YEREVAN, SEPTEMBER 7, ARMENPRESS. Republic of Armenia Ombudsman presented a conclusion in reference to the chapters dealing with human rights defender as a result of studying Constitutional Reforms draft. In the conclusion positive and negative changes are presented noncomprehansively. The conclusion of Ombudsman refers to chapter 10 of the draft (“Human Rights Defender”)

Positive changes. In the result of the changes, Human Rights Defender will be provided with powers established by law related to the protection of fundamental human rights and freedoms not only in state sector but also others (Draft article 190). The latter formulation expands the powers of the Defender. It is constitutionally established that complaints are not required so that Defender demands the necessary documents, information, clarifications from a state authority (Draft article 190). Providing the abovementioned information to Human Rights Defender will be the established obligation of State and local government bodies.

Worrisome changes: According to the draft, Human Rights Defender must display political restraint when making public speeches (Draft article 192). The term “restraint” gives rise to concerns which cannot be implemented towards Human Rights Defender. Political restraint is one of the principles of public officials adhered to when providing public services; however, Human Rights Defender is not a public official but a high ranking official. So the term “political neutrality” is suggested instead.

According to a number of international institutions, Human Rights Defender must enjoy immunity also after expiration of his/her term. This, however, is not established by the draft Constitution.