0 8000 12 11

In 2016, V. A., convict at Artik penitentiary facilities, consulted Helsinki Citizens’ Assembly Vanadzor. He is involved in methadone substitution treatment program, which serves as a ground to register him as a person with addiction to drugs. Given this, the convict is deprived of his right to release on parole and replacing of his deprivation of liberty with correctional institution as a lowest level of isolation.

Based on the convict’s application, on February 16, 2016, HCA Vanadzor submitted a letter to the RA Minister of Justice stating an a opinion that the above policy on persons involved in the methadone substitution treatment program should be abandoned, which was supported by a number of factors.

In 2009, RA launched Methadone Substitution Treatment for Patients with Opioid Substance Dependence Program implemented in compliance with the Clinical Guide on Methadone Treatment of Opioid Drug Addiction, which comes to prove that in RA, methadone is used predominantly for treatment purposes.

The international practices show that methadone substitution treatment yields positive results: improved life quality of drug users, reduced dependence on illicit drugs, and finally, as a result of methadone substitution treatment, drug users may fully abandon methadone as well.

In fact, while methadone is used only for treatment purposes in this case, persons under methadone substitution treatment are viewed as drug users and subjected to the same policy as pursued towards the latter.

The Organization also referred to Para 68, Chapter 12 of the Procedure for Activity of Structural Departments Engaged in Social, Psychological and Legal Work with Detainees and Convicts approved by the RA Justice Minister’s Order № 44 dated May 30, 2008. Accordingly, the risk group includes drug users; moreover, a medical opinion based on a court judgment serves as a basis for registering a person as a person with addiction to drugs.

While the Procedure makes no differentiation among persons “with addiction to drugs”, this group might include persons involved in methadone substitution treatment program; this leads to discrimination against them.

By the letter above, the Organization applied to the RA Minister of Justice to take all the possible measures to resolve the issue.

By its response letter of February 29, 2016, the RA Ministry of Justice stated that it would consider the proposals of HCA Vanadzor while developing a new Draft Order of the RA Justice Minister on Approving the Procedure for Activity of Structural Departments Engaged in Social, Psychological and Legal Work with Detainees and Convicts.

It should be added that back on November 5, 2015, Helsinki Citizens’ Assembly Vanadzor submitted to the RA Ministry of Justice its Analysis on the Right to Release on Parole of Persons under Methadone Substitution Treatment and relevant proposals.

At the same time, HCA Vanadzor expressed its willingness to hold further discussions and provide necessary clarifications.

Only almost 2 weeks later, by its response letter of November 19, 2015, the Organizational and Legal Department of the RA Ministry of Justice stated that the Ministry was at that time developing a new Draft Order of the RA Justice Minister on Approving the Procedure for Activity of Structural Departments Engaged in Social, Psychological and Legal Work with Detainees and Convicts and the Organization’s proposals would be considered during discussion of the draft Order.

By its response letter of December 3, 2015, the Legislative Development and Legal Analyses Department of the Ministry of Justice stated that “’… currently there is no need to make any amendments to the Procedure approved by the Order” based on the proposal submitted by HCA Vanadzor.

While the agencies “discuss” the controversial issues concerning the problems of vulnerable groups, their rights remain violated and receive not real solutions.

HCA Vanadzor always focuses on the issues of drug users and will be consistent in their resolution.

Note that to protect the rights of R. Gh. illegally registered with a narcological institution, HCA Vanadzor applied to a court of law demanding to annul his registration as a drug user and relevant medical records.

On December 23, 2015, the General Jurisdiction Court of Avan and Nor-Nork administrative districts upheld the claim.