A criminal case to be initiated in regard to impeding the work of the members of the observation group in penitentiary institutions
11:58, December 8, 2017 | News, Own news | Detention Facilities
During the elections to the RA National Assembly on April 2, 2017 the members of the Group of Public Observers Conducting Public Monitoring of Penitentiary Institutions and Bodies of the Ministry of Justice of the Republic of Armenia were arbitrarily denied entry to “Nubarashen” and “Kentron” penitentiary institutions.
Arman Sahakyan and Hasmik Harutyunyan, members of the observation group, visited the penitentiary institutions in order to observe the voting process and see the detainees. Finding out that pre-registration was needed to be able to observe the voting process, the observers made the decision to only exercise their authority as a public monitor of penitentiary institutions. However, they faced resistance.
Hayk Tovmasyan, the head of the Social, Psychological and Legal Affairs Department at “Nubarashen” penitentiary institution, forbade the observers to enter the custodial area, justifying his decision by saying that the road leading to it passes through the polling station, and people who are not involved in the electoral process cannot be there.
And Vardan Aghabalyan, the guard at “Kentron” penitentiary institution forbade the observers to enter the area of the penitentiary institution, justifying his action by mentioning that they were busy with the elections and therefore had no time to host observers.
Meanwhile, the staff of the penitentiary institutions has no lawful grounds to hinder the observers’ entry. Observers have the right of unimpeded entry to penitentiary institutions and bodies, except for the cases when the prosecutor has imposed a ban on visits, which was not the case in the given situation.
On the same day HCA Vanadzor submitted a report on the crime of arbitrarily impeding the work of the members of the group conducting public monitoring of penitentiary institutions.
RA Special Investigation Service Major Case Investigator N. Osyan called for explanation from the staff of the penitentiary institutions and the members of the group conducting public monitoring in penitentiary institutions. However, receiving contradictory information, N. Osyan based his decision on the explanation provided by the staff of the penitentiary institutions and refused to institute a criminal case.
HCA Vanadzor Chairperson A. Sakunts and member of the observation group Hasmik Harutyunyan appealed the invetsigator’s decision, stating that it does not emanate from factual data.
The RA Prosecutor’s Office rejected the appeal and on November 13, 2017 the Court of General Jurisdiction of Arabkir and Kanaker-Zeytun Administrative Districts decided to annul the investigator’s decision and oblige the RA Prosecutor’s Office to file a criminal case based on the crime report.
The Court concluded that the existing evidence was not sufficient to refuse to institute a criminal case. The body conducting the proceedings received explanation only from the parties concerned and, having been provided contradictory information, gave preference to the clarification provided by the staff of the penitentiary institutions instead of undertaking actions aimed at clarifying these contradictory explanations.
With the decision of the Court, a criminal case will be initiated at the RA Special Investigation Service in regard to impeding the work of the observers.