CAT/OP/ARM/1/Add.1
I. Introduction
1.
In order to receive the comments and information of the authorities with the officials
of which the SPT met during its visit to Armenia on 3-6 September 2013, the Ministry of
Justice of the Republic of Armenia (RA) translated the Subcommittee on Prevention of
Torture (SPT) Report into Armenian and sent it to the Human Rights Defender’s Office,
Police, General Prosecutors’ Office, Ministry of Education and Science, Ministry of
Healthcare, Ministry of Foreign Affairs, Ministry of Defense, Special Investigation Service,
Migration Service of Armenia, National Assembly of Armenia.
2.
The Ministry of Healthcare, Ministry of Foreign Affairs, Ministry of Defense and
Migration Service of Armenia informed that they have no comments according the Report.
The comments and information provided by the other authorities are presented below.
II. General Prosecutors Office
3.
The Head of Department Supervising Enforcement of Sentences and Other
Compulsory Measures of the RA General Prosecutor’s Office Mr. Ayvazyan informs that
RA Prosecutor General has instructed prosecutors supervising penitentiary institutions and
places of arrest of RA Police, to play more proactive role in identifying the cases of police
ill-treatment and draw up written reports on them while communicating with the
persons deprived of freedom.
4.
Information exchange between different (regional and supervising) prosecutors is
being developed, effective supervision on them is being carried out, and effective
investigation of police ill-treatment cases is guaranteed by RA Prosecutor General.
5.
In order to provide adequate guarantees of relevant human rights and freedoms
envisaged by Article 3 of European Convention on Human Rights and Fundamental
Freedoms, Article 4 of United Nations Convention Against torture and other cruel, inhuman
or degrading treatment or punishment” and Articles 16 and 17 of RA Constitution,
protection of individual, society and state from criminal encroachments, and to identify the
offender, as well as to initiate a due process of information on beating, torture and other
violent act against physical persons, according to N 4 protocol of 17.07.2013 session of RA
General Prosecutor’s Office’s board, heads of departments and divisions of RA General
Prosecutor’s Office, senior prosecutors of RA General and Military Central Prosecutor’s
Office, prosecutors of regions, Yerevan city, administrative districts of Yerevan city and
military prosecutors of garrisons have been instructed to:
• Discuss and resolve proceedings of reports on body injuries detected during medical
examination while admitting arrestees and detainees to the places of arrest and
detention, except cases of receiving body injuries related to the circumstances of
criminal case and the coincidence of mentioned injuries, in the scope of functions
envisaged in 25th Chapter of RA Criminal Procedure Code, considering reporting as
the reason for initiation of criminal prosecution and discovery of material traces of
crime and consequences of crime by investigation body, investigator, prosecutor,
court and judge in their line of duty (reasons for initiation of criminal prosecution
are envisaged by Part 3 of Article 176 of RA Criminal Procedure Code).
• Resolve proceedings of reports in the scope of preparing materials separated from
the main proceedings, making one of decisions envisaged by Article 181 of RA
Criminal Procedure Code in each occasion, or be guided by requirements of:
3