Since
2016, the Human Rights Defender has started a new practice of developing
jurisprudence or legal standards in decisions related to concrete cases. In
practice, these decisions of the Human Rights Defender are widely used by people
and, especially, lawyers.
Thus, on
23 March 2020, the Criminal Court of Appeal, in its decision on granting early
conditional release to the prisoner, reflected the Human Rights Defender’s
decision on the existence of the violation by reversing the act of the Court of
First Instance.
Earlier
this year, in February 2020, the Human Rights Defender’s staff recorded, while
conducting an unannounced visit the penitentiary institution, that the person
deprived of liberty had been transferred to solitary confinement for self-harm
and had been subjected to a disciplinary sanction.
Based on
this detection, investigation was initiated by the Defender, a decision on the
existence of the violation was taken.
According
to the legal standards of the Human Rights Defender, imposing a disciplinary
sanction in case of committing self-harm or suicide attempt by a person
deprived of liberty is not legitimate. This practice contradicts the
international standards and commitments of Republic of Armenia and must be
stopped immediately. This legal standard was developed within the Human Rights
Defender’s activities as NPM.
The
Human Rights Defender also noted that persons deprived of liberty who committed
a self-harm or suicide attempt should receive adequate medical, including
psychiatric and psychological support, be under the direct supervision of
penitentiary staff and personnel providing medical care and service, as well as
no disciplinary sanctions should be issued against them for committing a
self-harm or suicide attempt.
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