Armenia's Human Rights Defender has launched a review into the Investigative Committee's video of Prosperous Armenia Party leader Gagik Tsarukyan's arrest, saying the footage raises questions about compliance with legal standards.
At the instruction of Human Rights Defender Anahit Manasyan, representatives of the Ombudsperson's Office visited Yerevan-Kentron Penitentiary on July 8 to meet Tsarukyan and assess the protection of his rights. During the visit, they held a private meeting with him, reviewed relevant documents, and examined issues related to his health, detention conditions and the protection of his rights. The contents of the meeting remain confidential.
The statement notes that the Ombudsperson's hotline received reports claiming that lawyers arriving at Tsarukyan's residence and other properties during searches were initially not allowed to enter or participate in procedural actions. Following the Ombudsperson's rapid intervention, several of the issues raised were resolved.
The office later referred to the publication of a video showing the moment Tsarukyan was deprived of his liberty. Concerns were raised that disproportionate physical force may have been used despite claims that he had not resisted, and that the handcuffs appeared to be smaller than the size of his wrists.
The Human Rights Defender stressed that law enforcement agencies play a key role in detecting violations and combating crime. The state must take all lawful and necessary measures to prevent offenses, investigate them properly and bring offenders to justice. These responsibilities may include detention, the use of physical force and other measures provided by law. At the same time, all competent authorities must strictly comply with applicable human rights standards.
The statement also notes that the European Court of Human Rights has repeatedly ruled that the use of physical force and special means must comply with the principles of legality, necessity and proportionality, with each case assessed on the basis of its specific factual circumstances.
The legality of using handcuffs or physical force cannot be based solely on the fact that a person has been arrested. It must be justified by concrete circumstances, such as resistance, the risk of escape, self-harm or a real threat to the safety of others. Where handcuffs are deemed necessary, they must never be excessively tight and should remain in use only for as long as strictly required.
"Given that the published video raises questions regarding compliance with the legal standards governing the use of handcuffs and physical force, the Human Rights Defender has initiated a review of the matter.
In accordance with the Constitutional Law on the Human Rights Defender, when examining a complaint or conducting a review on the Ombudsperson's own initiative, the Defender must provide the relevant state or local self-government body, organization, official or representative whose decision or action is being challenged with an opportunity to present explanations regarding the complaint and the findings of the review, as well as to substantiate their position. After receiving the necessary explanations and additional information from the competent authorities regarding the necessity and grounds for the use of physical force and handcuffs, the Human Rights Defender will summarize the results of the review," the statement said.
The Human Rights Defender also emphasized that Armenia continues to face systemic problems regarding the lawful use of physical force and special measures.
The statement adds that appropriate measures will be taken within the scope of the Ombudsperson's mandate.
Beginning early on July 6, officers of the National Security Service, the State Revenue Committee and the Ministry of Internal Affairs conducted simultaneous searches at more than 70 locations, including Tsarukyan's residence and companies linked to him. Tsarukyan was arrested. On July 7, the Court of First Instance of the Avan and Nor Nork administrative districts ordered him held in pretrial detention for two months.
According to the Investigative Committee's published video, Tsarukyan was brought to the ground by seven or eight officers before being handcuffed.
