The final report of the ad hoc committee investigating the March 2008 clashes between police and protesters after the last presidential election in Armenia was presented by committee chair Samvel Nikoyan during parliamentary debates on September16 and 17. The report draws on the Ombudsman’s assessments of the general politico-economic climate at the time, mentioning poverty, social inequality, lack of trust in law-enforcement bodies and marginalization of large segments of the population as the root causes of the clashes leaving eight civilians and two riot police dead.

The parliamentary ad hoc committee was set up in June 2008 with a mandate to investigate the events and their causes, assess the legality and proportionality of police behavior, and clarify the circumstances of the ten deaths. The parliamentary opposition Heritage Party and the extra-parliamentary Armenian National Congress (ANC), led by 2008 oppositional presidential candidate Levon Ter-Petrosyan, boycotted the committee’s work saying its composition and voting procedure marginalized the opposition.

Condemning the atmosphere of intolerance amplified by the media during the election campaign, the report qualifies the opposition’s non-stop rallies at Yerevan’s Freedom Square as unlawful. In line with the official view, the ad hoc committee confirmed that the police decided to inspect the rally area in the morning of March 1 to verify reports about stashed weapons among the protesters, and had to engage them after meeting resistance. Importantly, the report concludes that police action during the dispersal of protesters in the morning of March 1 at Freedom Square and later during clashes near the French embassy was largely legal and proportionate. It admitted, however, that the police failed to exhaust all peaceful measures before resorting to force.

The report was released nearly three and a half months after a five-member expert fact finding group – functioning in parallel with the parliamentary committee and endorsed by the opposition – ceased to exist due to insurmountable internal tensions. The group was composed of a representative of the Ombudsman’s office, two experts appointed by the opposition ANC and Heritage, and two experts representing the governing coalition. It was set up in October 2008 following a presidential order, tasked with disclosing and transferring facts about the March events to the parliamentary committee, enabling the latter to produce a final assessment.

During its controversial existence, the Group managed to produce only one report (not endorsed by the coalition representatives), questioning the official version of riot police officer Hamlet Tadevosyan’s death. Three subsequent reports were submitted by the two opposition members after the Group was officially dissolved in June 2009, relating to the use of special anti-riot equipment by the police; the death of riot police conscript Tigran Abgaryan, and the alleged involvement of civilians loyal to certain high-ranking officials in breaking up the crowd while disguised in military uniforms.

The parliamentary committee’s final report effectively dismissed both the group’s findings and the opposition representatives’ individual reports through presenting them with parallel comments of the Special Investigative Service in charge of the preliminary investigation.  Noting that the committee could not investigate the circumstances of the ten deaths for reasons of objectivity, the parliamentary body expressed hope that the law enforcement bodies would clarify the issue and complete the still ongoing investigation.

After the presentation of the report, the ANC issued a statement on September 18 condemning the committee for “deliberately disregarding the facts collected by the fact-finding group for more than 6 months” in order to exculpate the executive, and pledged to continue its work to reveal the truth about the March events. Ombudsman Armen Harutiunian, on the other hand, offered an overall positive assessment of the report, however criticizing the committee for failing to provide an in-depth evaluation of the Prosecutor General’s apparent failure to ensure effective control over the course and legality of the investigation.

The sentiments sparked by the report reveal the remaining dividing lines in Armenian society and the continuing crisis of confidence in law enforcement bodies. This was manifested by the short existence of the fact-finding group of experts. In the absence of any direct communication between government and opposition, the group constituted the only platform for dialogue on the most contentious issues. Tensions within the group and its eventual breakup again confirmed that the sides are not yet ready to cooperate.

Domestic reactions aside, the committee’s report still has to stand the test of the international community. In its June 2009 resolution on Armenia, the Parliamentary Assembly of the Council of Europe stated that an independent, impartial and credible investigation into the March events was still necessary and that “the final report by the Ad hoc Parliamentary Inquiry Committee will determine whether the criteria of impartiality and credibility have been met and whether further investigations are necessary”. The Assembly’s anticipated assessment could start fresh domestic debates and influence a new course of action. The international community, however, is likely to endorse the report’s main recommendations: continued training to increase the professionalism of the police and other law-enforcement bodies, strengthening of political institutions and consistent work to increase the efficiency of justice in order to prevent similar crises in the future.