CPT _2010_ 82 - EN - Report Armenia 2010 _2_ - The Government ...

In cases of non-performance of the legitimate requirements of a penitentiaryofficer or in case of hindering the fulfilment of duties, the penitentiary officer has theright to use physical force, special means and weapon.With respect to the remark in the Report stating that in NubarashenPenitentiary Establishment of the Ministry of Justice of the Republic of Armenia someof the prisoners sentenced to imprisonment received baton blow, it should bementioned that no person imprisoned in penitentiary establishments is beaten.According to the Law of the Republic of Armenia “On penitentiary service", in case offailure by an inmate to execute the legitimate orders of a penitentiary officer or in caseof hindering the fulfilment of duties, the penitentiary officer has the right to usephysical force and special means. In each case of using physical force and specialmeans, a protocol is drawn up and, if necessary, medical aid is provided whereonrespective supervisory bodies are informed in a prescribed manner.In connection with paragraphs 66-68 of the Report:Relations between sentenced prisoners based on informal hierarchy constitute apractice inherited from the Soviet period, and the administration of the PenitentiaryService takes intensive measures to combat such practice. Technically equippedpenitentiary establishments to be constructed in the future and cell conditions willcontribute to the elimination of such relations and will notably limit any informalrelations among prisoners.As regards “homosexual” prisoners, their segregation is conditioned by theirown security and very often is provided upon their own request.According to Article 8 of the Penitentiary Code, the procedure for andconditions of execution of punishment apply to all sentenced prisoners irrespective oftheir gender, race, skin colour, language, political or other conviction, national andsocial origin, belonging to a national minority, birth, property or other status. Theobservance of the mentioned requirements is ensured and the interpersonal