The position of HCA Vanadzor on the RA Draft Law “On making an addendum to the RA Criminal Code” and RA Draft Law “On making addenda to the RA Criminal Procedure Code”

September 24, 2020

The package of draft laws on making an addendum to the RA Criminal Code and on making addenda to the RA Criminal Procedure Code was presented to the RA National Assembly.

The drafts envisage interference in the right to physical integrity. Assessing positive the establishment of direct judicial oversight over the interference with the right to physical integrity, we find that the draft must be addended with the necessary regulations to secure active guarantees of effective protection of rights.

HCA Vanadzor, inter alia, recommends

to ensure the presence of additional guarantees enshrined by the position of the European Court of Human Rights at the legislative level, in particular, to ensure the participation of a doctor during the investigation, while undergoing expertise examination or involuntary fulfilling the obligation to give patterns.

to envisage the provision of a conclusion by the doctor, before the use of physical force, on the compatibility of a person’s health state and the interference implemented,

to ensure availability of information on the nature of the interference, the methods and means applied,

to establish that interference in the right to physical integrity is implemented taking into account 1) gravity of the crime (the level of public danger of the crime, protection of other people’s rights and freedoms), 2) the nature, degree of coercion, 3) the possible risks of harm to a person’s health.