Within the framework of the visits conducted by the rapid
response groups, it was found that a number of persons were arrested on the
basis of immediate suspicion of obstructing the administration of justice. It
was also found that there are minors among the arrested persons. During the
private interviews with the persons deprived of their liberty, the latter
raised a number of issues, some of which were resolved through discussions
between representatives of the Human Rights Defender and police officials.
At the same time, persons deprived of their liberty
expressed their disagreement regarding the legality of the arrests, including
the issue of their unjustified deprivation of liberty in the absence of any
actions aimed at interfering in the administration of justice, in their
opinion.
The Defender once again emphasizes that when depriving a
person of liberty, it is necessary to strictly observe the regulations provided
for by the Criminal Procedure Code of the Republic of Armenia and the
underlying logic of this legal institution, to be guided by the relevant legal
positions of the European Court of Human Rights and the domestic courts of the
Republic of Armenia, excluding the practice of depriving a person of liberty in
the absence of grounds.
It is concerning that minors were among the arrested
persons. In this regard, the Human Rights Defender strongly emphasizes that in
the mentioned process, the deprivation of liberty of each minor should be used
as a measure of last resort and that any action taken with them should be
carried out for the shortest possible period, taking into account their age,
vulnerability and developmental needs.
In cases of extreme necessity, when depriving minors of
their liberty, they must be immediately separated from adults, ensuring their
physical and psychological safety. Minors must be immediately given the
opportunity to contact their parents or legal representatives and to obtain
legal assistance.
After receiving written explanations from the competent
authorities on the problems raised during the visits, the Human Rights
Defender’s staff will, if necessary, make a public statement.