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Report to the Armenian Government on the Visit to Armenia

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Report to the Armenian Government on the Visit to Armenia CPT/Inf (2010) 7 Report to the Armenian Government on the visit to Armenia carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 15 to 17 March 2008 The Armenian Government has requested the publication of this report and of its response. The Government’s response is set out in document CPT/Inf (2010) 8. Strasbourg, 19 March 2010 - 3 - CONTENTS Copy of the letter transmitting the CPT's report............................................................................ 5 I. INTRODUCTION ....................................................................................................................7 II. FACTS FOUND DURING THE VISIT AND ACTION PROPOSED.............................. 11 1. Preliminary remarks........................................................................................................ 11 2. Torture and other forms of physical ill-treatment........................................................... 12 3. Safeguards against the ill-treatment of persons deprived of their liberty ....................... 18 4. Conditions of detention................................................................................................... 20 APPENDIX I: LIST OF THE CPT’S RECOMMENDATIONS, COMMENTS AND REQUESTS FOR INFORMATION .......................................................... 23 APPENDIX II: LIST OF THE NATIONAL AUTHORITIES AND NON-GOVERNMENTAL ORGANISATIONS WITH WHICH THE CPT’S DELEGATION HELD CONSULTATIONS ................................ 27 - 5 - Copy of the letter transmitting the CPT's report Permanent Representation of Armenia to the Council of Europe 40 allée de la Robertsau 67000 Strasbourg Strasbourg, 22 July 2008 Dear Sirs In pursuance of Article 10, paragraph 1, of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, I enclose herewith the report to the Armenian Government drawn up by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) after its visit to Armenia from 15 to 17 March 2008. The report was adopted by the CPT at its 66th meeting, held from 7 to 11 July 2008. The various recommendations, comments and requests for information formulated by the CPT are listed in Appendix I. As regards more particularly the CPT’s recommendations, having regard to Article 10 of the Convention, the Committee requests the Armenian authorities to provide within three months a response giving a full account of action taken to implement them. The CPT trusts that it will also be possible for the Armenian authorities to provide, in the requested response, reactions to the comments formulated in this report which are listed in Appendix I as well as replies to the requests for information made. The CPT would ask, in the event of the response being forwarded in the Armenian language, that it be accompanied by an English or French translation. It would be most helpful if the Armenian authorities could provide a copy of the response in a computer-readable form. I am at your entire disposal if you have any questions concerning either the CPT's visit report or the future procedure. Yours faithfully Mauro PALMA President of the European Committee for the prevention of torture and inhuman or degrading treatment or punishment Copy: Mr Nikolay ARUSTAMYAN, Deputy Minister of Justice - 7 - I. INTRODUCTION 1. In pursuance of Article 7 of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter referred to as “the Convention”), a delegation of the CPT visited Armenia from 15 to 17 March 2008. The visit was one which appeared to the Committee “to be required in the circumstances” (cf. Article 7, paragraph 1, of the Convention), and was the fourth visit to Armenia to be carried out by the CPT.1 2. The visit was carried out by the following members of the CPT: - Marc NEVE (Head of delegation) - Ivan JANKOVIC - George TUGUSHI who were supported by Petya NESTOROVA (Head of Division) of the CPT’s Secretariat. They were assisted by: - Derrick POUNDER, Professor of forensic medicine, University of Dundee, United Kingdom (expert) - Artashes DARBINYAN (interpreter) - Anahit MESROPIAN (interpreter) - Levon SHAHZADEYAN (interpreter). 3. The main purpose of the visit was to examine the treatment of persons detained in relation to events which followed the Presidential election of 19 February 2008. In the aftermath of the election, on 1 March 2008, a police operation took place aimed at dispersing opposition rallies in Yerevan. The CPT subsequently received numerous reports from various sources according to which dozens of persons had been arrested in the course of and following that operation, hundreds had been injured and a number had been killed as a result of the violent clashes between the police and demonstrators. According to those reports, law enforcement officials frequently used excessive force at the time of apprehension, and concern was expressed about the fate of those taken into detention. The declaration of a state of emergency by the President of Armenia in the late evening of 1 March 2008, for a period of 20 days, which introduced, inter alia, restrictions on the media and temporarily suspended certain activities of political parties and NGOs, also provoked fears of an information vacuum. 1 The reports on the three previous visits, in 2002, 2004 and 2006, have been made public at the request of the Armenian authorities, together with their responses (see CPT/Inf (2004) 25, CPT/Inf (2004) 26, CPT/Inf (2004) 27, CPT/Inf (2006) 38, CPT/Inf (2006) 39, CPT/Inf (2007) 47 and CPT/Inf (2007) 48). - 8 - By letter of 5 March 2008, the CPT invoked Rule 30 (1) of its Rules of Procedure2 and requested the Armenian authorities to provide a full list of the persons detained in connection with the events of 1 March 2008, with an indication of the establishments in which they were being held, and information on the state of health of each of the persons concerned, including any injuries which they may have sustained. The CPT also asked for information on the persons who had died in the course of the above-mentioned events and on any inquiries initiated into these deaths. 4. By letter of 11 March 2008, the Armenian authorities provided the requested information. According to it, as of 10 March 2008, 53 persons detained in connection with the events of 1 March 2008 had been remanded in custody, and 16 were still being detained by the police. It was stated that all the detained persons were in good health and had not sustained any injuries. According to the Prosecutor General’s office, the detention measure had been used exclusively in respect of organisers of rallies in violation of the prescribed order and persons who had taken actions aimed at seizing power and who had used violence against representatives of law-enforcement bodies. All the detained persons were being prosecuted for criminal offences under the Armenian Criminal Code. Further, it was indicated that eight persons (including one police officer) had died as a result of the events of 1 March 2008.3 In addition, an official account of the events of 1 and 2 March 2008 was provided. Further information was provided by letter of 13 March 2008, including a list of persons detained as a result of the events of 1 March 2008. According to that list, as of 9 March 2008, a total of 73 persons had been remanded in custody; of them, 50 were being held at Nubarashen, 14 at Yerevan-Kentron, 7 at Vardashen, and 2 at Vanadzor Prisons. An additional 8 persons had been detained before 1 March (two of them on 24 February 2008, for resistance against law-enforcement staff, and six on 26 February, for the illegal possession of arms). Further, it was stated that those persons who had participated in the mass disturbances and had suffered bodily injuries had been treated at health institutions; detailed information on these injuries was available at the prisons where they had undergone an obligatory medical examination upon admission. It was also stressed that no unacceptable methods had been used against persons detained during their interrogation; in particular, none of them had been tortured or treated in an inhuman or degrading manner. 5. The information provided by the Armenian authorities failed to remove the Committee’s concerns. Indeed, in the meantime, the CPT continued to receive disturbing reports from different sources regarding the treatment of persons remanded in custody on charges related to the post- election events. In the light of the above, the Committee decided that a delegation should visit Armenia in order to obtain information on the spot as regards the situation of persons detained in connection with the post-election events and the use of force during the police operation on 1 March 2008. 2 Rule 30 (1) reads as follows: “Before deciding on a particular visit, the Committee or, if appropriate, the Bureau may request information or explanations as regards the general situation in the State concerned, as regards a given place, or as regards an isolated case concerning which it has received reports.” 3 At the time of drafting this report, the number of persons who died as a result of injuries received in the course of the disturbances on 1 March 2008 has reached 10 (including 2 police officers). - 9 - 6. In the course of the visit, the CPT’s delegation visited the following places of detention with a view to interviewing persons detained
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