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Council of Europe anti-torture Committee on Armenia: some progress in countering informal prisoner hierarchy, but material conditions in prisons should be urgently improved

November 13,2024 13:49

Strasbourg, 13.11.2024 – The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has published today the report on its September 2023 periodic visit to Armenia (see also the executive summary), together with the response of the Armenian authorities. The delegation examined the situation of persons deprived of their liberty by the police and the military, of persons in several prisons, the Central Prison Hospital, and in social care homes (“internats”) (*).

As for conditions in police custody, most of the persons interviewed by the delegation stated that they had been treated correctly by the police. However, the delegation gathered some allegations of recent physical ill-treatment of persons detained by the police, notably during questioning, reportedly with the aim of extracting a confession or obtaining other information. The situation with legal safeguards against ill-treatment (information on rights, notification of custody, access to a lawyer and to a doctor), had generally improved as compared to the 2019 visit, at least in part due to the entry into force of the new Criminal Procedure Code. While welcoming these positive changes, the CPT reiterates its recommendations to improve the screening for injuries at police detention facilities: police officers should not be present during medical examination, and the confidentiality of medical documentation should be strictly observed.

In what concerns the situation in prisons, the CPT delegation did not receive any allegations of physical ill-treatment by staff in the penitentiary establishments visited. The power of the informal prisoner hierarchy seems to have diminished, in part thanks to the recent criminalization of membership in prison subculture and the decision taken by the prison administration to segregate some of the most influential and least compliant “crime bosses” at Yerevan-Kentron Prison. However, inter-prisoner violence has not yet been fully eradicated, especially in Nubarashen and Artik Prisons. The CPT has recommended taking resolute steps to put an end to the informal prisoner hierarchy influence.

As for the material conditions in prisons, the ongoing comprehensive refurbishment of Abovyan Prison was a positive development, but for the rest, conditions continued to be generally very poor at Nubarashen Prison, and mediocre at best at Armavir and Artik Prisons. As a matter of priority, the authorities should proceed with the planned closing down of Nubarashen Prison, with the comprehensive refurbishment of Artik Prison, and in the meantime to reallocate prisoners from the most dilapidated cells. Living conditions in the Central Prison Hospital had further deteriorated since the 2019 visit, the whole establishment being in a state of advanced dilapidation and not befitting a healthcare facility. The Committee in its report called upon the Armenian authorities to close it as soon as possible. 

In the social care establishments, no credible allegations of physical ill-treatment of residents by staff were received; many residents spoke positively about staff, and the atmosphere appeared generally relaxed, which is especially commendable considering the challenges faced by the low numbers of staff in caring for so many residents. However, the Committee recommended increasing the range of purposeful activities, including to prepare residents for the re-integration into the community. Besides, despite its previous recommendation, the Armenian legislation still does not require that the placement of a person in a social care institution against his/her wishes be periodically reviewed by a court.

In the military detention establishments visited, no allegations of physical ill-treatment by staff were received, inter-detainee violence did not appear to be a problem, and material conditions and healthcare services were adequate.

The CPT report and the response of the authorities have been published at the request of the Government of Armenia. In their response, the Armenian authorities inform the CPT about their efforts to counter criminal sub-culture in penitentiary institutions, the steps already made and the longer-term renovation plans for prisons, as well as the initiatives to revise restrictions on the right of access to the court of persons recognised as legally incompetent.

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The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) visits places of detention in the Parties to the European Convention for the Prevention of Torture in order to assess how persons deprived of their liberty are treated with a view to strengthening, if necessary, the protection of such persons from torture and from inhuman or degrading treatment or punishment. These places include prisons, juvenile detention centres, police stations, holding centres for immigration detainees, psychiatric hospitals and social care homes. After each visit, the CPT transmits a report containing its findings and recommendations to the government concerned.

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(*) The CPT visited the following institutions: police establishments (Detention Centre of Yerevan City Police Department; Ashtarak, Gavar, Gyumri, Hrazdan, Martuni, Sevan, Talin and Vardenis Police Divisions), penitentiary establishments (Abovyan, Armavir, Artik and Nubarashen Prisons, and Central Prison Hospital), Nork Residential Care Home for the elderly and /or persons with disabilities in Yerevan and Vardenis Neuropsychiatric Residential Care Home for persons with psychiatric disorders and intellectual disabilities, as well as Disciplinary Battalions of the Military Police in Martuni and Yerevan.

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