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Open Letter To Armenian President: Putting An End To Torture And Ill

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  • Open Letter To Armenian President: Putting An End To Torture And Ill

    OPEN LETTER TO ARMENIAN PRESIDENT: PUTTING AN END TO TORTURE AND ILL-TREATMENTS IN ARMENIA

    Panorama.am
    30/10/2012

    Armenia Civil Society Institute (CSI) and International Federation
    for Human Rights (FIDH) have sent a joint open letter to Armenian
    President Serzh Sargsyan, Prime Minister Tigran Sargsyan, Minister
    of Justice Hrayr Tovmasyan, Head of the Police Vladimir Gasparyan
    and Prosecutor General Agvan Hovsepyan.

    The authors of the letter call on the Armenian authorities to take
    measures aimed at implementing the recommendations of the United
    Nations Committee against Torture.

    >From words to acts: putting an end to torture and ill-treatments
    in Armenia

    Mister President,

    On 10 and 11 May 2012 the United Nations Committee against Torture
    considered the third periodic report of Armenia. A number of civil
    society organizations, including the International Federation for
    Human Rights (FIDH) together with its member organization in Armenia
    Civil Society Institute (CSI) submitted alternative reports concerning
    the compliance of the state legislation, acts and policies with the
    UN Convention against torture.

    After two days of constructive dialogue with the Armenian Delegation,
    the UN Committee adopted concluding observations whereby it expressed
    serious concerns over a number of issues. The Committee declared
    it is "seriously concerned by numerous and consistent allegations
    [...] of routine use of torture and ill-treatment of suspects in police
    custody," especially to extract confessions to be used in criminal
    proceedings as well as by military personnel. The Committee concluded
    that prompt, impartial or effective investigations and prosecutions
    are not conducted, and that consequently punishment of the perpetrators
    is not ensured and compensation to the families of the victims is not
    provided. Definition of torture in the Republic of Armenia Criminal
    Code is not in line with articles 1 and 4 of the Convention.

    The Committee also stressed that "victims and witnesses of torture and
    ill-treatment do not file complaints with the authorities because they
    fear retaliation." There is no effective mechanism to facilitate the
    submission of complaints, and to ensure in practice that complainants
    are protected against any ill-treatment, intimidation or reprisals
    as a consequence of their complaint.

    Among a number of recommendations, the UN Committee stressed that in
    the context of the current legislative reform, the Republic of Armenia
    should take "prompt and effective measures to ensure, in law and in
    practice, that all detainees are afforded all legal safeguards from
    the very outset of their deprivation of liberty." These include the
    rights to access to a lawyer, to an independent medical examination,
    to notify a relative, to be informed of their rights, and to be
    brought promptly before a judge.

    In addition, measures should be taken to ensure audio- or videotaping
    of all interrogations in police stations and detention facilities as
    a further preventive measure.

    Moreover, as the Committee recalled, under international law
    confessions obtained through torture should never be used as evidence
    in judicial proceedings. Relevant means should be taken to ensure that
    legislation concerning evidence to be adduced in judicial proceedings
    is brought in line with article 15 of the Convention and statements
    obtained by torture are not invoked as evidence in any proceedings.

    CSI and FIDH share the concerns expressed by the UN Committee. We call
    on the Armenian authorities to take measures aimed at implementing
    the recommendations without undue delay.

    Actions should be taken to duly criminalize torture, in accordance with
    the provisions of the Convention, to prevent adequately acts of torture
    and ill-treatment throughout the country, and to ensure accountability
    by promptly, thoroughly and impartially investigating all incidents
    of torture, ill-treatment and death in custody; prosecute those
    responsible; and report publicly on the outcomes of such prosecutions.

    Mister President,

    The CAT review is an occasion for the Republic of Armenia to prove
    that it stands by its international commitment to eradicate the
    practice of torture and other cruel, inhuman or degrading treatments
    on its territory. CSI and FIDH call on the Armenian authorities to
    seize this opportunity to take action by amending its legislation,
    by reforming its Criminal Procedure and Criminal Codes and by taking
    any other action necessary to bring its law and practice in line with
    international standards.

    Souhayr Belhassen, FIDH President Arman Danielyan, CSI President




    From: A. Papazian
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