During
the period spanning from September 19 to 26, the Rapid Response Groups of the
Human Rights Defender's office conducted visits to various law enforcement
entities, including Police Departments, detention centers in Yerevan, the
Investigative Committee of the Republic of Armenia, as well as the
"Nubarashen" and "Abovyan" penitentiary institutions under
the Ministry of Justice. Concurrently, representatives of the Defender visited
several medical institutions.
During
the mentioned period, the representatives of the Human Rights Defender held
private conversations with more than 350 persons deprived of their liberty in
the above-mentioned bodies, the grounds for depriving them of liberty, the
state of ensuring their rights were studied, and the rights of the persons deprived
of liberty were clarified.
With
the support of the Defender, in a number of cases, as a result of cooperation
with the competent authorities, the access of lawyers to various police
departments and investigative bodies was ensured in order to protect the rights
of persons, and in necessary situations, the exercise of the right to medical
assistance, the right to call, etc. was guaranteed.
The
Defender specifically emphasizes that the fundamental right to freedom of
assembly refers to peaceful assemblies. Guaranteeing the peaceful nature of
assemblies is the responsibility of the state. At the same time, it is crucial
that the participants of the assemblies, in turn, ensure the peaceful course of
the assembly, exercise restraint and comply with the requirements set by law.
As a
result of rapid response visits as well as investigation of received complaints
and monitoring of media publications, among other systemic problems, the Office
of the Human Rights Defender has recorded that in a number of cases, the
physical force used by police officers when detaining people was apparently disproportionate
and not conditioned by the need to take the person into custody.
There
are many recorded cases when apparently rough physical force was applied to
people when the person was actually in the hands of a police officer. In
addition, cases were recorded when persons received various types of physical
injuries during the detention.
The
Human Rights Defender emphasizes again that the use of disproportionate force
by the police officer is inadmissible and unacceptable under any circumstances.
Police
officers must refrain from using force, especially in cases where a person is
already under police surveillance and there are no other grounds for using
force, defined by law. Each case of the use of disproportionate physical force
must be immediately and properly assessed in order to prevent the continuation
of such cases. In all recorded cases, the Human Rights Defender will apply to
the competent authorities with the request to carry out a detailed and
comprehensive investigation, and will also pursue their further course.
In
addition, as a result of the conducted monitoring, a case was recorded when
police officers used physical force against the member of Parliament of the RA.
The latter was detained and then released.
It
should be noted that a Member of Parliament cannot be deprived of liberty
without the consent of the National Assembly, except in cases where they are
caught at the time of committing a crime or immediately thereafter. Therefore,
it is obvious that the existence of the mentioned practice gives rise to
concerns. The defender emphasizes that it is necessary to introduce a serious
toolkit in order to guarantee the exclusion of the aforementioned practice.
At
the same time, the Human Rights Defender recorded cases of physical injuries
inflicted on police officers by the participants of the gathering, which is
also strictly condemnable. Peaceful assembly is a fundamental human right and a
component of the democratic process.
Therefore,
all participants of that process must obey democratic principles and rules
Guaranteeing
the peaceful course of the assembly by the participants, implies compliance
with the requirements set by the legislation. It refers to abstaining from
violence, calls for violence, and manifestations of hate speech during the
assembly. These days, the monitoring of the Human Rights Defender's office
proves that during the assembly, such behavior was observed by the
participants, which is unacceptable and reprehensible regarding the requirement
to guarantee the peaceful course of the assembly. The Defender once again urges
the competent state authorities and the participants of the assemblies to
ensure the peaceful course of it.
We
inform you that the Office of the Human Rights Defender continues to operate in
an emergency mode, conducting monitoring and examinations, as well as
implementing the tools available within the mandate of the Defender in relation
to the realization of the right to freedom of assembly.
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