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held personally responsible before the law for such acts and will be subject to criminal
prosecution and appropriate penalties.
Hazing and ill-treatment in the armed forces
9.
The Committee remains concerned by allegations that suspicious deaths continue to occur
in the Armenian Armed Forces under non-combat conditions and that the practice of hazing
and other mistreatment of conscripts by officers and fellow soldiers continues, conducted
by or with the consent, acquiescence or approval of officers or other personnel. While
noting the information provided by the delegation, the Committee remains concerned about
reports that investigations carried out into many such incidents have been inadequate or
absent, including the investigations into the deaths of Vardan Sevian, Artak Nazerian, and
Artur Hakobian. The Committee is further concerned at the reported absence of effective
investigations into allegations of abuse, such as those made against Vardan Martirosian,
and the inadequate punishments of those convicted for the abuses (arts. 2, 4, 12, 13 and 16).
The State party should reinforce measures to prohibit and eliminate hazing in the armed forces and
ensure prompt, impartial and thorough investigation of all allegations of hazing and
non-combat deaths in the military. Where evidence of hazing is found, the State party
should ensure prosecution of all incidents and appropriate punishment of the
perpetrators, make the results of those investigations public, and provide
compensation and rehabilitation for victims, including through appropriate medical
and psychological assistance.
Definition, absolute prohibition and criminalization of torture
10.
The Committee is concerned that national legislation criminalizing “torture” (article 119 of
the Criminal Code) does not conform to the definition of torture in accordance with article
1 of the Convention, and that torture, as presently defined by the State party, does not
include crimes committed by public officials, only by individuals acting in a private
capacity, with the result that no public official has ever been convicted of torture by the
State party. It is also concerned by reports that officials have closed cases of allegations of
torture on the basis of reconciliation of the defendant with the victim. It is further
concerned that current sanctions (a minimum of three years’ imprisonment, and up to seven
years’ imprisonment with aggravating circumstances) do not reflect the gravity of the
crime. Finally, it is concerned that several individuals convicted of torture or ill-treatment
under other articles of the Criminal Code have been granted amnesty (arts. 1 and 4).
While appreciating the delegation’s oral statement that it intends to amend the Criminal Code, the
Committee recommends that the State party ensure that the definition of torture is in
full conformity with articles 1 and 4 of the Convention. The State party should also
ensure that all public officials who engage in conduct that constitutes torture or
ill-treatment are charged accordingly, and that the penalty for this crime reflects the
gravity of the act of torture, as required by article 4 of the Convention. The State
party should further ensure that persons convicted of torture or other acts amounting
thereto under the Criminal Code are not subject to any statute of limitations, and that
the authorities are obligated to investigate and punish persons for such acts regardless
of assertions of reconciliation between the defendant(s) and the victim(s).
Fundamental legal safeguards
11.
Notwithstanding the safeguards provided by law, in Government Decision No. 574-N of
June 2008 and Chief of Police instruction 12-C of April 2010, and by the Court of
Cassation in its December 2009 decision in the case of G. Mikaelyan, the Committee
expresses its serious concern about reports received regarding the State party’s failure in
practice to afford all detainees all fundamental safeguards from the very outset of their de
facto deprivation of liberty, including timely access to a lawyer and a medical doctor and
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