There are such a wide array of choices of non-custodial deterrents in the law as alternatives to detention. Moreover, the new Code of Criminal Procedure is even modified, in that, it provides for the possibility of applying several preventive measures in combination at the same time.
The lawyers offered those options to the court, starting from administrative control and bail, to even house arrest. Added to all this is the issue of health condition(s) to be taken into account, so as not to make it worse with detention.
Detention is a measure of last resort, not a primary option. It is also for this reason that the power of the prosecutor to cancel the court’s decision on detention is fixed, and the course of court proceedings does not depend on detention.
The decision of a court of a legal state or even a law enforcement body cannot ignore moral values, particularly to such a degree.
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After all, we are talking about a woman who lost her son for the sacred cause of protecting the Motherland, who after the loss of her son has never been able to get answers to her questions from the state, and for raising a voice of protest, she is taken into custody from Yerablur in an openly humiliating manner, and no official is held responsible for it, and then it appears in court battles on the conscious initiative of that state.
In addition to this, the arrest and detention in the current situation further contributes to the growth of hate speech and tension in society, and contributes to an atmosphere of divisiveness for our people.
Let no one overlook the bitter insults to the parents of the soldiers who died heroically for the Homeland, the dishonor of the memory of the fallen servicemen from real and fake pages, and the violation of the fundamental guarantees of the state’s strength – moral values in general.
Justice becomes monstrous and ceases to serve mankind when legal rules are not applied, moral values are ignored and artificially cut off from law.
Former RA Human Rights Defender Arman Tatoyan
