CAT/OP/ARM/1/Add.1
(a)
subparagraph 3 of paragraph 1 of 08 February 2008 (Protocol № 2)
decision of RA General Prosecutor’s Office’s board (materials and criminal
cases within the competence of RA Special Investigation Service should be sent
to RA Prosecutor General by covering letter of prosecutor after finding the
subordination basis according to Article 190 of RA Criminal Procedure Code,
while other writings concerning the sent materials and criminal case should be
directly send to RA Special Investigation Service).
(b)
10 April 2008 № 20/4-116-08 instruction (materials and criminal cases
within the competence of RA Special Investigation Service should be sent to RA
Prosecutor General by covering letter of prosecutor after finding the
subordination basis according to Article 190 of RA Criminal Procedure Code,
while other writings concerning the sent materials and criminal case should be
directly send to RA Special Investigation Service).
6.
In case of those reports which have been submitted during court proceedings
according to requirement stipulated in Part 5 of Article 21 of the RA Law on “The
treatment of arrestees and detainees”, proceeding of resolving mentioned reports envisaged
by 12.02.2010 N ԵԱՔԴ/0049/01/09 precedential decision of RA Court of Cassation,
should be overseen by prosecutors who work on case excluding superficial approach by
courts to resolve the issue.
7.
According to 19.04.2011 N 20/2(3)-120-11 instruction of RA Prosecutor General,
heads of General Prosecutor’s Office’s territorial subdivisions have been instructed to:
(a)
Verify in time and proper manner legality of arrest and detention and
verify legality of treatment of arrestees at least once in a week while
supervising, as well as do unexpected check-ups also during non-working hours
and immediately release those persons who are arrested or detained without
legal grounds or without any necessity.
(b)
While exercising prosecutorial powers immediately prepare and present
to Prosecutor General a relevant report on disclosed information about use of
beating, torture or other violent act in places of arrest by inquiry and
preliminary investigation, as well as other law enforcement bodies. Relevant
necessary materials should be attached to the report.
8.
In order to advance productiveness of registering reports and resolving their
proceeding, Head of Department Supervising Enforcement of Sentences and Other
Compulsory Measures of RA General Prosecutor’s Office has presented N 17/8-36-11
petition. According to mentioned document, by his 23.03.2011 N 40/7-790 letter Head of
the Penitentiary Department of RA Ministry of Justice has instructed heads of penitentiary
institutions of RA Ministry of Justice, demanding that prosecutor exercising procedural
supervision and oversee on preliminary investigation of criminal case should also be
informed about the body injuries that detainees have received before being taken under
detention, with aim of identifying reasons why these injuries occur. Meanwhile it has been
decided to solve the issue by amending Part 5 of Article 21 of RA Law on “The treatment
of arrestees and detainees”. In this regard a relevant draft law has been prepared provided
that the mentioned Article must be supplemented with “also to prosecutor exercising
judicial supervision over the case” words.
9.
Furthermore it is expected that responsibility of administrations of places of arrest
and detention to organize and provide medical examination shall be enshrined in the law.
10.
At the same time such law requirement can serve as an additional guarantee in the
issue of the protection of rights of mentioned persons. With this aim the amendment of Part
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