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Which authority is to investigate torture cases and what should be done by the National Security Service?

December 20, 2021

Activities | Right to Freedom from Torture | Publications | News | State Institutions | Civilian Oversight and Monitoring | Legislative Proposals | Legislative Proposals and Analysis

 

HCA Vanadzor is hereby presenting observations regarding amendments proposed by the draft law “On making amendments and addenda to the RA Criminal Procedure Code”, as well as issues of investigative jurisdiction in cases supposed to be investigated by the RA national security bodies and the RA Investigative Committee, and recommendations. 

 

On October 1, HCA Vanadzor assessed as extremely negative the legislative changes made regarding investigative jurisdiction, by recording an essential setback in the protection of the right to be free from torture and an obvious intention to enhance the position of the National Security Service in law enforcement system.

 

HCA Vanadzor has, for many times, addressed the urgent need to make systemic changes to the National Security Service, making it in line with a democratic state governed by the rule of law and its implementation of only intelligence and counterintelligence activities, as well as non-transparent and illegal work of that authority’s investigators of the investigative department.

 

Once again we remind that establishment of the SIS is positively assessed both at international and national levels.

 

Thus, it is necessary to review the Government’s policy in the fight against torture and work to restore the SIS or establish a new one, which shall meet the standards of torture case investigations.

 

Recommendations: 

 

  1. Review the NSS mandate, functions and accountability established by the current legislation. The National Security Service should be clearly identified as a security service, which should be limited by collection of intelligence.

  2. Establish a new body or ensure continuation of the SIS work as an independent body investigating crimes committed by persons holding an autonomous position, as well as crimes under Article 309.1, Article 341 part 2 of the RA Criminal Code, and crimes under Article 341 part 3, if accompanied by torture.

  3. To establish as an exception the corpus delicti under Article 450 of Article 181 part 11 of the RA Criminal Procedure Code of 30 June 2021. 

 

Click here to read more (in Armenian)

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