The Human Rights Defender of Armenia Mr. Arman Tatoyan together
with the Chairman of Helsinki Committee of Armenia Mr. Avetik Ishkhanyan for
the first time submitted a joint communication to the Committee of Ministers
with regard to the execution of European Court of Human Rights judgment on
Poghosyan v. Armenia case regarding the issue of ensuring the minimal rights
for persons deprived of liberty.
Submission of communications on the execution of the European
Court of Human Rights judgments with regard to Armenia is aimed at the
effective implementation of the European Court of Human Rights standards into
the Armenian legal system.
The experience of the Defender is productive also owing to
the high-level cooperation with the Directorate General for Human Rights and
Rule of Law of the Council of Europe. The Human Rights Defender also emphasizes
the effective cooperation with the Representative of the Republic of Armenia at
the European Court of Human Rights in this regard.
Given the important work of the Helsinki Committee in
protecting the rights of persons deprived of liberty, the communication to the
Committee of Ministers of the Council of Europe was this time submitted jointly
with the Helsinki Committee of Armenia. It is also conditioned by the essential
imperative of promoting the civil society’s role.
The joint communication submitted to the Committee of
Ministers tackled several fundamental issues for the execution of the judgment,
which are related to the compliance of domestic regulations on the rights of
persons deprived of liberty with the standards of the European Court.
This, in particular, refers to
·
the right to be promptly informed about
the reasons for deprivation of liberty,
·
the right to
inform the
person of their choice about being
deprived of liberty,
·
the right to access to a lawyer,
·
the right to access to doctor,
including to a doctor of their choice,
·
the right to challenge the lawfulness
of their deprivation of liberty and the right to be released by the court if
the deprivation of liberty is not lawful.
Previously, the Human Rights Defender submitted two other
communications to the Committee of Ministers of the Council of Europe. The
communication on the execution of the European Court of Human Rights judgment
in the case of Muradyan v. Armenia
concerned
the protection of the rights of military servicemen and the communication on
Ashot Harutyunyan v. Armenia related to the right to healthcare of a person
deprived of liberty.
The
Armenian National Human Rights Institution will continue participating in the
execution of the European Court judgments in cooperation with the state
authorities and civil society partners.