FINAL REPORT ON FINDINGS DURING AND CONCLUSIONS REGARDING CONSTITUTIONAL REFERENDUM NOVEMBER 27, 2005

CONCLUSION

The constitutional Referendum held in Armenia on November 27, 2005 did not meet international standards of democracy. The preparation and campaign of the Referendum, as well as its course and summing up of the results were hampered by numerous widespread and serious abuses.

The Referendum was organized in blatant violation of Armenia’s Constitution, the UN International Treaty, the European Human Rights Convention, and Armenia’s Electoral Code and Law “On Referendum.” The draft was not prepared and discussed publicly and did not involve the vast political spectrum. The constitutional amendments prepared and offered for the Referendum were an outcome of the consensus and the agreement reached between a small number of ruling and pro-governmental political parties.

The authorities also influenced the public psychologically and politically by using the Council of Europe Venice Commission’s positive evaluations on some of the amendments. The authorities exploited those assessments at times by presenting the constitutional reform process as a Council of Europe requirement and pressure, and other times linking it with the Nagorno Karabagh question. The authorities “threatened” the body politic by saying that if the Referendum failed to pass, it would prove perilous for the Karabagh issue.

The draft of constitutional amendments passed in Armenia’s National Assembly in violation of the Assembly’s Regulatory Law. Moreover, some of the MPs voted in place of their absent colleagues. Twenty six parliamentary and non-parliamentary political powers refused to participate in the discussion of the amendments, which run counter to the law. These parties boycotted the Referendum.

Although having withdrawn their appointed Commission members from the election Commissions, the parties followed the Referendum via observers. The Central Commission on the Referendum registered observers’ teams that were presented by 10 political parties and 24 NGOs.

The constitutional amendment campaign was carried out in frequent and flagrant abuse of the Laws “On Television and Radio” and “On Referendum.” The campaign was unbalanced and favored “Yes.” The Central Commission on the Referendum did not regulate the campaign broadcasting hours, which resulted in the misuse of airtime and open implementation of the state-given order. Just like the presidential and parliamentary elections in 2003, the lack of unbiased information and competition had an adverse effect on the campaign, the organization and the course of the Referendum. These can also be traced to the unlawful shutting down of “A1+” and “Noyan Tapan” independent television companies. It should also be mentioned that since 2001 the authorities have not met the Council of Europe’s demands to reopen those companies, demands which are stipulated in the Parliamentary Assembly of the Council of Europe (PACE) documents, and in particular in resolutions No. 1461 and No. 1374.

Another negative consequence of the Referendum was the fact that those who had committed frauds during the 2003 presidential and parliamentary elections had remained unpunished, and consequently created an atmosphere of large-scale impunity. Those incidents can be found in the reports of the PACE/OSCE international observers’ mission, as well as in the Constitutional Court’s rulings on the re-examination of the results of the presidential election in 2003, which to date, are not implemented by the authorities.

The impunity of numerous election frauds, among them widespread ballot stuffing and falsifications which took place during the local self-government elections of 2005, also had a negative impact on the Referendum.

Since the process of preparing the voter lists’ was impossible to oversee, this left the door wide open for committing frauds during the course of the election. As a result, the voter lists were exaggerated by adding forged voters, deceased citizens, and those who were not eligible to vote in the given polling station. Prior to the Referendum, the incumbent authorities did not take any measures toward cleaning the voter lists, a concern expressed on numerous occasions by a number of political and social powers. The total number of Armenia’s eligible voters and the complete figure on the voters in a number of polling stations were made public officially and posted on the web site of the Central Commission only on the day of the Referendum.

Widespread abuses, threats, and ballot stuffing accompanied the Referendum. Despite an extremely low number of voter turnout, the authorities formally declared an exaggerated number of participants. Observers from a number of organizations and political parties testified of these fraudulent acts.

This report was prepared based on the surveillance made by the observers from the Heritage, Republic, Armenia’s People’s, National Unity, Democratic Motherland, and National Democratic Union parties, as well as Liberty and Democracy and other NGOs, and observers who are working in conjunction with the Public Oversight Commission on the Legality of the Referendum and the Public Information Center.

PREPARATION

The Public Oversight Commission on the Legality of the Referendum has observed the preparation phase of the Referendum. The conclusions are based solely on the recorded facts.

Legal violations made during the preparation of the Referendum have had a serious effect on the holding of the Referendum and its results. Those specific violations are the following:

1. The judiciary system refused to examine the petition-complaints concerning the unlawful activity (inactivity) of the Central Commission on the Referendum.
2. The “Yes” campaign, for the most part, is carried out by outside funds, and in fact had turned into a state campaign.
3. Television companies aired campaign programs without the on-screen acknowledgment of paid (or unpaid) advertisement.
4. By his own decision, Chairman of the Central Commission on the Referendum accredited or disallowed the monitoring mission of any organization.

The authorities did not take any measures in preventing violations of the law on the Referendum and eliminating its consequences. Moreover, those whose duty it is to ensure the holding of free and fair referendum are the forerunners in violating those rights. Among these persons and institutions are:

• - President of the Republic of Armenia
• - Union of Judges of Armenia
• - Central Commission on the Referendum, headed by its Chairman
• - Chief Justice and members of the Constitutional Court of the Republic of Armenia
• - Attorney General of the Republic of Armenia
• - Minister of Defense of the Republic of Armenia
• - Minister of Foreign Affairs of the Republic of Armenia
• - Mayor of Yerevan
• - President of the Central Bank of the Republic of Armenia

The course of preparation for the Referendum, even in comparison with the elections in 2003, registers an apparent regression. The primary reasons for these are:

• - Certain representatives of European structures assisted those who are violating the law
• - The violators of the 2003 elections have not been called to answer for their acts
• - The large-scale frauds committed during the 2005 local elections have remained unpunished.

VIOLATIONS OBSERVED

The observers who were accredited in all the election districts have testified to having observed the following widespread election frauds:

Stuffing of Ballots, Abuse, and Arbitrariness against Proxy Observers

The primary fraud that was observed during the voting was the stuffing of ballots. This was extensive and recorded in a variety of ways.

The information that was provided, every three hours, by the observers from the polling stations testify to the large-scale ballot stuffing. The voter turnout figures given by the observers who had personally counted the voters and the number provided by the Commission had a substantive discrepancy. Very often, the number of voter signatures and the figures provided by the Commissions differed essentially.

A considerable portion of the ballot stuffing occurred in the presence of the observers. Some even took place prior to the election. In many election commissions the observers, upon opening up a polling station at 08:00am, already found a half or completely full ballot box.

In some regions, the Commission members, the criminal factions, even the regional governors (Gegharkunik governor Stepan Barseghian from “Country of Law” Party), the MPs, and other officials, by means of making threats and abuse, personally took observers out of the polling stations and stuffed ballots afterwards. As a result of these violations, the observers were either called back or continued to follow the Referendum from outside the polling stations.

The Commission chairpersons, for the most part, did not sign the election violation reports made by the observers, and more often, an abuse occurred for making such registrations. The Commissions mostly comprised of public and civil servants, prohibited by the law, did not submit any election documents to the observers. The Commissions refused to register the violations that were recorded by the observers. Representatives of other observers’ missions had primarily signed under the reports made by the observers, and if this is so, then they validated the presence of the abuse.

Casting Open Ballots

Evidences of casting open ballots were growling and widespread. The most public and unconcealed of such an incident was when in violation of the Constitution and the Electoral Code of the country, Armenian president Robert Kocharian voted openly at the polling station located in Yerevan’s School No. 27. MP Heghine Bisharian of the Country of Law Party likewise cast her ballot publicly. Soldiers and cadets were also told to vote in the same manner and this procedure was overseen by their commanders who had brought them to the polling stations.

Multiple Voting

The cases of multiple voting noted by the observers and occurring after they were forcibly taken out, were prevalent. Numerous individuals and groups committed such abuses.

Election Bribes

The number of election bribes distributed in favor of “Yes” during the Referendum, in comparison with the previous elections, was reduced to some extent. According to confidential information ascertained by the observers, the amount allotted for bribes was usurped by the organizers of the Referendum, because they preferred ballot stuffing—the cheaper way of “guaranteeing” results. The distribution of bribes stopped after the aggressive isolation of the observers in a number of polling stations and districts, since now there was ample chance for stuffing ballots. This type of violation was recorded in particular in the Ararat and Kotaik regions, including in the Masis, Ararat, and Abovian towns.

Prohibited Campaign 

The “Yes” campaign material remained at many polling stations on the day of the election. On several occasions such items were placed on the mini buses which were transporting the voters en masse to the polling stations. And the most noticeable of such examples was again president Kocharian’s campaigning, in the polling station, in favor of the constitutional amendments, right after having cast his ballot. That campaign was aired, the same day, by Armenian and Russian television companies.

CONCLUSIONS

The ruling authorities of Armenia were making the most of the situation and saying that the united opposition had not filed any complaints regarding abuses.

Taking into consideration the widespread and large-scale nature of the election frauds organized by the authorities; the law enforcement’s support of the perpetrators throughout the Referendum; and the fact that the previous petitions regarding the frauds during 2003 presidential and parliamentary elections, the truth of which were accepted by the Constitutional Court, were not addressed and their perpetrators still remain unpunished, the political and public organizations that have carried out observers’ mission:

• Refuse to file a petition with the Central Electoral Commission, which is considered the architect behind the election frauds and the body that is accountable for these violations.
• Will not appeal to the courts, participants of these frauds understanding that the appellants are deprived of the right for judicial defense, especially since one member of each electoral Commission is appointed by the judiciary power,
• Are convinced that only if the authorities are elected as a result of all-popular elections that the existing evidence on election frauds and the proofs that testify for the widespread and large-scale abuses would become a basis for reviewing the outcome of the Referendum.

1. At Polling Station No. 7/16, according to the calculation of used ballots, there were already 200 ballots inside the ballot box as of 08:45am. National Democratic Union (NDU) observer Margarita Manukian, tallying the voter lists, found out that there were only 35 voter signatures in the lists. By the instruction of Gegham Sargisian, the Commission chairman and also member of the Central Electoral Commission (CEC), this violation was not allowed to be recorded. After that, only 3 people entered the Polling Station between 08:45 and 09:15.

2. It was declared, at Polling Station No. 75, that the voter turnout was 485 as of 10:00am but the observer recorded only 17.

3. At Polling Station located at School No. 195, the observers recorded only 37 voters as of 12:00, while in line with the statement made by the Commission chairperson, the turnout was 230.

4. “Yes” posters were placed on cars that were parked near the Ajapniak Prefecture. And throughout the day these automobiles were seen near a number of polling stations of the community.

5. A telephone call was received, at 10:35am, from Polling Station No. 12/10 according to which ballots were being stuffed.

6. The observer from the Republic Party made a telephone call, at 10:40am, from Polling Station No. 26/16 according to which ballots were being stuffed en masse.

7. Information was received, at 11:00am, from the Polling Station in Maralik according to which ballots were being stuffed under the mayor’s guidance.

8. Heritage Party observer Azniv Matevosian informed from Berd town that in Polling Station No. 2 only 51, and in Polling Station No. 3 only 500 persons cast ballots. In Movses village, the Commission chairperson took the observer out and the ballots were being cast openly.

9. 25 stacked up ballots were stuffed at 09:40am in Ashtarak town’s Polling Station No. 14/18.

10. Ballots were being cast openly at Polling Station No.21/1 in Armavir.

11. The observers at Polling Station No. 22/12, in Gavar, were taken out at 08:05am as ballots were being stuffed.

12. At Giumri’s town square 50 mini buses were getting ready, as of 10:00am, to commute the people from one polling station to the next.

13. So as to transport the people from one polling station to next, there were numerous mini buses also in front of Yerevan’s Kentron Prefecture.

14. Prosecutor of the Shirak Region ordered the village elders to guarantee 80% voter turnout. Already prepared voter lists were sent to the Polling Station Commission the night before and all that remained was to make the number of the votes correspond to the number of signatures.

15. People from military bases and wearing military uniforms were travelling, in the Avan district of Yerevan, from one polling station to the next, at 10:40, and by means of No. 17 mini buses.

16. Around 400 “Yes” ballots stuffed, at 10:30am, at the polling station located at the Center for the Hearing and Speech Impaired.

17. Gagik Kirakosian from Los Angeles informed, at 11:00, that Armenian Consul in USA Gagik Kirakosian was not allowing people with anti-governmental sentiments to vote in the polling station located in the Consulate.

18. 4-bus loads of military servicemen voted in Lusakert village at 08:15am, and same servicemen again cast ballots at 9:40am, this time in the other polling station.

19. According to observer Sargis Tadevosian, only 6 voters turned out at 09:00am to the polling station located at the college of Ashtarak town, however the ballot box was already full.

20. Elders of the Zovuni, Mrgashen, Getamej, and Karashamb villages were inserting money inside passports, which they collected earlier, and were ordering the villagers to participate in the Referendum.

21. At Polling Station No. 6/19, located at Kindergarten No. 278, the observer recorded only 25 voters at 10:30am, while in line with Commission data, the turnout was 58.

22. At Polling Station No. 5/2 64 voters were officially registered as of 09:30am, whereas the observer recorded only 10 voters.

23. At Polling Station No. 6/11 the observer recorded only 18, while according to the Commission, 82 cast their ballots as of 10:30am.

24. At Polling Station No. 6/14 the observer recorded only 46, while according to the Commission, 120 cast their ballots as of 10:30am.

25. At Polling Station No. 1, located in Talin, the observer recorded only 25, while according to the Commission, 405 cast their ballots as of 10:30.

26. At Polling Station No. 26/03 the observer recorded only 73, while according to the Commission, 163 cast their ballots as of 10:30am.

27. People who were not Yeghvard residents and eligible voters cast ballots in the town, while the Minister of Urban Development Aram Harutiunian toured around, with a huge entourage, distributing money.

28. At Polling Station No. 27/13, located in Zovuni village, the village elder collected the passports of the villagers and gave them to others in order to cast ballots.

29. In Nor Nork’s Polling Station No. 1 the observer was refused any information from local Commission in regard to voter turnout.

30. Same soldier voted for third time in the kindergarten of Yeghvard.

31. At Polling Station No. 5/05 only 24 persons actually voted as of 11:10am, whereas the ballot box was already half full.

32. At Polling Station No. 5/05 the Heritage Party observer Anahit Bakhshian was refused any information from local Commission in regard to voter turnout.

33. In Armavir’s Polling Station No. 21/27, located in the village of Hoktember, Kajik Harutiunian, a Commission member back in 1993, stamped 20 ballots and stuffed them into the ballot box. At 12:00, Commission chairwoman Melania Lalayan threatened the observer with physical abuse and the latter was compelled to leave. The ballot box was nearly half full as of 09:30am.

34. Heritage Party observer Garnik Sahakian was threatened, in Vanadzor town, by high ranking officers. Ballots were stuffed in the polling station located at the Governmental Club.

35. Voting began in all the polling stations of Yerevan’s Malatia-Sepastia District after 200 ballots were already stuffed. In Polling Station No. 7/13, located at School No. 176, Gegham Sargisian from CEC instructed that no complaints be received and sent to CEC.

36. Susanna and Vram Baghdasarians came to vote at Davitashen’s Polling Station No. 175, but it turned out that they had already cast their ballots. They were told not to raise an alarm over this and to vote again.

37. 24, 22, and 23 people cast their ballots respectively, as of 11:15am, at Polling Stations No. 5-7 of the Election District No. 8.

38. Commission members of Polling Station No. 15 in Talin were inebriated, the ballots stuffed without concealing, and the voting was open.

39. The observers were forcibly taken out in all 33 polling stations of the 6 th Election District of Ajapniak and the ballots stuffed en masse.

40. The observer Jivan Hovhannisian informed from Polling Station No 26/1 in Yegvard that he personally caught 4 people, who possessing Yerevan registrations, attempted to vote. The observer was able to write down the passport serial number of Arkadi Taranov (No. AC0217140) but the others fled quickly.

41. Widespread ballot stuffing occurred in Davitashen’s Polling Station No. 5/4. According to Stiopa Malkhasian, the person in charge of the election district, the ballot box was completely full as of 12:00.

42. The Nairi Election District was full of police and with their active support the chairpersons of the Polling Stations were forcing the observers from the opposition to leave.

43. Only 55 voters actually cast ballots at the Polling Station No. 10/25 as of 12:45 but according to the voter list, this number was 350.

44. Only 71 voters actually cast ballots at the Polling Station No. 12/32 (or 12/33) in Erebuni as of 15:00 but the ballot box was completely full.

45. Heritage Party member Garnik Sahakian informed from Polling Station No. 30/2, in Vanadzor town, that 340 voters, primarily people not registered there, cast ballots as of 14:00.

46. New Times Party member Samvel Khloyan informed from Vardenis that ballots were being stuffed en masse in all polling stations as of 13:00. The Vardenis-Yerevan mini bus route was being used to transport the people to the polling stations. The “Yerkrapah” members were terrorizing the public. 500 people already seemed to have cast ballots as of 09:00am. Staff members of the Prosecutor’s Office forcibly took the opposition members of the Commission to the Polling Station.

47. At 14:00, Garnik Sahakian informed from Vanadzor town that Heritage Party observer Gohar Sardarian filed a complaint from Polling Station 30/33 (Aznavur Cultural Home) that the people were brought on buses and one person was voting few times.

48. As of 11:55, soldiers were voting multiple times at Polling Station No. 18 in Vedi town of the Ararat Region.

49. Polling Station No. 38/13 in Kapan town registered cases when soldiers from military subdivisions were going from one polling station to the next and voting many times over.

50. The observer visited Polling Station No. 36/8 at 13:00 and found out that 480 voters already seemed to have cast ballots by that time. However probing further, the observer ascertained that, as of same period of time, the actual voter turnout figure was 70-95 in the nearby polling stations where there were observers since morning.

51. Observers were not allowed to make any telephone calls at 14:00 and were refused information on the voting process at Polling Station No. 7.

52. At Election District No.18, located in Vedi town, the observers recorded only 700 voters as of 14:30, while in line with official data, the turnout was 2500.

53. According to the information received at 14:30 from Polling Station No. 38/5, in Kapan town, the observer, who wanted to check whether those soldiers who had come to vote are registered, was denied access to the voting list of the servicemen on the grounds that this was secret information.

54. According to the information provided by Stiopa Malkhasian, the opposition’s person in charge in the Davitashen Election District of Yerevan, in Polling Station No. 5/4, only 68, while according to the voter list, 258 cast their ballots as of 11:00am.

55. At Davitashen’s Polling Stations No. 5/14 and 5/15 the observers were refused any information from Commission chairpersons in regard to voter turnout.

56. Hamlet Sargisian informed from Vanadzor town that MP Vahram Baghdasarian was going around Polling Stations No. 1-5 in Election District No. 30 and bringing people to polling stations to cast votes.

57. MP Levon Khachatrian tried to pay election bribes to voters in Aparan.

58. Ballots were being stuffed en masse in Davitashen’s Polling Station No. 5/4. The ballot box was already full as of 12:00.

59. At Davitashen’s Polling Station No. 5/08 the ballot box was already full as of 12:15.

60. At Davitashen’s Polling Station No. 5/04 only 18, while according to the voter list, 300 cast their ballots as of 12:00.

61. At all polling stations of Election District No. 2 in Nor Nork, only 25-30 people cast ballots as of 12:30, however those figures were doubled in the voter lists.

62. The police were forcibly taking the observers out of the polling stations in Nairi.

63. “Thanks” to the efforts by MPs Galust Sahakian and Harutiun Pambukian so many people were brought, by 8 mini buses, to the Polling Stations No. 6/3 and 6/4 (located in Yerevan’s School No. 126) that there was a queue as of 13:00.

64. As of 13:30, Tado’s brigade had already voted three times in Giumri’s Election District No. 33.

65. Observer Garnik Sahakian informed from Vanadzor town that some people were driving the voters to Polling Station No. 29/3.

66. The situation was uncontrollable in the polling stations of Ajapniak as of 13:00; the ballots were being stuffed en masse and even without proper registration in the voter lists.

67. Ballots were stuffed at Polling Station No. 1/12 around 15:00 and the observer Svetlana Tsaturian prepared the corresponding registration.

68. Heritage Party observer Garnik Sahakian informed:

• No. 30/33 Polling Station’s Commission chairman Kajik Tadevosian threatened observer Gohar, and in result, she was compelled to leave.

• The Heritage Party observer Gagik Galstian was forced to leave Polling Station No. 30/14 at 14:00, while mini buses, No. 04/58 and 64/85, followed him to ensure that he would not return.

69. As of 16:00, 160 voters actually cast their ballots at Polling Station No. 15/19, located Hatsik, whereas the voter list showed this number to be 600.

70. At Vanadzor’s Polling Station No. 29/4, 90 people had voted as of 17:00 but official number was given as 270.

71. 20 people were brought five times, with the same car, to Vanadzor’s Polling Station No. 30/33. When the Heritage Party observers Gohar Sardarian and Vachagan Gevorgian demanded that these people show their passports, Commission chairman Kajik Tadevosian came to the scene and threatened Gohar Sardarian saying (at 16:15), “ The KGB is dealing with you, so go if you don’t want the KGB to come and handcuff you.” In the meantime, a staff member of the Police Department, whose name was first in the additional list of voters, was allowed to cast her ballot without a court decision.

72. The same soldiers voted multiple times at Polling Stations No. 26/34 and 23/35 in Nor Gegh.

73. Groups consisting of 20-30 people entered Polling Stations No. 13/03 and 13/04, between 12:00 and 13:00, and receiving stacks of already cut out and voted ballots from the Commission, dropped them into the ballot boxes. They, at that time, forcibly took out Eliza Avetisian, the NDU observer, who had attempted to hinder their illegal conduct. Being the only observer at Polling Station No. 13/04 and considering that her further stay was meaningless, the latter left.

74. Heritage Party observer Seda Navasardian informed from Nor Nork’s Polling Station No. 2/02 that 335 people had voted as of 18:15, however according to the voter list this figure was 467.

75. According to NDU observer Levon Matevosian, 100 voters cast their ballots at Polling Stations No.21 /19 and 21/20 (Armavir, Janfida village) as of 17:00 but the officially given number was 1500.

76. Starting from 12:00, numerous citizens were continuing to send letters of complaints according to which Robert Kocharian, the person who is occupying the office of the President of the Republic of Armenia, had violated Article 3 of the Constitution, the third section of Article 56 of the Election Code, and the requirements stipulated in subsection 4 of section 11 of Article 20 of the Law “On Referendum” in regard to the secrecy of the ballot, and had cast his ballot openly, which was aired on live television.

77. Polling Stations No.11/25 and 11/26 experienced power outages as of 20:00, and the final reports were made and signed in the dark.

78. Marat Sevoyan, head of the Vardenis chapter of the Republic Party, was beaten. The police and officers from the National Security Services intimidated all the observers and ordered them not to leave their homes.

79. At Polling Station No. 23/7 the observer Gohar Hairapetian from the Republic Party demanded from Yura Galstian, the manager of dormitories, to stop distributing money to the voters near the Polling Station at 14:00. After the argument, Gohar Hairapetian was brutally beaten and received bodily injury. Chairman of the Commission Makich Mnatsakanian was also present during this incident.

80. Heritage and NDU Party observers Davit Badalian and Julieta counted the number of voters who turned out at Polling Station No. 9/16. According to them, 230 people cast ballots, while the Commission figures show this to be around 700. They noticed, at 19:05, that one of the Commission members, who was just stamping the ballots, approached the ballot box and stuffed a stack of ballots. The Commission did not register the complaints made by the observers. At the end of the election, at 20:00, the Commission isolated itself in the director’s office and did not return until 21:30.

81. According to the calculations made, at Polling Station No.10/27, by observers Mayis Sevoyan from NDU, Suren from “Choice is Yours” NGO, and Irina of the National Democratic Alliance, 211 voters participated in the elections but the Commission’s figures surpassed by 400, and the Commission chairperson cancelled 900 out of 1289 unused ballots and added the rest on the already cast ballots. The observers petitioned that this violation be recorded but the Commission chairperson refused to do so.

82. NDU observer Adrine Avagian noticed, at Polling Station No. 10/29, 3 incidents of ballot stuffing which were carried out by the Commission. Chairperson of the Commission was refusing to give out any information regarding voter turnout. Observer Avagian’s right for free movement inside the Polling Station was limited. The voter list had disappeared 3 times. Only after the demand by the observer the list was brought back but disappeared again very shortly. The last time that they saw the list was at the office of the Commission chairperson who was writing down certain things. According to Adrine Avagian, 220 people voted, whereas, according to the official and initial voter list this number was 632. Because of the unbearable conditions created by the Commission and its improper conduct, the observer was compelled to leave the Polling Station.

83. NDU observer Artak Yeghiazarian spotted at Polling Station No. 21/27, at 09:30am, the Commission member Kajik Harutiunian stamping and stuffing 20 ballots. The latter, noticing the observer’s unresponsiveness, approached him, invited outside, and asked him to be understanding regarding this incident. The observer, after returning to the polling Station 15 minutes later, saw that the ballot box was half full. Only 8 voters had actually cast their ballots at that time. And when the observer complained, he was asked to leave the Polling Station, otherwise they threatened to take revenge upon him.

84. NDU observer Tsoghik Ghazarian filed the following complaint from Polling Station No.10/21: “A group of young men entered few times and cast ballots. I told the Commission chairperson but the latter neither checked their passports nor allowed me to do the same. A number of ballots were being handed to each of them. This took place between 12:50 and 13:10.”

85. NDU observer Gnel Brutian filed the following complaint from Polling Station No.10/2: “The numerous demands made by the observers in regard to providing information, every 3 hours, on the voter turnout were turned down by the members of the Commission. A number of young men stuffed ballots at 19:15 and this was not prevented by the Commission members. The requirement of making extractions, during summing up the election results, from the voter list was likewise denied. A large discrepancy was registered during the final tally, as the observers’ number was 266, while the opposing figure 672.”

86. There was no information from Polling Station No.16/7 because the observers were taken out by the Commission.

87. Observer Vagharshak Petrosian entered Polling Station No.23/42 at 07:45am and the ballot box was already filled in half. The governor of the region, Stepan Barsegian, and his brother from the Country of Law Party came at 11:00am and showed the opposition observers outside.

88. According to observer Aghasi Bartmachian, 12 people voted at Polling Station No. 13/25 as of 12:30, however the ballot box was completely full.

89. Observer Donara Mkrtchian informed from Polling Station No.2/22 that the military serviceman, officers and cadets, approached the ballot box, opened up their ballots, showed them to their commander, and only then inserted in the ballot box.

90. Observer Kamo Aidinaian informed from Polling Station No.1/29 that according to his calculations only 59 people voted as of 11:30am but the ballot box was already full.

91. Only 30 people had voted in Azatan village as of 11:30am but the ballot box was already full.

92. At Polling Station No.10/26, located in Kindergarten No. 59, the following violations were recorded:

• Pursuant to Section 2 of Article 26 of the Law “On Referendum,” the text of the “draft being put to referendum” was placed in the Polling Station. The text included the “Constitution of the Republic of Armenia and its Amendments”, the incorporated versions of Articles 1-117, which obviously ran counter to the matter that was put to referendum, and this caused uncertainty for the voters in terms of which document they were to express their views on.

• The requirements stipulated by Section 6 of Article 50 of Armenia’s Electoral Code were violated (the ballot samples were not placed in the Polling Station).

• The requirements stipulated by Section 2 of Article 53 of Armenia’s Electoral Code were violated (the Commission chairperson did not state aloud the serial number of the stamp).

• The requirements stipulated by Section 1 of Article 31 of Armenia’s Law “On Referendum” were violated (the Commission declared a nearly two hour recess after the election and its session devoted to the summing up of the results was held at around 22:00).

• The requirements stipulated by Articles 31 and 32 of Armenia’s Law “On Referendum,” concerning the procedure for summing up the results, were violated (firstly the ballot box was opened and the ballots were counted, and only after that the unused ballots cancelled and the number of election participants tallied).

• The absolute requirements stipulated by Section 8 of Article 32 of Armenia’s Law “On Referendum” (The photocopy of the registration which was given to the observer was not stamped by the Commission chairperson) were violated.

• The total number of ballots in the ballot box did not correspond with the actual number of voters (3 observers registered only 214 voters, whereas 816 ballots were found in the ballot box).

• The information on a number of registered citizens was missing in the voter lists.

• The empowered bodies did not properly inform the citizens about the location of their polling station, as a result, numerous people were deprived of their right to elect.

93. Observer Surik Martirosian came to Polling Station No. 12/13 at 09:20am, however the chairman of the Commission prohibited him from carrying out his right and did not allow him to stay and yet there were no other observers at the Polling Station.

94. Observer K. Harutiunian counted, as of 20:00, 150 voters at Polling Station No. 8/09 but there were 600 ballots in the ballot box.

95. Heritage Party observer Shushan Kirakosian informed from Polling Station No. 12/28 that people who were not registered at that Polling Station were casting ballots.

96. Observer Antonian informed from Polling Station No. 12/33 that people not registered to that Polling Station cast ballots and ballots were stuffed.

97. Observer Adrine Avagian informed from Polling Station No. 10/28 that the voter lists were placed only at 12:00 and she demanded that this violation be registered but this was turned down by the Commission.

98. At Polling Station No. 11/09 the NDU observer Ashot Makhmurian noticed the following flaws and violations:

• A voter had two ballots one of which, by the observer’s intervention, was taken and submitted to the Commission with the demand to declare it invalid.

• The large group of residents was inconsistent, that is, a large number of citizens were coming in and while registering their names in the voter lists it was becoming impossible to follow their conduct.

• According to the probe conducted by the Council of Europe and in the presence of local observers, there were similarities between the signatures and certain handwritings in the voter lists, which cast a shadow on the actual number of participants.

99. Observer Hmayak Torosian came to Polling Station No.1/19 at 09:40am and according to Tamar Vahanian, the chairperson of the Commission, 151 people had already cast their ballots by that time but the actual voter turnout was fairly low. The observer registered the following violations:

• The voter lists that were placed outside the Polling Station and the ones inside were not the same.

• The voting booths had such an appearance and were placed in such a way that the precept of close and secret ballot was infringed upon.

• There were too many unrelated people, especially from the Republican Party, who were coming in and going out of the Polling Station; Lianna Hovhannisian, in particular and in the guise of an observer, was at the Polling Station between 11:30 and 19:30. It became clear afterwards that she was not a registered observer.

• Arman Yedoyan from the Republican Party brought nearly 20 young men to the Polling Station; the latter voted quickly, in a matter of just 3-4 minutes, and left the place so that the observer would not have time to check the passport of at least one of them.

• All members of the Commission took turns, between 09:40 and 19:00, in filling the voter lists as they willed.

100. NDU observer Zhenia Khachatrian recorded at Polling Station No. 21/22 that after having checked voter Anahit Hairapetian’s passport it became clear that she was not yet 18 years old but nonetheless, she was allowed to vote.

101. Observer Galust Galstian recorded at Polling Station No. 14/25 that the observers were coerced a great deal; a person, permitted by the Commission, wanted to stuff 15 ballots, however our observer confiscated those ballots, informed the police but the latter did nothing about it.

102. The same observer informed from Polling Station No. 14/32 that a young man, under the surname of Hovakimian, voted openly and stuffed 4 ballots.

103. The same observer informed this time from Polling Station No. 14/21 in Voskevaz that in the case when he had registered only 32 voters as of 12:30, there already were nearly 150 ballots in the ballot box at 08:30.

104. Conditions for casting secret ballot were nearly inexistent at Polling Station No. 14/22 in Voskehat. The conditions that are necessary for secrecy of ballots were lacking; the voters were filling their ballots near windows and on the table where they received the ballots. The school’s principal was helping the people in voting “Yes.”

105. Observer Mariam Karayan recorded, at Polling Station No. 3/9, 730 ballots being stuffed between 17:00 to 20:00, which meant that one person seemed to have voted every 10 seconds.

106. Observer Gaspar Yeritsian recorded the stuffing of 560 ballots at Polling Station No. 3/4.

107. At Polling Station No. 3/26, 530 ballots were stuffed between 17:00 to 20:00.

108. Observer Ruzan Vardanian informed from Polling Station No. 10/09 that a group of young men were entering and voting few times over. This incident occurred in the presence of the Commission chairperson and the reporter from “A1+.” The demand for recording this violation was rejected.

109. NDU observer Anush Serobian informed from Polling Station No. 21/10 that only 907 people cast ballots as of 17:30, whereas, according to the figures given by the Commission, a total of 1261 people took part in the election.

110. NDU observer Samvel Mkrtchian recorded, from Polling Station No. 21/34, one person voting in place of two, and casting of ballots with two or without any passports.

111. Observer Karine Manukian informed from Shirak Region’s Polling Station No. 36/34, in Maralik town, that the Commission chairperson took the observer’s identification and ripped it, the latter was attempted to be taken out by the help of the police, and all the while, hundreds of ballots were being stuffed.

112. Observer Arthur Poghosian informed from Shirak Region’s Polling Station No. 36/39, in Sarnaghbiur village, that the Commission chairperson refused to provide to the observer the minutes of the session, and the votes were cast at once and in lieu of approximately 100 people who had gone to outer work.

113. The police and members of the Commission forcibly threw observer Arman Avdalian out from Shirak Region’s Polling Station No. 36/36, in Maralik town, and immediately stuffed around 50 ballots. Only 13 people had voted as of 10:30am but the ballot box was already half full.

114. Observer Gagik Yailoyan informed from Shirak Region’s Polling Station No. 36/35, in Maralik town, that the Commission member Samvel Grigorian stuffed ballots into the second empty ballot box that was placed, while his daughter and Commission chairwoman Lusine Grigorian sealed the ballot box and accepted it, in presence of all Commission members, as the actual ballot box. The objections made by the observer were disregarded.

115. Polling Station No. 36/07 observers Tamar Avetisian, Gevorg Ter-Karapetian and Matevos Ghrzoyan confirmed that when there were no voters the Commission members, by the permission of the chairperson, were forging signatures in the registration lists, and thus, making preparations for stuffing corresponding number of ballots.

116. Polling Station No. 36/02 observers Araksia Davayan and Gevorg Ter-Karapetian informed that the Commission had set a special watch on the voters. From the back of the voters they were checking the latter’s selection and whether they were carrying out the given instruction. And in response, the voters were showing their ballots.

117. Heritage Party observer Gayane Aghakarian informed from Shirak Region’s Polling Station No. 36/1, in Artik town, that the voting booths were right next to one another and as a result, the ballots were cast openly.

118. Observers Matevos Ghrzoyan and Gevorg Ter-Karapetian informed from Shirak Region’s Polling Station No. 36/11, in Nahapetavan village, that on the day of the Referendum the campaign poster was not taken down from the entrance.

119. Observers Matevos Ghrzoyan, Edmond Yeganian and Gevorg Ter-Karapetian informed from Shirak Region’s Polling Stations No. 36/1, /2, /3, /5, and /7 that the voter turnout was fairly low 2-3 hours after the start of the election or just 10-20 voters cast ballots. There was some activity between 12:00 and 19:00, and the voter turnout was 18-25.5%. The violations got underway at 18:00 and became large-scale after 19:00. These include: signing in place of citizens who had not voted; making random numerical changes in passport information; and ballot stuffing in several polling stations.

120. The observer at Polling Station No. 31/8 informed that a minibus, with official license plate 17-80 LS, was carrying people to different polling stations, and the Commission members, who were sitting by the ballot box, were not checking the passports.

121. Observer Yeganian informed from Polling Station No. 36/2 that after filling their ballots the voters were presenting them, in open form, to the person whose duty it was to stamp them, and the latter was checking the ballots, folding, and putting them in the ballot box.

122. The observers at Polling Station No. 36/01 mentioned that the members of the Commission were stuffing stacks of ballots and were warned several times. A recording was made to that effect but the Commission chairperson refused to add this to the relevant report.

123. At Berd’s Polling Station No. 2 the Heritage Party observers Hrair Matevosian and Spartak Ohanian recorded the following violations:

• There was no one from the Commission near the ballot box throughout the day.

• Instead of Commission members, lay people were making registrations in the voter lists.

• Stacks of already stamped ballots were distributed among the people and the latter stuffed them.

• The Commission chairperson did not respond to the notifications made by the observers.

• A group of people surrounded the observers so that the latter would not be able to withstand.

• According to calculations by the observers, only 386 people took part in the voting, however, something magical occurred in the end of the day as a total of 903 ballots came out of the box.

124. Observer Heghush Mkrtumian in Movses village recorded these violations:

• Commission chairman Zaven Papian ordered everyone who came in to vote “Yes” and he also cast ballots in lieu of many others.

• To the observer’s numerous notification that he had no right to coerce the voters Papian replied by saying that he will do as he pleased.

• A stack of ballots were stuffed.

• The Polling Station experienced power outage between 19:10 and 19:30.

• The village elder Vladik Aperian came to the Polling Station a number of times and gave instructions to the Commission.

• 680 participated in the election—184 ordinary citizens and 496 military servicemen. And since the observer was forced to leave the place the latter was not able to ascertain the final results.

125. In the polling stations of the Lori Region’s Election Districts 29-32 the observers recorded these violations:

• The ballot boxes were already half full prior to the observers’ arrival at 08:00am.

• According to observers the voter turnout was 10% as of 20:00.

• In Polling Station No. 32/30, located in the kindergarten of Stepanavan town, military servicemen voted three times; they were not given ballots and instead the Commission members filled and stuffed the ballots.

• At Polling Stations No. 32/31, 32/32 and 32/36 there were arguments between the observers and the Commission concerning the stuffing of ballots, the observers were repressed and offensive remarks were made against them.

• The village elders called and encouraged the villagers to vote “Yes.”

• In Vardablur village, the MP Vram Giulzadian ordered the public to cast “Yes” ballots.

126. At Polling Station No. 33/74, observer Koshtoyan counted only 20 voters as of 11:00am, however the voter lists said that 202 “participated” in the election. The stamp was already used as of 07:30, that is prior to the start of the election, and 60 people had cast ballots. The observer also confronted cases where people were voting without passports.

127. At Polling Station No. 38/65, observer Davit Matevosian informed that the Commission’s chairperson did not permit Commission member Edik Minasian to take part in the activities of the Commission. Having taken the stamp out of the sealed envelope, it became clear that the stamp was already used. A coloring technique was being applied in order to differentiate between the ballots that were cast by ordinary citizens and soldiers. The latter voted openly.