An attorney addressed a complaint to the Human Rights Defender, informing that the communication rights of his client, detained in the “Nubarashen” penitentiary institution, had been unlawfully violated. The attorney requested assistance in lifting the restriction. At the time of the complaint, the individual was in detention. According to the attorney, after the new Criminal Procedure Code of the Republic of Armenia came into force on July 15, 2022, the investigator did not submit a motion to the court to restrict the defendant’s communication rights with other individuals when requesting an extension of detention. Consequently, the court did not address the issue and did not make a decision to restrict the defendant’s communication rights.
In response to the issue raised, the Human Rights Defender requested clarifications from the Ministry of Justice’s Penitentiary Service and the Prosecutor General’s Office.
Taking into consideration the received clarifications, the factual data underlying the complaint, and the requirements of domestic and international legal acts, the Human Rights Defender has stated that the right of the accused to communicate with others may be restricted lawfully only in one instance—when it is explicitly limited by a relevant court decision either imposing detention or extending the detention period. Such a restriction is lawful only if the investigator or prosecutor has adequately substantiated the factual circumstances, and the court has confirmed the necessity of the restriction, specifying the duration and the scope of the persons affected.
The Human Rights Defender registered that it is unacceptable and illegal to restrict the communication rights of a detainee without a court decision as required by law.
The Defender specifically emphasizes that the penitentiary institution must have verified the existence of a court decision regarding the extension of detention and the restriction of communication rights before implementing such a limitation. Therefore, the penitentiary institution, lacking the appropriate court decision, had no legal basis to arbitrarily restrict the detainee’s communication rights.
The Human Rights Defender recorded the fact of the violation of the detainee’s right to communication and made several recommendations to the relevant authorities, including the Ministry of Justice, the Penitentiary Service, and the Prosecutor General’s Office:
• ensure that in all cases where the court’s decision on detention or extension of detention does not restrict the defendant’s communication rights, the penitentiary institution cannot impose such a restriction,
• unify the practice of the Ministry of Justice’s Penitentiary Service to make it clear and predictable,
• within the framework of prosecutorial supervision, take appropriate measures to prevent similar incidents in the future.
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