The
issues raised by the monitoring by the Human Rights Defender of the
sanitary-hygienic conditions of the temporary detention cells of the Artashat,
Aparan, Gyumri and Maralik residences of the courts of first instance in
Artashat and Shirak, and the proposals of their solution have been summarized
and sent to Supreme Judicial Council of Armenia.
During
the unannounced visit on 23 July 2006 to the places for temporary detention in
the above-mentioned courts by the Human Rights Defender of Armenia as a
National Prevention Mechanism the following main issues related (only) to the
conditions of detention were revealed:
• There are very unsatisfactory conditions in
the Shirak court of Gyumri.
The
cells, that are designed to detain persons deprived of their liberty, are
located in the basement of the court building, where the natural light
transmission is insufficient, and there is no artificial (electric) lighting
inside the cells at all.
Concave
holes with concrete covers serve as windows in the cells, which are equipped
with bars and have no glass covers. This is unacceptable, especially in terms
of ensuring a proper thermal regime in the cells in cold weather conditions.
During
the visit, the humidity level was high in the cells of Gyumri residence, there
were accumulations of water on the floor. There is an urgent need for repair,
taking into account also that there is no ventilation system, the floor is
temporarily covered with concrete, and the walls of the cells are cracked which
are visible.
• In
all court residences, the cell bathrooms are not completely separated from the
living area of the cell, and they do not have doors.
According
to official explanations, more than one person can be kept in a cell, which
means that this situation is especially unacceptable, first of all, in terms of
a dignified treatment of a person and the inviolability of his private life.
It is
unacceptable that all the bathrooms are of Asian type.
There
are two cells in the Ashtarak residence, whose doors are complete with open
bars, and inside those cells, the bathrooms are located in such a way that they
are clearly visible from the outside of the cell, from the corridor. This
violates the right to dignity and the right to privacy.
This
unacceptable situation with court cell bathrooms is systemic, it was also
recorded in connection with other courts (for example, Hrazdan and Abovyan
residences of the Court of First Instance of the Kotayk province) and was
reflected in the reports of the Human Rights Defender.
This
unacceptable condition of the cell bathrooms has a systemic nature; it has been
registered in other courts as well- a fact that has been reflected in the
reports of the Huma nights Defender. (for example, in the residences of Hraztan
and Abovyan residences of the court of first instance of Kotayk province)
• One
of the cells in the Ashtarak residence does not have a window, due to which the
cell does not have natural light, just as it does not provide proper
ventilation due to the lack of ventilation system in the residence.
• One
of the two cells in the Ashtarak residence does not have a sink, and in each of
the cells in Gyumri and Aparan there are sinks, but there are no water taps.
A
plastic bottle is installed in one of the cells of the Gyumri residence instead
of the sink pipe.
• There
are no hygienic items in the cells, in particular, there was no soap in the
examined cells. The sanitary paper was available only in the Aparan residence.
• All
three cells of the Maralik residence and two of the four cells of the Gyumri
residence are not equipped with benches, and there is no furniture.
• The necessary conditions for food intake for
the people deprived of their liberty was not available in any of the residence
cells.
•
Court cells and cell bathrooms are not adapted to the needs of people with
mobility problems. Moreover, since the court buildings are also not adapted for
people with mobility problems, the transfer from the cells to the courtroom is
unacceptable from the point of view of human rights and dignity.
Court
cells and cell bathrooms are not adapted to the needs of people with mobility
problems. Moreover, since the court buildings are also not adapted for people
with mobility problems, the transfer from the cells to the courtroom is
unacceptable from the point of view of human rights and dignity.
The
conditions of the cells of Maralik and Aparan residences are better, and their
sanitary-hygienic condition and light transparency are sufficient.
During
the visits, private interviews were held with the court staff and judicial
bailiffs.
One
of the problems related to the cells of the courts is the issue of the relevant
state body implementing the transfer of convicts to court, their accompaniment,
and protection, which is of a systemic nature and is a regular subject of
discussion in the reports of the Human Rights Defender with relevant proposals.
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