and no other third country; the mentioned documents do not envisage the settlement of any disputed issues between the two countries, since for that purpose the parties must conclude new agreements. "Finally, the Protocols cannot be interpreted as contradicting to the Armenian Constitution and the Declaration of Independence of Armenia," Sharmazanov said. Besides, he reiterated the position of the Republican Party, which believes that the Armenian-Turkish Protocols contain no preconditions, and Armenia has not unilaterally taken on any commitments.

"It is in the national interests of Armenia to ratify the Armenian-Turkish Protocols before the Turkish parliament ratifies them," declared Stepan Grigoryan, Head of the Analytical Center on Globalization and Regional Cooperation. In his opinion, delay of ratification of the Protocols by the Armenian Parliament currently works to the detriment of the interests of Armenia. "The forces opposed to Armenian-Turkish rapprochement link them to the Nagorno-Karabakh conflict in order to gain time for the implementation of their plans," underlined the analyst. Welcoming the conclusion of the RA Constitutional Court, Grigoryan noted that the verdict outlined the legal boundaries, which the Armenian authorities cannot cross in relations with Turkey. The expert also added that after ratification of the Protocols and opening of the Armenian-Turkish border, the role of Armenia will substantially increase in the region.

According to "Heritage" parliamentary group member Stepan Safaryan, the haste of RA Constitutional Court to adopt a positive decision on the Armenian-Turkish Protocols testifies the existence of international pressure upon Armenia. "Before the court's decision, Armenian authorities claimed they'd ratify the Protocols only after Turkey. However, this decision shows that the authorities have changed their attitude," Safaryan said at a news conference in Yerevan. Safaryan also noted the decision of Armenia's Constitutional Court is aimed at resolving home policy issues only, such as whether there are preconditions in the protocols or not. "This verdict has no external power and it poses no obligations on Turkey," the MP noted.

In the mid-week Russian Foreign Minister Sergei Lavrov paid a visit to Armenia. Against the background of a lively internal debate about the positive decision of the RA Constitutional Court, this event even further increased the interest of the Armenian community. The Head of Russian Foreign Ministry made a series of loud statements in Yerevan, noting that in the issue of Karabakh conflict settlement Russia shares the standpoint that in the elaboration of a peace agreement the position of the Nagorno-Karabakh people should be taken into account. Moreover, when asked about whether Russia's interests in energy cooperation with Turkey can be more important than the right of NKR people to self-determination, Lavrov answered: "The answer is simple, they cannot."

The Russian FM also declared that Russia is interested in normalization of Armenian-Turkish relations, and Moscow's position in this issue remains unchanged: the earlier Armenian-Turkish relations are normalized, the more benefits the entire region can derive. In addition Minister Lavrov stated that Moscow sees no link between RA-Turkey rapprochement and Karabakh conflict settlement. "Trying to artificially link these two issues, in my opinion, is incorrect. We believe that both of these processes should be supported, but it is unreasonable to link them," declared Lavrov in Yerevan.

And the last important political event of the past week was the surprise visit of OSCE Minsk Group U.S. Co-Chair Robert Bradtke to Yerevan. Bradtke, U.S Co-Chair on the Nagorno-Karabakh conflict settlement, arrived in Armenia a few days earlier than the planned visit of January 20. On January 16 he met with Foreign Minister of Armenia Edward Nalbandian. Later on that day the American co-chair was received by President of Armenia Serzh Sargsyan.