A summary of the rapid response visits and the monitoring conducted by the Office of the Human Rights Defender on 30.05.2022
The incidents that took place during the assemblies held on 30.05.2022, the apprehending of persons as a result of them, the guarantee of citizens' rights in the Police stations, both in the past and now, are in the center of attention and monitoring of the Human Rights Defender.
On 30.05.2022, the rapid response groups of the Office of the Human Rights Defender visited 6 Police stations in Yerevan and provided assistance for realization of the rights of about 100 persons.
As a result of the conducted rapid response and monitoring of the publications of mass media outlets, the following was registered:
1. In a number of cases, the physical force used by Police servicemen during apprehending of persons was obviously disproportionate and not conditioned by the need to detain a person. There are numerous recorded cases of brutal physical force being used against persons when the person was actually in the hands of a Police serviceman, and compared to the previous days, there were obviously more persons who received various types of bodily injuries during apprehending: from bruises and various scratches to fractures. In the Police stations, the issue of being hit on the head with different intensities by Police servicemen was widely raised by citizens.
The Human Rights Defender warns again that the use of blatant disproportionate force by a Police serviceman, which is not conditioned by the need to apprehend, is inadmissible and unacceptable in any case.
Police servicemen should refrain from using force in cases where the person is already under the control of the Police. Every case of blatant disproportionate use of physical force must immediately receive a proper legal assessment and the sinners must be brought to justice in order to exclude the continuity of such cases.
2. At the same time, the Defender registered cases of bodily injuries of various severity inflicted on Police servicemen by the participants of assembly, which is strongly condemnable and illegal. The implementation of a peaceful assembly is a fundamental human right and democratic process, where all participants should obey to the rules of the democratic game.
3. As a result of the monitoring, cases were registered when Police servicemen used physical force against the deputies of the National Assembly of Armenia, including damaging their clothes, pushing and suffocating them, etc. The Defender considers inadmissible the use of physical force against deputies in these cases, especially considering that they cannot be arrested or deprived of their liberty (except when they are committing a crime or immediately after that). In this case, the physical force used against the deputies cannot be substantiated by the ground of using the minimum force necessary to apprehend them. Thus, the police servicemen should exclude these cases and act exclusively within the law.
Moreover, the monitoring conducted by the Human Rights Defender in the previous days demonstrates that the cooperation of the Police with the deputies participating in the assemblies guarantees its peaceful course. Therefore, the Defender calls on the deputies leading the protests to continue the practice of the previous days of cooperation with the police.
4. During the rapid response visits conducted to the Police stations, the issue of the legality of apprehending persons while using special methods (use of handcuffs) was raised.
Firstly, in this regard, the Defender notes that when choosing the special method for apprehending persons, Police servicemen should be guided by the specific situation, the nature of the offence, and the offender.
In this situation, when the peaceful nature of the assembly was significantly threatened by the apparent actions of attacking the guarded building of the state institution by the protestors, the use of special measures (handcuffs) by Police servicemen was justified.
At the same time, during every case the use of special measures by Police servicemen should pursue a legitimate aim, to ensure control over the future actions of the persons, and to prevent the possible attempt of escape by persons who have committed an offense.
5. During the rapid response visits that were conducted, cases were registered where cases were reported in which persons were not informed of the ground and legal basis of their detention for 2 hours after the apprehension. In certain cases, persons were deprived of realizing their minimum rights, including the right to make a telephone call, the right to be informed of the gerunds of their apprehending, etc.
The Defender notes that Police servicemen should in every case notify the appended persons the ground for their apprehending, should present to them their minimum rights, and guarantee their unrestricted realization. Another approach to this issue is inadmissible and unacceptable.
6. Due to the monitoring of media publications, a case of lying citizens on the ground in one of the buildings guarded by police officers (presumably at the entrance 3 of the Government House) was recorded using special means (handcuffs).
7. The Defender once again calls on individuals to exercise their right to freedom of assembly through peaceful means and to refrain from provocations that endanger the peaceful process of the assembly.
8. In all registered cases, the Human Rights Defender will apply to the competent authorities with a request to conduct a detailed, comprehensive investigation, as well as she will follow up on their process.
Հայերեն
