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Group of public observers at the detention facilities of the RA police system has recorded 30 cases in 2010 when in the places for holding arrested persons (PHAP) were held persons with  acutely contagious diseases, mental disorders and those who needed a specialized medical treatment.

According to the Paragraph 179 of the Internal Regulation of the RA Police System for detention facilities approved by the RA Government on 5 June 2008, it is prohibited to hold arrested persons of abovementioned categories in PHAP.

Based on a written report by a PHAP medical worker or an ambulance doctor and by the decision of the Head of the Police authority, such persons shall be transferred to specialized or civilian medical institutions.

Head of the RA Police Department for maintaining the Public Order Aghasy Kirakosyan and other representatives of the Police denied the fact along with the majority of violations mentioned in the 200-pages Annual Report, published by the public observers in 2010.  

The Group has published the 4th Annual report since its creation in 2006. The Report was published with the financial support of Open Society Foundations-Armenia and OSCE Yerevan Office.

Members of the Group conducted monitoring in 40 PHAP functioning on the territory of Armenia and presented the results classified by regions.

Among obvious violations recorded is the fact that only one duty officer ensures PHAP functioning which is not sufficient for providing arrested persons with everyday outdoor walks, food, acceptance of parcels, arranging visits with relatives, arranging shower and toilette.  

Although the police representatives said the law does not prescribe to provide with one medical doctor for each PHAP, the members of the Group insisted that for each PHAP at least one medical assistant should be hired. They mentioned that presence of the medical assistant in the PHAP of Yerevan was essential when one of the arrestees committed a suicide attempt. While a suicide attempt in the PHAP of one of the regions resulted in the death of the arrested person.

The Article 21 of the RA Law on Treatment of Arrested and Detained Persons states, ”If any bodily injury is detected on arrestees or detainees, the medical personnel of place or detention shall examine the arrestee or detainee immediately. During the examination the doctor, selected by the detainee or arrestee, can also participate. The Law clearly defines the necessity of “at least one medical general practitioner for PHAP”.

The members of the Group recorded that instead of 4-hours interrogation defined by the law, frequently people are interrogated during a longer hours. There were cases when person was held at the Police for up to 55 hours.

”The investigators are also trying to limit the defense lawyers from doing their job, in order to make their own work more effective”, expressed his concern the member of the Group Suren Iskandaryan.

Mr. Kirakosyan denied the fact that time limits are not respected without taking into consideration cases indicated by the human rights defenders: Bozinyans’, Stepan Hovakimyan’s cases, as well as cases of Khalafyan and Gulyan who died at the police custody. He also denied that police officers use torture because of time limits breach.

Mr. Kirakosyan stressed out that UN and different other international organizations do not criticize their work but they accept there are shortcomings. For example, there are many PHAP where the level of humidity is high; one of these PHAP in Charentsavan was closed because of that.

”Guilty police officers are imposed to penalties. In 2010 only 6 complaints were registered from 5374 arrestees and these complaints were not against the administration”, informed Mr. Kirakosyan.

Chairperson of the Helsinki Citizens’ Assembly Vanadzor Office Artur Sakunts stressed that it is logical that the police officers just move aside core issues. However, the truth is that in police stations violations against citizens are ongoing.

 “The fact that the date of arrest does not comply with the time when a person was transferred to PHAP, already raises reasonable suspect that there were illegal actions against the person. Only in Yerevan, 50 persons out of 156 had sings of injuries on their bodies. They assure that they had fallen down or hit their heads but people cannot fall down that often”, Mr. Sakunts believes. 

Mr. Sakunts suggests broadening the mandate of the Group and allowing the access to the police stations where main human rights violations take place.

Another figure raises a concern. In the certain regions the number of detainees is ten times more than the number of arrestees. For example, in 2010 in Armavir there were 816 detainees and only 154 arrestees, in Kotayk – 642 detainees and 117 arrestees, and in Gegharqunik – 433detainees and 72 arrestees.

Members of the Group also focused their attention on the issues of women and juveniles and informed that hot water is not supplied in their cells, as well as in none of the PHAP there are female officers which are essential to ensure more comfort for female arrestees. 

Three members of the Group talked about poor sanitary hygiene conditions, humidity, dirty linen (the same linen is used by different people) and about possibility of transmission of contagious diseases.

Deputy Head of the First Department of the Investigation Chief Department of the RA Police Tatul Petrosyan noticed that majority of the Group is comprised of females and said: “It is therefore logical that they are more punctilious and attentive to the situation of persons deprived of their liberty, that’s why they notice dirty linen or humidity. However, it is worthy to notice that we have buildings in the country where the level of humidity is higher than for example in Charentsavan PHAP”, justifies Mr. Petrosyan.

Deputy Head of the RA Police Department for maintaining the Public Order Karen Mehrabyan stressed out that none of the laws prescribe hot water supply, but the human rights activist Avetik Ishkhanyan recalled the UN decision, which has a status of a soft law, defining that these living conditions should be provided for children and women.

Members of the Group expressed their concern regarding the fact that only 450 AMD allowance is granted for the arrested persons which is not enough for providing three- time meal per day.

Kirakosyan said that currently there are measures taken to solve this issue and informed that a new PHAP will be build in Tavush marz and will function based on the European standards.

Human rights activists suggested to create one PHAP for each region and use financial means left from the closure of remaining 30 facilities for improvement of those PHAP.   Mr. Mehrabyan said it is not realistic because in bigger regions problems with transfer of the arrested persons will rise.

Karine Ionesyan
Source www.hra.am