CCPR/C/79/Add.100 page 2 4. The Committee notes with satisfaction the establishment of the Commission on Human Rights as an advisory body to the President of the Republic, with competence to review draft legislation affecting human rights and fundamental freedoms. It notes the setting up of a Human Rights Department within the Ministry of Foreign Affairs. The Committee further welcomes the proposal to establish the office of Ombudsmen with power to deal with individual complaints. 5. The Committee commends the State party for its expressed intention to abolish the death penalty by 1 January 1999, which will automatically affect all persons currently on death row. 6. The Committee welcomes the release of political prisoners in Armenia following the last presidential elections. In this connection, it notes with satisfaction that non-governmental organizations have been given the important role of visiting prisoners and making spot checks. In this connection, the Committee notes the role played by the Committee of Soldiers’ Mothers in addressing complaints within military garrisons. In addition, the Committee notes the agreement with the International Committee of the Red Cross giving ICRC representatives access to detainees in Armenia. C. Principal subjects of concern and recommendations 7. The Committee expresses its grave concern about the incompatibility of several provisions of the Constitution with the Covenant: for example, article 22 of the Constitution, which guarantees freedom of movement only to Armenian citizens, contravenes article 12 of the Covenant; articles 23, 44 and 45 of the Constitution, which allow derogation under a state of emergency and limitations to the freedom of thought and religion, contravene articles 4, paragraph 2, and 18 of the Covenant. The inconsistency of domestic law with provisions of the Covenant not only engenders legal insecurity, but is likely to lead to violations of rights protected under the Covenant. 8. The Committee notes that the independence of the judiciary is not fully guaranteed. In particular, it observes that the election of judges by popular vote for a fixed maximum term of six years does not ensure their independence and impartiality. 9. The Committee is concerned that pursuant to article 101 of the Constitution only representatives of the executive and legislative branches may have recourse to the Constitutional Court. The Committee recommends that the State party amend its Constitution so as to enable individuals, in appropriate circumstances, to bring questions concerning human rights guaranteed in the Constitution, many of which are also protected in the Covenant, to the Constitutional Court. 10. The Committee takes note that the new Criminal Code provides for the abolition of the death penalty, and recommends that the death sentences of