ARMENIA
- Current Issues
- Country Background, Politics & Law
- Human Rights Issues
- Security, Humanitarian Issues and Protection Related Issues
- Nagorno-Karabakh
Human Rights Issues
11.03.2008 - Source: US Department of State
Most instances of abuse of prisoners and detainees by law enforcement authorities occurred in police offices ("Country Report on Human Rights Practices 2007") [ID 22950]
"According to observers, most instances of abuse of prisoners and detainees by law enforcement authorities occurred in police offices, rather than in police detention facilities which are subject to human rights monitoring. In its November 2006 report, the CPT noted allegations that detainees had spent up to 10 days in various police district divisions in Yerevan without mattresses, blankets, and food other than that supplied by relatives. In its December report, the CPT said it observed an improvement in police holding areas that had been refurbished, or were in the process of refurbishment in 2006. Mattresses, blankets, and food were supplied to detainees at the facilities that CPT observed. The CPT reported deficiencies, however, in the Vanadzor, Sisian, and Yeghegnadzor police departments, namely small cell space, cold temperatures, and lack of hot water."
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11.03.2008 - Source: US Department of State
Corruption in prisons continued to be a problem ("Country Report on Human Rights Practices 2007") [ID 23005]
"Corruption in prisons continued to be a problem, exacerbated by very low salaries for prison administration employees, poor and sometimes dangerous working conditions, and a lack of staff. In certain facilities prisoners bribed officials to obtain single occupancy cells and additional comforts. There were also unverified reports that authorities charged unofficial fees to family members and friends seeking to deliver meals to inmates. In some prisons monitors noted that prisoners had difficulty mailing letters and that some prison officials did not adequately facilitate family visits."
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11.03.2008 - Source: US Department of State
Yerevan: Reports of monitored communications of prisoners held in Kentron prison, including their meetings with attorneys ("Country Report on Human Rights Practices 2007") [ID 23006]
"Despite the transfer of all prisons to the jurisdiction of the Ministry of Justice between 2001 and 2003, the NSS continued de facto to operate the Yerevan-Kentron prison, located on NSS property; the facility was often used to hold pretrial detainees and sentenced prisoners whose cases were politically sensitive. There were reports that NSS monitored communications of prisoners held in this prison, including their meetings with attorneys."
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11.03.2008 - Source: US Department of State
Government permitted local NGOs and international rights groups to monitor conditions in prisons ("Country Report on Human Rights Practices 2007") [ID 23007]
"The government permitted local NGOs and international rights groups, including the International Committee of the Red Cross (ICRC), to monitor conditions in prisons. The ICRC was permitted to visit both prisons and pretrial detention centers and did so in accordance with its standard modalities. Authorities continued to permit personnel of the CSMB to visit prisons without giving advance notice. A separate Public Monitoring Group monitored police detention facilities."
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06.03.2007 - Source: US Department of State
Detainees must obtain permission from police or the prosecutor's office in order to obtain a forensic medical examination needed to substantiate a report of physical abuse ("Country Report on Human Rights Practices 2006") [ID 20110]
"By law detainees may file complaints prior to trial to address alleged abuses committed by authorities during criminal investigations; however, detainees must obtain permission from police or the prosecutor's office in order to obtain a forensic medical examination needed to substantiate a report of physical abuse. Human rights NGOs reported that authorities rarely granted such permission (see section 1.e.). There were no prosecutions or convictions of police for torture or other mistreatment during the year. Police conducted 18 internal investigations of complaints of brutality by their officers, but information on the outcome of these investigations was not available at year's end."
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06.03.2007 - Source: US Department of State
Prison conditions remained poor and posed a threat to health ("Country Report on Human Rights Practices 2006") [ID 20111]
"Prison conditions remained poor and posed a threat to health, although the Civil Society Monitoring Board (CSMB), an organization established by government initiative involving prison monitoring by NGO personnel, reported some improvements as authorities began to renovate old prisons. However, problems remained: cells were overcrowded, most did not have adequate facilities, prison authorities did not provide most inmates with basic hygiene supplies, and food quality remained extremely poor. The CSMB reported in 2005 that prisoners were at high risk of contracting tuberculosis, and adolescents held in juvenile facilities rarely received the schooling required by law. The CSMB reported other chronic problems, including denial of visitor privileges, medical neglect, and in the most extreme cases, physical abuse."
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06.03.2007 - Source: US Department of State
In certain facilities prisoners bribed officials to obtain single occupancy cells and to obtain additional comforts ("Country Report on Human Rights Practices 2006") [ID 20112]
"In certain facilities prisoners bribed officials to obtain single occupancy cells and to obtain additional comforts. There were also unverified reports that authorities charged unofficial "fees" to family members and friends seeking to deliver meals to inmates. In some prisons monitors noted that prisoners had difficulty mailing letters and that some prison officials did not adequately facilitate family visits."
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06.03.2007 - Source: US Department of State
NGO reported that of 62 prisoners held in pretrial detention in the Lori region 16 showed signs of abuse ("Country Report on Human Rights Practices 2006") [ID 20113]
"A local NGO reported that of 62 prisoners held in pretrial detention in the Lori region between January 1 and March 17, 16 showed signs of abuse. The NGO based its findings on prison logs in which authorities documented the conditions of prisoners transferred from pretrial detention. The same NGO reported that guards and administrators at prisons in Nubarashen and Goris had beaten prisoners. "
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06.03.2007 - Source: US Department of State
Hunger strike to protest prison conditions ("Country Report on Human Rights Practices 2006") [ID 20114]
"On July 23, four prisoners serving life sentences at Nubarashen Prison attempted to escape. After they were caught they attempted suicide and later went on a week‑long hunger strike to protest prison conditions. The governmental human rights defender's office later sent a task force to the prison to investigate and found that conditions at the prison had improved with the renovation of cells and medical facilities but remained very poor."
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06.03.2007 - Source: US Department of State
Facility of female prisoners cleaner and better equipped ("Country Report on Human Rights Practices 2006") [ID 20115]
"The CSMB monitors reported that female prisoners had more freedom of movement than male prisoners and that their facility was cleaner and better equipped."
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06.03.2007 - Source: US Department of State
Most instances in which authorities abused prisoners took place in pretrial detention facilities, say observers ("Country Report on Human Rights Practices 2006") [ID 20175]
"Observers believed that most instances in which authorities abused prisoners took place in pretrial detention facilities, which were under the control of the Department of Police. Suspects may be held in such facilities without charge for up to three days, and longer at the request of the prosecutor general and with the assent of a judge."
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06.03.2007 - Source: US Department of State
Government permitted local NGOs and international rights groups to monitor conditions in prisons ("Country Report on Human Rights Practices 2006") [ID 20176]
"The government permitted local NGOs and international rights groups, including the International Committee of the Red Cross (ICRC), to monitor conditions in prisons. Authorities continued to permit personnel of the CSMB to visit prisons without giving advance notice, as they have done since 2004. However, despite the government's commitment to give the CSMB access to all detention facilities, including holding cells and local police stations, the Department of Police did not permit the CSMB or any other locally based organization to visit detention facilities under its control during the year."
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07.2006 - Source: Freedom House
Although prison conditions have improved slightly, according to report, prisons remain overcrowded and unsanitary ("Countries at the Crossroads 2006") [ID 18104]
"Conditions in local Soviet-era prisons have reportedly improved since 2002, when Armenia's penitentiary system was transferred from police to Justice Ministry jurisdiction. But they were deemed unsatisfactory by a monitoring group comprising representatives of a dozen NGOs that conducted a yearlong inspection of prisons across the country. Their report, released in June 2005, said most Armenian prisons remain overcrowded and unsanitary and are in urgent need of repairs. Justice Ministry officials accepted the criticism but blamed the problem on a lack of funds."
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08.03.2006 - Source: US Department of State
Prison conditions poor and threat to health ("Country Report on Human Rights Practices 2005") [#46111], [ID 15699]
"Prison conditions remained poor and posed a threat to health. Cells were overcrowded, most did not have adequate facilities, and prison authorities did not provide most inmates with basic hygiene supplies. According to a June Civil Society Monitoring Board (CSMB) report, prisoners remained at high risk of contracting tuberculosis, and adolescents held in juvenile facilities rarely were provided with the schooling required by law. The CSMB reported chronic problems including denial of visitor privileges, medical neglect, and in the most extreme cases, physical abuse. In certain jails, prisoners paid bribes to move into single occupancy cells and to obtain additional comforts. There were also unverified reports that authorities charged unofficial fees to family members and friends delivering meals to inmates. In some prisons, monitors noted that prisoners had difficulty mailing letters and that some prison officials did not adequately facilitate family visits.
CSMB monitors reported that female prisoners had more freedom of movement, and that their facilities were cleaner and better equipped and maintained than prisons for men.
The government permitted independent monitoring of prison conditions by local NGOs and international human rights groups, including the International Committee of the Red Cross (ICRC). In June 2004 the Ministry of Justice (MOJ) authorized the CSMB to visit prisons without giving advance notice and, in practice authorities permitted monitors to do so. Technically the ICRC and CSMB had access to all detention facilities, including holding cells, prisons, and local police stations to conduct independent monitoring and to meet with detainees and prisoners. In practice the national police ministry did not allow any local groups to monitor pretrial detention facilities (suspects may be held up to three days without charge), where most abuse was believed to occur. Police also denied CSMB monitors access to pretrial detention facilities."
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01.04.2005 - Source: Norwegian Helsinki Committee
Report on prison conditions ("Prison Conditions in Armenia") [#38598], [ID 3022]
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28.02.2005 - Source: US Department of State
Poor prison conditions with overcrowded cells, diseases and abuse; ICRC and CSMB granted access to prisons and prisoners ("Country Report on Human Rights Practices 2004") [#29491], [ID 3023]
"Prison conditions remained poor and posed a threat to health. Holding and detention cells were overcrowded, and most did not have toilets. Prison authorities did not provide most inmates with basic hygienic supplies. According to the newly formed Civil Society Monitoring Board (CSMB), prisoners remained at a high risk to contract tuberculosis, and adolescents held in juvenile facilities rarely were provided with the schooling required by law. The CSMB also reported that, in certain jails, prisoners paid bribes to move into single occupancy cells and to obtain additional comforts. In some prisons, monitors noted that prisoners had difficulty mailing letters and that some prison officials did not facilitate family visits adequately.
Men, women, and juveniles were held in separate prisons, and pretrial detainees were held separately from prisoners. CSMB monitors reported that female prisoners had more freedom of movement, and that their facility was cleaner and better equipped and maintained than prisons for men.
The Government permitted independent monitoring of prison conditions by local NGOs and international human rights groups such as the International Committee of the Red Cross (ICRC). In June, the Ministry of Justice (MOJ) authorized the CSMB to visit prisons without giving advance notice; however, the National Police Ministry did not allow some local monitoring groups to visit holding cells where detainees could be kept for up to 3 days without charge and where most abuse was believed to occur.
The ICRC and CSMB had access to all detention facilities, including holding cells, prisons, and local police stations to conduct independent monitoring and to meet with detainees and prisoners. Both reported that prisoners spoke freely and openly about their treatment and prison conditions."
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09.10.2003 - Source: Institute for War and Peace Reporting
Nagorny Karabakh: inmates of the Shushi prison unable to exercise their rights due to no legal awareness ("Karabakh Prisons: A Rare Glimpse Inside") [#16678], [ID 3024]
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08.05.2003 - Source: International Helsinki Federation for Human Rights
Prison conditions ("Human Rights in the OSCE Region: Armenia") [#12599], [ID 3025]
"Pursuant to Armenia’s commitments upon accession to the Council of Europe, all 14 penitentiaries in Armenia, except for pre-trial facilities, were moved under the control of the Ministry of Justice; 13 of them were moved as of October 1, 2001, while the investigating isolator of the National Security was transferred on January 1, 2003. In June 2002, the Helsinki Association was granted the right to monitor the penitentiary system of Armenia from February 2003. According to the Ministry of Justice, the total number of inmates in the above-mentioned 14 penitentiaries was 6,390. All detainees due to be imprisoned had to undergo a mandatory medical survey and spend 15 days in quarantine. The mentally ill persons were sent to a special prison hospital and placed in psychiatric care. According to the ministry, the quality of food for the prisoners was acceptable, but the inmates claimed that it was seriously substandard, and most of them lived off food parcels from their families or friends. No special diet was allowed for religious reasons. For example, Muslim prisoners, who did not want to eat port, could largely only eat the food brought by their relatives. The prison budget allowed for the daily expenses of about €1.3 per day and per prisoner (including food, electricity, etc.). Toilets in investigation isolators were situated in the cells, while in the colonies they were outside the barracks. There was no central heating in prisons, but the inmates were allowed to bring electric heaters to their cells. Floors in some cells were of asphalt. The inmates were allowed to shower once a week. The International Committee of the Red Cross pointed in 2002 to a serious lack of proper health care in penitentiaries which was due to the lack of sufficient funding, according to the Ministry of Justice. The inmates had one hour per day for open air walks in investigation isolators while in colonies the convicts could freely move about until sleeping time. In the colonies, the inmates could watch TV in specific rooms and listen to the radio. In the investigation isolators the detainees were allowed to keep TV sets in their cells brought by relatives. Newspapers were available upon payment and all of them were pro-governmental. Since the summer of 2002, inmates in investigation isolators were allowed to make telephone calls - in colonies this practice had existed for several years unless it was specifically prohibited by the investigation agencies. Such a ban was, however, illegal as according to the law “On the Conditions of Maintenance of Detainees and Arrested Persons,” nobody was authorized to prohibit phone calls. In common regime colonies long-term meetings (up to three days) with relatives were permitted twice a year, short-term meetings (up to four hours) three times a year. In strict regime colonies long meetings were restricted to one per year and short-term to two a year while in special regime colonies one of each meeting was allowed every year. In some cases provided by the Corrective Labor Code, a colony inmate who had violated internal regulations could be placed in isolation for up to 15 days, juveniles for ten days. Also the ban on receiving parcels was used as punishment."
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08.05.2003 - Source: International Helsinki Federation for Human Rights
Arbitrary detentions were commonplace ("Human Rights in the OSCE Region: Armenia") [#12599], [ID 3026]
"Arbitrary detentions were commonplace - According to the Criminal Procedure Code, the maximum term of detention without bringing charges was 72 hours. In practice, police arrested people suspected of a specific criminal act, registered it as “minor hooliganism” and kept them in detention for 15 days during which time they carried out investigation to see if there was evidence to fill in the detention protocol. Despite such misconduct, no officers are known to have been held accountable for arbitrary detentions. In most cases, suspects were held in custody pending trial. Bail could be used in cases of minor or average offenses. A bail could be given only upon payment of a large sum of money, starting from 200 times the minimum monthly salary, i.e. 200,000 drums (€342). On the basis of the laws “On the Holding of Detainees and Arrested Persons” (adopted on March 7, 2002), “On the Police,” and the Criminal Procedure Code, law enforcement agencies were obliged to inform relatives about the whereabouts of detainees, and detainees had the right to contact a lawyer and doctor. The police informed detainees about these rights by giving them a paper listing their rights without explaining them. According to the Criminal Procedure Code, the maximum term of pre-trial detention was two months, which, however, could be prolonged by two months, but not longer than for a total duration of a year. There was a right to state-appointed and paid lawyers, but the defendants usually rejected their services due to the poor performance in defending them: in some cases, such defense lawyers had even pressured their clients into pleading guilty on the basis of an arrangement with the prosecution or judge and for money. Parity of the two parties was undermined by the fact that during preliminary investigation, the defense did not have legal access to the case file and therefore could not properly prepare the case, including challenging the prosecutor’s claims for the necessity to detain a suspect or to prolong detention."
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31.03.2003 - Source: US Department of State
Authorities continued to arrest and detain criminal suspects without legal warrants ("Country Reports on Human Rights Practices - 2002") [#11840], [ID 3027]
"The Constitution and laws prohibit arbitrary arrest and detention, except in cases involving national security. Arbitrary arrest and detention remained a problem. Authorities continued to arrest and detain criminal suspects without legal warrants, often on the pretext that they were material witnesses. An amendment to the Criminal Code passed in 2001 reduced the length of time the police have the right to detain suspects without official charges from 96 to 72 hours. The police frequently imprisoned detainees without notifying their family members. Often several days passed before family members obtained information about an arrest and the person's location. Security agencies often restricted access of lawyers and family members to prisoners until the preliminary investigation phase was complete, a process that could last weeks (see Section 1.e.).
Prisoners were allowed access to attorneys (and vice-versa). Access to prisoners by their families was sometimes a problem. A bail system does not exist; however, a prisoner may be released to a form of house arrest if the court is convinced that he will not flee. Although the revised Criminal Procedure Code has entered into force, the revised Criminal Code remained under consideration in Parliament (see Section 1.e.). A suspect may be detained for no more than 12 months pending trial, after which the suspect must be released or tried; however, this latter provision was not always enforced in practice, and lengthy pretrial detention remained a problem."
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31.03.2003 - Source: US Department of State
Prison conditions continued to improve during 2002 ("Country Reports on Human Rights Practices - 2002") [#11840], [ID 3028]
"Although prison conditions were harsh and medical treatment was inadequate, according to domestic human rights NGOs, prison conditions continued to improve during the year. Some facilities were less overcrowded, food was better prepared, prisoners' rights were codified in writing and displayed throughout the prisons, and a special tuberculosis hospital was operational in October. In October 2001, responsibility for prisons was transferred from the Ministry of Internal Affairs to the Ministry of Justice. Physical abuse by guards and other prisoners continued to be a problem. During the year, 11 prisoners died in prison of natural causes. Since a prison visit in 2000, the Commission on Human Rights has been instrumental in improving the conditions in the main prison in Gyumri. For example, inmates were able to receive toiletries from family members and were allowed to engage in activities and hobbies, such as sewing and writing. During the year, the Commission continued to monitor prison conditions and mentioned the need for further improvements in management and respect for prisoners' rights.
Men and women were held separately, and juveniles were held separately from adults. Convicted criminals and pretrial detainees were held in different facilities.
The Government permitted domestic human rights NGOs to visit prisons; however, they do not have access to pretrial detention facilities. During the year, the Helsinki Association received permission from the Justice Ministry to conduct monitoring of the penitentiary system, including prison conditions and prisoners' rights but not pretrial detention facilities. In some cases, domestic NGOs still complained of complicated and time-consuming procedures in order to obtain permits for visits; however, permission for visits by international observers, such as those from the Council of Europe, was granted more easily. During the year, several domestic NGOs monitored prison conditions. The ICRC had free access to detention facilities run by the Ministry of Interior. In these facilities, the ICRC was able to visit any prisoner in whom it had an interest, whether housed in prisons or in local police stations. The ICRC also had free and regular access to the remaining prisoners of war (POWs) from the Nagorno-Karabakh conflict in the prison of the Ministry of National Security, in military police stations, and in Nagorno-Karabakh (see Section 1.d.)."
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10.2002 - Source: Schweizerische Flüchtlingshilfe
Inhuman conditions in prisons ("Analysen und Hintergründe ") [#10328], [ID 3029]
"Ende des Jahres 1999 befanden sich 6.800 Menschen in Armenien im Strafvollzug; fast alle lebten unter inhumanen Bedingungen, darunter auch weibliche Häftlinge sowie deren in Haft geborene Kinder. Entsprechend den Empfehlungen der PACE wurde das Strafvollzugswesen am 1. Oktober 2001 aus der Zuständigkeit des Innenministeriums in das des Justizministeriums überstellt. Die Regierung bewilligte ausserdem etwa 300.000 EUR für den Bau eines Krankenhauses zur Behandlung tuberkulosekranker Häftlinge; TBC ist, wie in allen Gefängnissen ehemaliger Sowjetrepubliken auch in Armenien infolge der Überbelegung von Vollzugsanstalten besonders verbreitet. Ende des Jahres 2001 betrug die Zahl tuberkulosekranker Gefängnisinsassen offiziell 4.000, wobei armenische Menschenrechtsorganisationen von einer höheren Zahl ausgehen. Die Regierung duldet, dass armenische Menschenrechtsorganisationen Gefängnisse besuchen, nicht aber Besuche der Untersuchungshäftlinge. Dank des Einsatzes der Menschenrechtsorganisationen haben sich die Qualität der Nahrung und die Überbelegung geringfügig gebessert. Gleichwohl bleiben die Haftbedingungen weiterhin unzulänglich. Eine Überprüfung des kalten, schmutzigen und baulich unzulänglichen Zentralgefängnisses von Gjumri durch die Menschenrechtskommission des Präsidenten erbrachte "schockierende" Verhältnisse; an die Kommission gerichtete Beschwerden von Häftlingen waren abgefangen worden. Seither konnte die Kommission Verbesserungen durchsetzen (Verwandte durften den Insassen Hygieneartikel senden, Nähen und Schreiben als Freizeitbeschäftigung wurden zugelassen). Die gültigen Bestimmungen für die Untersuchungshaft (1968) lassen den Besuch und die Korrespondenz mit Verwandten zu (Art. 12 und 13), sind aber den wenigsten Häftlingen bekannt; nur nach Bestechung wird den meisten Häftlingen der Briefwechsel erlaubt. Für das Berichtsjahr 2001 wurden 27 Todesfälle in Haft und Polizeigewahrsam gemeldet; davon starben 18 Personen im Gefängnis, während die übrigen Todesfälle Personen betrafen, die auf Bewährung entlassen worden waren."
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