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

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Concerning the point 12 of the reportAny case of cruel, disrespectful attitude or treatment, especially torture andinhuman or degrading treatment of citizens committed by the Police servicemenbecomes the subject of wide discussions in the Police of RA and guilty persons aresubjected to strict disciplinary liability.Thus, during 2010 81 complaints (245 complaints were received in 2009) oncruel, disrespectful, degrading attitude towards citizens committed by the Policeservicemen were received, 19 of the mentioned complaints (37 complaints wereestablished in 2009) were proved by the examining. As a result of made serviceexaminations 23 police servicemen were subjected to disciplinary liability (51 policeservicemen were subjected to disciplinary liability in 2009), 4 police servicemen weresubjected to criminal liability (2 police servicemen were subjected to criminal liabilityin 2009). By the way, 1 police serviceman called for criminal liability was sentenced toimprisonment, 1 policeman to detention, and for 2 policemen conditional sentencewith trial period were applied.As to the wide-ranging operative preventive measure of bringing to Police 53persons participated in criminal “clarification” in Nor Nork administrative district,Yerevan City, there were appropriate insignias on uniforms of servicemen of thePolice units participated in above mentioned operation (see photos of 17.04.2010uploaded on www.a1plus.am). By the way, 13 firearms, 8 cold steels and notableamount of ammunition were seized from the brought persons.In order to ensure the application of identification numbers on uniforms of thePolice servicemen protecting the public order, an appropriate addition has been madeto the Article 12 of the Law of RA “On Police” and the Order #34-Ագ has beensigned by the Head of Police of the Republic of Armenia on 23.03.2011, by which theapplication procedure of identification numbers for Police servicemen has beenestablished.Concerning the point 13 of the reportAs a result of service examination made by the Police of RA regarding the fact ofdeath Vahan Khalafyan at Charentzavan Police Division, 6 police servicemen (includinghead of police division) were subjected to strict disciplinary liabilty, 4 of them tocriminal liability as well. Damning verdict with respect to 2 former police servicemen
was brought in by the court of first instance, which was then appealed against andpresently the criminal case is under the jurisdiction of the Court of Appeal.Concerning the point 14 of the reportSee the considerations of the Police of the Republic of Armenia concerning thepoints 10 and 12 of the report.Concerning the point 15 of the reportAccording to amendment to the Law of RA ”On Police” dated 22.12.2010, aPolice serviceman is obliged to report without delay to a higher police authority allcases of injuries or death occured in result of applying (using) of physical force,special means or firearms; the same applies to any case of using special means(excepting handcuffs and rubber baton) and applying (using) firearms.The use of physical force, special means and firearmes in cases forbidden by thelaw or their use with exceeding self-defense limits by a Police serviceman entails theresponsibility defined by the law. The chief of a Police authority immediately reports tothe prosecutor all cases of injuries or death in the result of applying (using) physicalforce, special means or firearms by policemen.Concerning the point 16 of the reportChanges and additions have been made to the Law of RA “On Police” on22.12.2010 concerning the use of speacial means, including electric stun devices. Inpaticular, it has been forbidden to involve in Police equipment types of special means,which can, by their tactical technical specifications, cause serious damage to health orarise irreversible changes in human organism or death or may act as an unfound risksource. In addition, the responsibility to set addmissible standards for using specialmeans are assigned by law to the Ministry of Health. The grounds for use of electricstun devices and spark-gaps have been also fixed by the law (see the p.p. of 1-4, part1, Article 31 of the Law of RA ”On Police”).The special means have been involved in Police equipment in conformity with the2nd para of the Basic Principles on the Use of Force and Firearms by LawEnforcement Officials, according to which law enforcement agencies will possess suchtypes of police equipment which are non-lethal, exceptionally have neutralizing
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Strasbourg, 1 December 2010SecretCP
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- 3 -D. Prison Service establishmen
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- 5 -Copy of the letter transmittin
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- 7 -B. Establishments visited3. Th
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- 9 -6. As emphasised by the CPT in
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- 11 -II.FACTS FOUND DURING THE VIS
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- 13 -13. The case of Vahan KHALAFY
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- 15 -In the CPT’s view, professi
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- 17 -All these steps permitted the
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- 19 -In order for the Committee to
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- 21 -33. With respect to the right
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- 23 -38. The CPT is pleased to not
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- 25 -B. Military establishments1.
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- 27 -The CPT trusts that the Armen
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- 29 -55. In the light of the above
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- 31 -D. Prison Service establishme
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- 33 -65. In the establishments vis
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- 35 -71. At Yerevan-Kentron Prison
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- 37 -4. Foreign prisoners75. Durin
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- 39 -83. In the CPT’s view, the
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- 41 -Further, the Committee recomm
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- 43 -6. Health carea. health-care
Page 45 and 46: - 45 -107. The CPT wishes to recall
Page 47 and 48: - 47 -e. Yerevan Prison Hospital’
Page 49 and 50: - 49 -f. suicide prevention117. Sui
Page 51 and 52: - 51 -121. The procedure contained
Page 53 and 54: - 53 -126. Several remand prisoners
Page 55 and 56: - 55 -133. The Secure Unit of Nubar
Page 57 and 58: - 57 -The CPT recommends that the A
Page 59 and 60: - 59 -6. Means of restraint144. For
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Page 63 and 64: - 63 -F. Social care homes1. Prelim
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Page 67 and 68: - 67 -The CPT recommends that the A
Page 69 and 70: - 69 -APPENDIX ILIST OF THE CPT'S R
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Page 77 and 78: - 77 -comments- the CPT trusts that
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Page 83 and 84: - 83 -comments- the CPT trusts that
Page 85 and 86: - 85 -requests for information- cla
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Page 89 and 90: - 89 -Social care homesIll-treatmen
Page 91 and 92: - 91 -comments- the Armenian author
Page 93 and 94: - 93 -B. OTHER AUTHORITIESProsecuto
Page 95: Instruction #Ց-2 dated 29.01.2009
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Page 101 and 102: The right of inerrogation of a witn
Page 103 and 104: The departmental network is being i
Page 105 and 106: Respective measures have been taken
Page 107 and 108: Review of criteria for serving the
Page 109 and 110: In cases of non-performance of the
Page 111 and 112: mentioned establishment does not pr
Page 113 and 114: The problem of overcrowding exists
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Page 117 and 118: facilities, closed, semi-closed and
Page 119 and 120: causes certain difficulties in prov
Page 121 and 122: Medical units of penitentiary estab
Page 123 and 124: appropriate, sentenced prisoners ar
Page 125 and 126: Armenia; pursuant to the Decision o
Page 127 and 128: In connection with paragraph 122 of
Page 129 and 130: liable in the manner prescribed by
Page 131 and 132: esidents by the staff is punishable
Page 133 and 134: Order of the residents’ admission
Page 135 and 136: Termination of“Erebouni”functio
Page 137 and 138: հոդվածի համաձայն, ք
Page 139 and 140: Հասարակական կարգի
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Page 145 and 146: ՀՀ կառավարության 05.
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ոստիկանության անձն
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ՈՒսումնասիրելով այ
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դատապարտյալներ, ին
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Զեկույցի 69-րդ և 70-րդ
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տեսակցությունների
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Ինչ վերաբերվում է հ
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զբոսանքի կազմակերպ
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լոգանք ընդունելու
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ՀՀ ԱՆ ՔԿՎ բժշկական
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կանոնները, հիվանդն
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դատապարտյալը կատար
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ծառայության կալանա
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• ՀՀ ԱՆ հրավերով Ֆր
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Բնակելի մակերեսով
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Հարազատների հետ կա
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ՀՀարդարադատության
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ՙՎարդաշեն՚Գործուն
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