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Report on The 2003 Presidential and Parliamentary Elections in Armenia
Thursday, July 01, 2004

In February and March 2003, Armenia held its fourth presidential election since independence. According to the official results, President Robert Kocharian won re-election in two rounds, defeating challenger Stepan Demirchian 67.4 percent to 33.5 percent.

Despite the official tallies, Kocharian’s re-election was difficult. He failed to win over 50 percent of the vote in the February 19th first round, necessitating a runoff with Demirchian—the first time a sitting president in the Caucasus has been forced to a second round.

The opposition organized large anti-Kocharian demonstrations in Yerevan before the first round. Some opposition leaders made threatening statements, warning, for example, of violence if Kocharian tried to rig the vote.

Considering the opposition’s inability to rally around one candidate, Armenia’s record of poor elections and Kocharian’s hold on the state apparatus, his failure to win a first round victory was surprising. His agreement to participate in a runoff may have been a concession to widespread opposition sentiment and concern that claims of outright victory in an increasingly tense, polarized atmosphere might have led to major confrontations.

Nevertheless, the authorities did not flinch during the second round. In the interim, some 200 opposition supporters were detained for participating in demonstrations. About 80 of them received prison terms, often in closed hearings without benefit of counsel.

OSCE observers concluded that both rounds failed to meet international standards. State media displayed egregious favoritism towards the incumbent, on whose behalf state resources were used lavishly. Ballot stuffing, especially during the second round vote count, was rampant. The most positive feature of the elections was an unprecedented, live, televised debate between Kocharian and Demirchian before the second round.

The election has cast a cloud on Kocharian’s legitimacy and deeply strained government-opposition relations. Armenia’s failure to hold a fair election has entrenched a pattern of vote fraud and has worrisome implications for the country’s democratization, as illustrated by the judgement of Kocharian’s powerful Defense Minister and campaign manager, Serzh Sarkissian: “People who have grown up and lived in Europe cannot understand our mentality. They have their rules and views on democracy, and we have ours.”

Armenia’s Constitutional Court refused to annul Kocharian’s victory, but did cast doubt on his legitimacy by recommending a vote of confidence in the president. It was the first time a constitutional court in the former USSR did not routinely affirm official election results.

Russia’s President Vladimir Putin was quick to congratulate Kocharian. Washington, however, echoed the OSCE/ODIHR view of the election. President Bush’s letter to Kocharian, sent after significant delay, did not contain the word “congratulations.”

 A statement of the U.S. Delegation to the OSCE on May 29 expressed solidarity with the ODIHR assessment of Armenia’s parliamentary election: “The markedly mixed assessment of [the] elections is particularly disappointing considering the great progress Armenia has otherwise made over the past 11 years in building a modern society of which its people and government can be justly proud.” The United States called on Armenia to launch “swift action on the [ODIHR’s] recommendations” for electoral reform as “the best reaffirmation of the commitments that Armenia has made to the basic principles of democracy and fundamental human rights that OSCE represents.”

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    By Jordan Warlick, Policy Advisor From November 2 to November 3, 2017, Helsinki Commission staff participated in the OSCE Supplementary Human Dimension Meeting on the Role of Free Media in the Comprehensive Approach to Security. Supplementary Human Dimension Meetings are convened a few times per year on specific subjects that are determined to deserve distinct focus by the Chairmanship-in-Office. Like the annual Human Dimension Implementation Meeting, Supplementary Human Dimension Meetings bring participating States and civil society actors together, facilitating dialogue on challenges to human rights issues in the OSCE region. The OSCE Representative on Freedom of the Media, Harlem Désir, identified this topic – the role of free media in the comprehensive approach to security – as one of his four priorities at the Human Dimension Implementation Meeting in September 2017: “My second priority will be to protect media freedom in the new security context….I fully support the efforts of governments to combat terrorism and create safer societies, but let me repeat this simple fact: there are ways to achieve these goals without compromising on our hard-fought fundamental freedoms.” Unfortunately, some governments in the OSCE region consider a free press to be a threat to national security, and worse, persecute or silence journalists in the name of the security. Certain governments and nationalists justify the censorship of journalists by labelling them unpatriotic, even enemies of the state.  Since the failed coup attempt Turkey, for example, hundreds of journalists have been arrested and media outlets shuttered on the basis of national security. The mere suspicion that citizens are part of the Gulenist movement – the group that the Turkish government blames for the coup attempt – can result in many years in prison, or even life sentences.  Journalists, as well as civil society as a whole, have been particularly targeted by terrorism-related charges. However, despite that freedom of expression and national security are often pitted against each other, the two are not mutually exclusive – in fact, they are complementary. An independent, free, and pluralistic media can play a role in peacebuilding and conflict prevention, countering prejudices or misperceptions, and preventing extremism and radicalization. Still, in a world where terrorists spread radical ideas, prejudiced organizations perpetuate intolerance, and government-sponsored bots disseminate misinformation, the tension between freedom of expression and national security seems greater than ever.   The conference featured three sessions: the first, on free media as a basis for European security; the second, on the role of the media in peacebuilding and conflict prevention; and the third, on the role of media in counteracting disinformation, “hate speech” and radicalization. Panelists and participants present discussed the tension between freedom of expression and security interests, the pressures independent media faces from this tension, and best practices for governments to uphold free media and expression commitments in this context. The OSCE takes a comprehensive approach to security, subscribing to the idea that political-military security, human rights, and economic governance are mutually reinforcing ideals. It is important to encourage dialogue on best practices to ensure that participating States remain true to the ideals that the OSCE was founded upon, despite sometimes challenging circumstances.

  • Prisoners of the Purge

    In July 2016, the Turkish people helped defeat a coup attempt that sought to overthrow their country’s constitutional order. In pursuing those responsible for the putsch, however, Turkish authorities created a dragnet that ensnared tens of thousands of people. The state of emergency declared by President Erdogan in the immediate aftermath of the coup attempt remains in effect today and gives the government vast powers to detain or dismiss from employment almost anyone, with only minimal evidence. Caught up in the sweeping purge are several American citizens, including Pastor Andrew Brunson, NASA scientist Serkan Gölge. Brunson worked and raised his family in Turkey for more than 23 years. Despite the efforts of the President of the United States, among many others, he has spent more than a year in jail without trial on national security charges. In addition, Gölge and two Turkish employees of U.S. consulates stand charged with terrorism offenses despite no involvement with violent activity—a situation faced by thousands of other Turks.    The U.S. Helsinki Commission hearing examined the factors contributing to the detention of American citizens, particularly Mr. Brunson, and U.S. consulate employees in Turkey, as well as the judicial processes to which they have been subject. Sen. Thom Tillis presided over the hearing, voicing his concerns about the treatment of American detainees in Turkey and the country’s deteriorating democratic institutions, particularly the judiciary. During the hearing, the Commission heard testimony from Deputy Assistant Secretary of State for European and Eurasian Affairs Jonathan Cohen, Executive Senior Counsel for the American Center for Law and Justice (ACLJ) CeCe Heil, Pastor Brunson’s daughter Jacqueline Furnari, and Director of Freedom House’s Nations in Transit Project Nate Schenkkan.   All witnesses spoke to their concerns about the worsening political climate in Turkey and the safety of its political prisoners, including Mr. Brunson and Mr. Gölge. They also discussed the impact of these arrests on U.S.-Turkey relations and policy recommendations that could help secure their release and promote Turkey’s respect for its rule of law and other commitments as a participating State of the Organization for Security and Cooperation in Europe (OSCE). Mr. Cohen called on the Turkish government to end the protracted state of emergency, cease sweeping roundups, and expedite due process for all the detained. He encouraged Congress to continue engagement through in-person and written correspondence with Turkish officials to communicate concerns about specific detention cases and the broader rule of law. Mr. Schenkkan detailed the scale of Turkey’s wide-scale purges, which he described as targeting independent voices and ordinary citizens from nearly every sector and as far exceeding any reasonable scope corresponding to the failed coup attempt. He recommended that the United States explore the application of individual sanctions against Turkish officials responsible for the prolonged and unjust detention of American citizens and U.S. consulate employees. Mrs. Heil and Mrs. Furnari testified about the physical, psychological, and personal toll of Pastor Brunson’s prolonged detention. They noted that Pastor Brunson has lost 50 pounds while in detention and suffered psychologically and emotionally from his isolation and separation from his family.

  • Internet Freedom in the OSCE Region: Trends and Challenges

    On Tuesday, November 14, 2017 the U.S. Helsinki Commission held a briefing on internet freedom in the OSCE region. The panelists – Sanja Kelly, Director of Freedom House’s Freedom on the Net; Dariya Orlova, Senior Lecturer and Deputy Director for Research at the Mohyla School of Journalism in Kyiv, Ukraine; Berivan Orucoglu, Human Rights Defenders Program Coordinator at the McCain Institute; and Jason Pielemeier, Policy Director at the Global Network Initiative – discussed concerning developments in participating States. First, Sanja Kelly provided an overview of Freedom House’s work on internet freedom issues and described the recent edition of the Freedom on the Net report, which was released that very day. The report found that internet freedom declined for the seventh consecutive year around the world, but that the situation among OSCE participating States is more diverse. The region includes some of the report’s best performers, such as Estonia, Iceland, Germany and the United States, as well as some of its worst performers, with Russia, Turkey and Uzbekistan. She also noted the concerning finding that Russia is using the internet to interfere in domestic processes in other OSCE participating States. She pointed out that the “same manipulation techniques, including paid pro-government commentators, bots and fake news, that the Russian authorities have been using in their disinformation campaigns abroad, have long been used … against Russian independent journalists, political opponents and other critical voices.” After that, Dariya Orlova gave an account of the deteriorating internet freedom situation in Ukraine. To blame for this decline, she said, is the introduction of bans on several Russian internet services, including social media networks, email services and search engines. According to Dariya, there has been a lack of outspoken critique against these measures among domestic audiences. She also drew attention to the increasingly dangerous environment that online activists and journalists find themselves in. Then, she briefly explained some of the Kremlin’s tactics when it comes to weaponizing social media platforms. Berivan Orucoglu focused her remarks on the sharp decline in internet freedom that Turkey has experienced in the past few years. In her eyes, this reflects a crackdown on press freedom and freedom of expression more generally. In an effort to control the narrative, the Turkish government has jailed journalists, curbed dissent on social media, as well as in the mainstream media and otherwise intimidated critics. More often than not, national security reasons are cited as justification for these measures. In closing, Jason Pielemeier introduced his organization, the Global Network Initiative, to the audience and proceeded to place some of the aforementioned internet freedom trends into historical context. By doing so, he tried to understand the motivations of repressive regimes to clamp down on online activity. He also touched on more technical aspects of the discussion, such as data localization and the effects such measures have on intelligence operations.

  • Turkey’s Detention of U.S. Citizens to Be Scrutinized at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: PRISONERS OF THE PURGE: THE VICTIMS OF TURKEY’S FAILING RULE OF LAW November 15, 2017 9:30AM Dirksen Senate Office Building Room 124 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce111517 In July 2016, the Turkish people helped defeat a coup attempt that sought to overthrow their country’s constitutional order. In pursuing those responsible for the putsch, however, Turkish authorities created a dragnet that ensnared tens of thousands of people. The state of emergency declared by President Erdogan in the immediate aftermath of the coup attempt remains in effect today and gives the government vast powers to detain or dismiss from employment almost anyone, with only minimal evidence. Caught up in the sweeping purge are several American citizens, including pastor Andrew Brunson, who worked and raised his family in Turkey for more than 23 years. Despite the efforts of the President of the United States, among many others, he has spent more than a year in jail without trial on national security charges. Additionally, a Turkish-American NASA scientist and two Turkish employees of U.S. consulates stand charged with terrorism offenses despite no involvement with violent activity—a situation faced by thousands of other Turks.     The U.S. Helsinki Commission hearing will examine the factors contributing to the detention of American citizens, particularly Mr. Brunson, and U.S. consulate employees in Turkey, as well as the judicial processes to which they have been subject. One of Mr. Brunson’s family members and his U.S. attorney will testify about his ongoing detention. Witnesses will also discuss the impact of these arrests on U.S.-Turkey relations and policy recommendations that could help secure their release and promote Turkey’s respect for its rule of law and other commitments as a participating State of the Organization for Security and Cooperation in Europe (OSCE). Panel One: Jonathan R. Cohen, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs, U.S. Department of State Panel Two: CeCe Heil, Executive Counsel, American Center for Law and Justice (ACLJ) Jacqueline Furnari, Daughter of Andrew Brunson Nate Schenkkan, Director of the Nations in Transit Project, Freedom House

  • Helsinki Commission Briefing to Examine State of Internet Freedom in OSCE Region

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: INTERNET FREEDOM IN THE OSCE REGION: TRENDS AND CHALLENGES Tuesday, November 14, 2017 1:00PM Senate Visitors Center (SVC) Room 215 Live Webcast: www.facebook.com/HelsinkiCommission For seven straight years, internet freedom in Eurasia has been on the decline, with countries like Russia and Turkey among the worst offenders. Independent websites are frequently censored and bloggers and netizens are being jailed for promoting human rights or documenting abuse. Meanwhile, governments are employing manipulation and disinformation campaigns to control the online information landscape and silence opposing voices, weaponizing social media to preserve power. On November 14, Freedom House will release the newest edition of its Freedom on the Net report, an annual assessment of internet access, censorship, and user rights in 65 countries, encompassing 87 percent of all internet users. Featuring the report’s main findings, this briefing will examine declining internet freedom globally and in the OSCE region, and its impact on broader democracy and human rights; growing cyberattacks against human rights defenders in Russia and the former Soviet sphere; and government use of social media to manipulate discussions and attack critics. The following panelists are scheduled to participate: Sanja Kelly, Director, Freedom on the Net, Freedom House Dariya Orlova, Senior Lecturer, Mohyla School of Journalism in Kyiv, Ukraine Berivan Orucoglu, Human Rights Defenders Program Coordinator, The McCain Institute Jason Pielemeier, Policy Director, Global Network Initiative

  • Belarus: 25 Years after Signing the Helsinki Final Act

    In July 2017, Belarus hosted the OSCE Parliamentary Assembly (PA) Annual Session.  However, two decades ago, the OSCE PA refused to even recognize the legitimacy of Belarus’ putative elected representatives.  What has changed? Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law, Scott Rauland, Senior State Department Advisor, and Michael Newton, Intern

  • International Day to End Impunity for Crimes against Journalists

    By Jordan Warlick, Staff Associate and Olivia Leggieri, Intern November 2, 2017, marks the fourth International Day to End Impunity for Crimes against Journalists since the United Nations General Assembly’s resolution in December 2013. The UN chose this date in November to commemorate the assassination of two French journalists who were murdered while on assignment in Mali. This day serves as a reminder of the obligation of nations to take urgent measures to protect journalists and media workers and to bring the perpetrators of such targeted violence to justice. Currently, only one in ten cases committed against journalists worldwide ends in a conviction; since 1992, 695 journalists have been murdered with impunity in connection with their work. The assassination of Russian journalist Natalya Estemirova in 2009 illustrates these cases of impunity. Estemirova was a courageous investigative reporter who covered government atrocities in the Chechen Republic of the Russian Federation, particularly after Vladimir Putin launched the second Chechen war in 1999 in response to a series of apartment bombings.  In 2006, she visited the Helsinki Commission to discuss her findings regarding human rights violations by Chechen authorities.  At the meeting, she also expressed concern about the rising justification for the use of torture as a tool of counterterrorism in many countries, observing, “You cannot protect the law using illegal methods.” Estemirova was abducted in Grozny, the capital of Chechnya, on the morning of July 15, 2009, and found murdered in Ingushetia later that day. She was the fifth Novaya Gazeta journalist killed since 2000; to this day no one has been held responsible for her murder. At the time of her assassination, she was 51 years old and left behind a 15-year-old daughter. Then-Helsinki Commission Chairman Senator Ben Cardin, Co-Chairman Congressman Alcee Hastings, and Ranking Members Senator Sam Brownback and Congressman Chris Smith condemned her murder. Chairman Cardin stated, “Murder and intimidation of activists and journalists is both a serious violation of human rights and an affront to any democracy.” On the one-year anniversary of Estemirova’s murder, then-Co-Chairman Representative Alcee Hastings introduced a resolution in the House of Representatives to express solidarity with human rights defenders in the Russian Federation. The resolution called for an end to impunity for those responsible for such acts through the conduct of timely, transparent and thorough criminal investigations into the unresolved murders of human rights defenders, journalists, and political opposition members and the prosecution of all of those responsible for these crimes. Chechen nationalists have also targeted Russian journalist Karina Orlova, who participated in a recent Helsinki Commission briefing on systematic violence against journalists in Russia and other OSCE participating States in the region. These threats ultimately led her to flee Russia and become a correspondent for Radio Echo of Moscow in Washington, D.C.  She emphasized that attacks such as the ones she received force journalists to self-censor, but vowed to never do so herself. Ruthless regimes do not have to kill every independent, critical, investigative journalist, just enough so that others will get the message and fall silent or leave.  Violent attacks against journalists are often preceded by government-sanctioned or led smear campaigns and other forms of harassment. Participating States of OSCE are committed to protecting the freedom of the media and improving working conditions for journalists. However, violence against journalists in OSCE participating States signals a lack of compliance with the Helsinki Accords, and further, the need to bring justice to those attempting to silence the independent press. 

  • Averting All-Out War in Nagorno-Karabakh

    Last year, the worst outbreak of violence over Nagorno-Karabakh in more than two decades erupted as the so-called Four Day War in April 2016 claimed approximately 200 lives and demonstrated that the conflict is anything but “frozen.” The Line of Contact separating the parties sees numerous ceasefire violations annually and each one risks igniting a larger-scale conflict that could draw in major regional players, such as Russia, Turkey, and Iran. Since 1997, the United States, France, and Russia have co-chaired the Minsk Group of the Organization for Security and Cooperation in Europe (OSCE), the principal international mechanism aimed at reaching a negotiated solution to the conflict. The U.S. Helsinki Commission hosted two former United States Co-Chairs of the Minsk Group process as well as a renowned, independent expert on the conflict to assess the current state of the dispute over Nagorno-Karabakh, the Minsk Group format, and the prospects for achieving a lasting peace. Magdalena Grono, an expert from the International Crisis Group, underlined the serious potential for further flare-ups in the fighting, which could have severe humanitarian impacts and draw in regional powers. She contextualized the recent clashes and assessed that the conflict was among the most deadly, intractable and risky in Europe. According to her assessment, the conflict is beset by two worrisome trends: deteriorating confidence between the parties and in the settlement process itself as well as increasingly dangerous clashes due in part to the deployment of heavier weaponry. Ambassador Carey Cavanaugh discussed the role of the Minsk Group in the settlement process while voicing his concern that positions have hardened on all sides. Growing tensions have created risks not only of intentional but also accidental conflict, he said. The Ambassador outlined the limits of the Minsk Group’s mandate, underscoring that it is charged with helping the sides find a solution rather than imposing one from the outside. He lamented that the recent meeting between the Armenian and Azerbaijani presidents apparently failed to achieve agreement on certain confidence and security building measures (CSBMs). In order to stem further escalation, he noted the importance of implementing CSBMs and establishing a direct communication channel between the Armenian and Azerbaijani sides. He concluded by calling on the leadership of Armenia and Azerbaijan to demonstrate the political will to work toward a resolution, for instance by preparing their populations for the compromises that will inevitably be required to achieve peace. Ambassador James Warlick asserted that while this was a time of significant danger, peace remains within reach. He urged the Armenian and Azerbaijani presidents to engage together on principles that they know can lead to peace, saying that meetings without progress undermine confidence in negotiation efforts. Citing past negotiations, Ambassador Warlick laid out six elements that will have to be part of any settlement if it is to endure.  The Ambassador concluded by underlining that it is up to the governments of Armenia and Azerbaijan to take the first step toward peace by considering measures, even unilateral ones, that will demonstrate their stated commitment to making progress, reducing tensions, and improving the atmosphere for negotiations. 

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