In
October 2024 the representatives of the Department for Prevention of Torture
and Ill-Treatment (National Preventive Mechanism) of the Human Rights
Defender’s Office, on the instructions of the Defender, conducted an
unannounced two-day monitoring visit to the "Nubarashen" Penitentiary
Institution of the Ministry of Justice.
During
the visit, among other things, the study focused on the condition of ensuring
food, medical care, and services for persons deprived of liberty in the
penitentiary institution, the staffing and working conditions of penitentiary
staff representatives, the connection of persons deprived of liberty with the
outside world, issues related to psychological work and resocialization, etc.
Problems
were identified, some of which are systemic.
Specifically:
• In
some cells of the penitentiary institution, the minimum living space allocated
to persons deprived of liberty was not maintained; for instance, in a cell with
an area of 25 sq.m. (including the restroom), 8 persons deprived of liberty
were held.
• Unsatisfactory
detention conditions were recorded; certain cells were not equipped with the
necessary furniture stipulated by law to organize a proper and dignified living
environment, such as benches and tables.
• Video
and audio recording systems were absent in the buildings, which are important
for preventing torture and ill-treatment and ensuring safety.
• In
certain cells, convicts and detainees were held together, violating the legal
requirement to separate convicts from detainees.
• A
number of persons deprived of liberty were held in solitary confinement for
extended periods (up to several years) without a separate or isolated detention
decision being made, in violation of the legal procedure.
• Issues
related to emergency medical care and service were identified: in cases of
emergency medical calls, the ambulance service did not enter the residential
area of the penitentiary, which, in situations of health deterioration, led to
other individuals (even at the expense of their nighttime rest), without adequate
medical knowledge or preparation, lowering the person on a stretcher to a
designated room in the registration department.
• Problems
related to the initial medical examination of newly admitted persons deprived
of liberty were identified: specifically, examinations continued to be
conducted inadequately, with no comprehensive medical examinations being
carried out. These were conducted in “boxes” at the penitentiary registration
point, which were not sufficiently equipped for medical examinations. Moreover,
the only item in these rooms was a narrow, long, wall-mounted iron bench, which
could not serve as a medical couch.
• Medical
examinations of more than one newly admitted person deprived of liberty were
conducted simultaneously.
• Initial
medical examinations were only conducted upon the first admission to the
penitentiary institution, while in other cases, such as when a person was
transferred to court or participated in procedural or evidentiary activities,
medical examinations were not conducted upon their return to the institution.
• The
register of initial medical examinations contained erasures, corrections, and
omissions.
• Problems
related to the proper storage of medications were identified, including expired
medications and medical supplies.
• Non-medical
staff of the penitentiary institution directly participated in the organization
of the medical treatment of persons deprived of liberty, gaining access to
information considered as medical confidentiality.
• Problems
related to ensuring the labor rights of persons deprived of liberty were
identified, specifically that their employment contracts did not include job
titles or the scope of their duties, which could lead to unequal distribution
of work and differentiated treatment among persons deprived of liberty.
• In
some cases, due to the workload, persons deprived of liberty performed overtime
work in violation of the procedures established by the Labor Code of the
Republic of Armenia.
• According
to received information, penitentiary staff, in some cases, assisted in
concealing violations of the law, including crimes committed within the
institution, by persuading and convincing persons deprived of liberty not to
report incidents related to internal institutional relations. In certain cases,
reports of crimes by persons deprived of liberty were simply not forwarded to
the competent authorities.
• According
to received information, disciplinary measures not prescribed by law were
applied to persons deprived of liberty in cases of violations of the internal
regulations, specifically by transferring them at night to isolated cells
(boxes) in the registration department, which were generally unequipped with
furniture, resulting in individuals sleeping on the concrete floor.
• Decisions
to apply disciplinary measures were not properly substantiated, and
justifications for the duration of the imposed disciplinary measures were
absent, which could lead to differentiated approaches to similar actions.
• According
to received information, differentiated treatment is shown towards persons
deprived of liberty in the penitentiary institution. Specifically, certain
categories of individuals were segregated from the general population and
subjected to discriminatory treatment in terms of both attitude and the exercise
of their rights. This included prohibiting them from using items intended for
common use, such as gym equipment, classrooms, and visitation rooms.
• Problems
were identified with ensuring the opportunity for outdoor walks: specifically,
walking areas were located on the roof and the second floor of the institution,
creating insurmountable difficulties for individuals with mobility issues.
• Exercise
equipment and facilities were absent in the walking yards.
• It
was noted that the only gym in the penitentiary institution was allocated for
individuals sentenced to life imprisonment, while other persons deprived of
liberty were denied access to it.
• Problems
were identified related to the working relations and conditions of medical
staff and representatives of the penitentiary administration.
The
representatives of the Defender discussed the aforementioned issues with the
administration of the penitentiary institution and the medical staff of the
“Nubarashen” subdivision of the “Penitentiary Medicine Center” SNCO.
The
issues will be summarized, and a document reflecting these problems, along with
recommendations for their resolution, will be presented to the competent
authorities in the field.
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