Human Rights in Closed Institutions

Situation in Armenia

Rights, freedoms and responsibilities of arrested, detained and convicted persons are defined by the RA Criminal Procedure Code.

Besides, general principles, conditions and procedure for keeping an arrested person under arrest and a detained person under detention, their rights, guarantees of providing the above, their responsibilities as well as the procedure for releasing from arrest and detention are defined by the RA Law on Keeping Arrested and Detained Persons.

The guarantees for providing the legal state of the convict, his rights and freedoms, the procedure for applying means of coercion of medical nature related to serving the punishment, of application of certain forms of punishment, of appointing a probation period in case of probation and conducting control during the probation period, as well as of exempting from punishment are stated in the RA Penitentiary Code. 

In 2004 a Group of Public Observers Conducting Public Monitoring of Penitentiary Institutions and Bodies of the RA Ministry of Justice was established by the order QH-66-N of the RA Minister of Justice. The group included representatives of NGOs. The group conducts monitoring by means of visits to penitentiary institutions and bodies and by presenting reports on the basis of those visits - current, annual and ad hoc. 

The public control in the places for holding arrested persons is conducted by the Group of Public Observers Monitoring the Places for Holding Arrested Persons established by the RA Head of Police order A1-N of January 14, 2005. 

In order to conduct permanent monitoring in special educational facilities /boarding schools, special schools/of the RA Ministry of Education and Science, the group of public observers was established, the procedure of activities of which was approved by 493-N order of the RA Minister of Education and Science.

Conducting permanent public monitoring of protection of children's rights, revealing violations of human rights in the institutions and making recommendations to prevent thereof, are included in the goals of the Group's activities.

One of the most frequently revealed violations in the places for holding arrested persons (PHA) by the Group of public observers is holding the person in PHA for more than 72 hours without the court's decision to use detention as a measure of restraint.

This phenomenon is not only considered violation of norms stipulated by the RA Criminal Procedure Code but also violation of the freedom and right to personal immunity guaranteed by Article 9 of International Covenant of Civil and Political Rights and Article 5 of European Convention of Human Rights [1].

Lack of the staffing position of a medical practitioner is among the primary problems in PHA [2]. According to Article 21 of the Law on Keeping Arrested and Detained Persons, when the arrested person appears to have bodily injury, the medical practitioner of the PHA shall immediately conduct medical examination; the doctor chosen by the arrested person may participate in the examination.

The law more than clearly defines the necessity of a doctor in PHA, however, as of today no medical practitioner works in PHA. Providing the first medical aid is the responsibility of the policeman on duty who does not have elementary medical skills, and then of the ambulance staff [3].

Manifestations of ill- treatment of convicts in penitentiaries are difficult to reveal. In cases of ill- treatment revealed by the Group of observers , the penitentiary does not report cases of using instruments of restraint (handcuffs, truncheons etc.), and the medical staff does not report the injuries of convicts. The convicts reluctantly submit complaints or information on violence exerted towards them or other persons [4].

In the recent years penitentiaries are overcrowded. Living space for each convict is less than 2 square meters, whereas according to the RA legislation as well as international standards that figure should be 4 square meters as a minimum.

Overcrowding causes health and psychological problems, oxygen hunger, deterioration of health, mental tension and conflicts. Such conditions are assessed by the European Court of Human Rights as cruel or inhuman, degrading treatment, in separate cases also as torture [5].

[1] On the activities of the public observers group at the places of holding arrested persons in the RA Police system for the months of April-October, 2006, page 66

[2] On the activities of the public observers group at the places of holding arrested persons in the RA Police system in 2010, page 175

[3] On the activities of the public observers group at the places of holding arrested persons in the RA Police system in 2010, page 167

[4] "2008 report for the RA Ministry of Justice Penitentiary System", by the Public observers group conducting public monitoring in the RA Ministry of Justice penitentiary institutions and bodies, page 9

[5] http://hra.am/am/point-of-view/2010/07/26/statement

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    28.03.2012 | Point of View
    The judge Mkhitar Papoyan rejected the petition of advocates for the second time to release Stepan Hovakimyan and Vahram Qerobyan mentioning they are accused of a grave crime. He did not take into account the fact that the grounds on which the two men were arrested 2 years ago are not relevant today. The relatives were ready to give a bail, Hovakimyan’s father was ready to put the only real estate they have their apartment in pledge. The court did not take into account the petition of more than 20 intellectuals by which they ensure Stepan Hovakimyan’s proper behavior. The court made a decision to uphold the decision on arrest taking as a principle the degree of danger of the crime.

  • A criminal case with a whole “bunch” of human rights violations

    26.03.2012 | Point of View
    Stepan Hovakimyan and Vahram Qerobyan, who were charged for theft from “Moscow” cinema, are under detention for more than 2 years. There is no evidence proving their guilt. The only ground is the confession of Stepan Hovakimyan, which he claims to have written because of battery and torture. On March 26 “Civil Society Institute” (CSI) NGO held a press conference demanding to change the preventive measures of Hovakimyan and Qerobyan and to conduct a comprehensive and unbiased investigation on the fact of torture of Hovakimyan.

  • The system of early conditional release in Armenia; reforms are needed

    02.03.2012 | Point of View
    The number of persons released on parole has decreased in the last 5 years. In 2006 22 percent of prisoners eligible for release on parole were released, while in 2010 only 7 percent were released. These data were published in the study conducted by Civil Society Institute “The system of early conditional release in Armenia”.

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    02.03.2012 | Point of View
    The number of persons released on parole has decreased in the last 5 years. In 2006 22 percent of prisoners eligible for release on parole were released, while in 2010 only 7 percent were released. These data were published in the study conducted by Civil Society Institute “The system of early conditional release in Armenia”.

  • A violation of the convict’s right to life: the Ministry of Justice is responsible

    22.02.2012 | News
    On February 18, 2012 convict Hovhannes Dokholyan died in the "Hospital of Convicts" penitentiary institution of the Ministry of Justice. According to the preliminary version Dokholyan committed suicide by means of electric current, but before committing suicide he left a message, where he announced that he had been sick and tired of life. During the last 7 months he had committed two suicide attempts, which fortunately were prevented.

  • Reciprocal Accusations: the Issues Remain Unsettled

    08.02.2012 | Point of View
    The group submitted 21 ad hoc reports in 2011. According to the head of the group of public observers Arthur Sakunts all of the reports received formal answers and the raised issues remained unsettled.

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