Armenia has joined the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 1993. The high contracted parties should report the Committee against Torture on the taken measures in regard of the obligations taken under the convention. Article 119 of the RA Criminal Code defines torture, which is not in compliance with Article 1 of the UN Convention.
RA Criminal Code defines torture as a crime of medium gravity without specifying the subjects, i.e. without mentioning that pain or suffering should be inflicted by or at the instigation of or with the consent or acquiescence of a public official.
The article does not either define the purpose of causing a person pain or suffering, i.e. for obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind[1].
The elements of torture given in Article 1 of the Convention are reflected in Article 341 (Forcing testimony by the judge, by the prosecutor, by the investigator or by the person in charge of inquiry) of the RA Criminal Code. RA Criminal Code criminalizes forcing a person to make a false testimony, conclusion or translation, committed at judicial proceedings as means of torture, excluding cases of this kind committed by officials or with their support in other places, for instance at rallies (between a police officer and a participant), penitentiaries, military forces, etc[2].
Cases of torture are not revealed very often, as victims rarely raise the issue being frightened that the consequences could be even worse.
Levon Ghulyan's death at the police made immense public resonance. He was summoned to the police as a witness on the 12th of May, 2007. No one is held liable for his death until now. RA Special Investigation Service, based on the decision dated 21 of March 2011, did not comply with the requirements of the RA Court of Cassation decision from 27.10.210 and terminated the criminal case in regard of Levon Gulyan's death for the third time without making any investigation.
On the 13th of April 24 year-old Vahan Khalafyan died at Charentsavan Police Station. On 29th of November, 2010, First Instance Court of Kotayk region sentenced Ashot Hatutyunyan, the ex-head of Criminal Investigations Division of the Charentsavan police to eight years of imprisonment for abuse of power.
Movses Hayrapetyan, a policeman of the Criminal Investigations Division, was sentenced to two years of conditional imprisonment, while Gagik Davtyan and Garik Ghazaryan were found not guilty. Human rights defenders and the relatives of the deceased claim that Khalafyan was killed. At present the case is appealed.
Stepan Hovakimyan, who is charged with the organization and implementation of a theft at Moscow cinema on the 10th of January, 2010, declared at the First Instance Court of Kentron and Nork-Marash administrative districts that coercive methods were used towards him to make him confess. Civil Society Institute NGO made a statement on this occasion urging the authorities to make an investigation of torture and not use illegally obtained evidence as the bases of charges.
Another case of torture and degrading treatment took place in May 2009 in Katnaghbyur village of Aragatsotn region against Sasha Davtyan who was charged with raping his daughter. The victim of the case and her sister also were subjected to torture and inhuman and degrading treatment at RA Central Police Department over four days.
On the 17th of December 2009, the Fist Instance Court of Aragatsotn region declared Sasha Davtyan innocent for raping his daughter. However, no investigation was made in regard of torture, about which there were statements at the court hearings and nobody is held liable for it.
[1] United Nations Organization Analysis of Implementation of UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by Courts, 2008 [«Խոշտանգումների և դաժան, անմարդկային կամ արժանապատվությունը նվաստացնող վերաբերմունքի ու պատժի այլ ձևերի դեմ ՄԱԿ-ի կոնվենցիայի կիրառումը դատարանների կողմից» վերլուծություն, ՄԱԿ, 2008թ]
[2] Idib, pg.12
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