YEREVAN. - Publication of post-election voter lists is not anti-constitutional.
Minister and Chief of Armenian Government Staff, Davit Harutyunyan, said the aforementioned in the Armenian National Assembly (NA) Monday, introducing the draft amendments to the Electoral Code of Armenia.
One of the decisions of the Constitutional Court indeed mentions about the impossibility to publish the post-election lists of the voters but this is mentioned in the descriptive part of the decision and not in the decision itself. Thus, the current draft amendments to the Electoral Code, which propose to publish these lists, don’t contradict the Constitution, Harutyunyan assured.
“I can’t say whether the Constitutional Court can make a reverse decision. But the Republican Party of Armenia (RPA) will not request to review the draft, at least till next elections. I can state this as a party member,” Harutyunyan said.
In decision N 412 (2003), the Constitutional Court of Armenia noted that it supported the position of the Venice Commission of the Council of Europe (2002), according to which the signed voter lists are considered to be part of the voter confidentiality and are not subject to promulgation. At the same time, in decision N 1027 (5 May 2012), the Constitutional Court of Armenia commented on the limitation on publishing the aforementioned lists, presenting the position of the Venice Commission and OSCE/ODIHR, which have developed the key European criteria on the given issue. Either way, the key approach should be not the absolutization of the freedom of information, but its legitimate restriction and ensurance of the guarantees of the rights of others, the court decision reads.