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HCA Vanadzor positions regarding the draft legal acts on detainees and arrestees

December 11, 2020

Activities | Project։ Stability of HCA Vanadzor in the light of democracy and human rights challenges in the Republic of Armenia 2020 | Publications | News | Legislative Proposals | Legislative Proposals and Analysis

On 24 November 2020, the RA Government’s draft decision “On making amendments and addenda to the Republic of Armenia Government Decree 825-N dated 26 May 2006 On Approving the Procedure of Organizing Medical-Sanitary and Medical-Preventive Assistance of Detainees and Convicts, Using the Medical Institutions of Healthcare Authorities, and Engaging Their Staff for That Purpose” was placed for public discussion. The draft is intended to ensure the recording and documentation of ill-treatment cases in penitentiary institutions.

 

HCA Vanadzor presented its position on the publicized Draft and recommended envisaging, inter alia, security guarantees in case of torture and other forms of ill-treatment, and reviewing the cases and procedure of conducting compulsory medical examination.  

 

Earlier, on 19 August 2020, the RA Ministry of Justice placed for public discussion the draft package of the RA Law and the related legal acts on making amendments and addenda to the Law “On holding detainees and arrestees”.

 

HCA Vanadzor gave a positive assessment to the regulations envisaged by the Drafts on broadening the concept of the right to health, initial medical examination when entering a penitentiary institution, exclusion of access to means that can deprive of life or harm, elimination of the practice of using the punishment cell as a disciplinary penalty for self-harm.

 

Nevertheless, in order to make these issues in line with the prison rules established by international documents, observations and recommendations were presented on certain regulations of the Drafts.

 

HCA Vanadzor, inter alia, recommended:

 

📌to envisage that isolated convicts have the same rights as other convicts by enshrining, at the same time, that a doctor and a psychologist shall visit convicts placed in isolation cell every day,

 

📌to reduce the 6-time possibility to extend the terms established by Article 3 part 2 of the Draft, by allowing to extend the terms 3 times at most, by ensuring, alongside, safeguards mitigating the negative consequences of isolation, more intensively for each case of extension, per the position invoked above;

 

📌to enshrine that the head of the penitentiary institution shall make a decision on the application immediately;

 

📌to establish that in case of a reasonable doubt that there is a threat of a person’s security, the management of the correctional institution shall take measures in order to prevent the relevant causes, including making a decision, on their initiative, to isolate the relevant person.

 

💬HCA Vanadzor position on the RA Government’s draft decision “On making amendments and addenda to the Republic of Armenia Government Decree 825-N On Approving the Procedure of Organizing Medical-Sanitary and Medical-Preventive Assistance of Detainees and Convicts, Using the Medical Institutions of Healthcare Authorities, and Engaging Their Staff for That Purpose”

 

💬HCA Vanadzor position on the RA Draft Law and the draft package of related legal acts “On making amendments and addenda to the Law “On holding detainees and arrestees””

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