On 3 September, based on complaints addressed to the Human Rights Defender, as well as calls received by the hotline of Defender’s Office, visits to Nubarashen, Hrazdan and Yerevan-Kentron penitentiary institutions of the RA Ministry of Justice were conducted.
Private interviews were held with 14 persons deprived of their liberty and their detention conditions were examined.
The issues presented by the persons deprived of their liberty were mainly related to the possibility of reviewing their judgments, full objective and comprehensive investigation of criminal cases, medical care and early conditional release.
During the visit, persons deprived of their liberty also raised issues related to long-term visits. In particular, according to the received information, long-term visits are provided for 2 days in the Nubarashen penitentiary institution, although the legal acts regulating the sphere establish that long-term visits can be provided for up to 3 days. According to the administration of the penitentiary institution, the reason is that as a result of amendments in the RA Law on Keeping of Arrested and Detained Persons, the arrested persons also have the right to have visits lasting up to 3 days. As a result, there has been an increase in the number of long-term visitors, which creates additional problems in practice, whereas the building of the penitentiary institution is not sufficiently adapted.
While the clarification of the administration is understandable, it is unacceptable in terms of the commitments assumed by the country: the state should ensure the important right of persons deprived of their liberty to contact with the outside world and not limit it for technical reasons.
Persons deprived of their liberty raised questions about the lack of special food in penitentiary institutions for persons with medical prescription, as well as the issue of taking raw food.
In this regard, the Human Rights Defender considers it necessary to emphasize that the general ban on the admission of raw products, including vegetables in the penitentiary institution, is an obstacle to ensuring the necessary nutrition of patients deprived of their liberty. Therefore, it is important to ensure the possibility of obtaining special food, including raw food, which is essential from the point of view of preserving the health of persons deprived of their liberty.
Persons deprived of their liberty also raised the issue of bathrooms’ conditions in the penitentiary institution. Although, as a result of the discussion, the administration of the penitentiary institution expressed readiness to resolve the raised problem, which is important, however, the Human Rights Defender considers it necessary to emphasize that it is necessary to properly renovate the bathrooms and showers of persons deprived of their liberty in the penitentiary institutions.
During the visits, information was received that a number of persons deprived of their liberty applied to the interdepartmental commission for changing the detention as a measure of restraint on the basis of serious illness. However, the issuing of decision is delayed, as a result of which, according to them, they continue to remain detained with mental health issues, that are incompatible with the detention.
In this regard, the Human Rights Defender records that it still remains relevant to establish timing for applying to the above-mentioned commission, as well as for consideration of cases and issuing a decision. Therefore, it is necessary to clarify the working procedures of medical commissions on release from custody on the basis of serious illness and their interrelation.
It is noteworthy, that the above-mentioned issues, including issues of dietary nutrition, renovation of bathrooms and the effectiveness of the relevant interdepartmental commissions, have been repeatedly raised by the Human Rights Defender, and with concrete recommendations have been presented in annual reports.
These issues are under the Human Rights Defender’s attention and necessary measures will be undertaken within the Defender’s mandate to facilitate their solution.
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