RA human rights organisations urge to curb violations of human rights in penitentiary institutions

PanARMENIAN.Net - Today, 14 human rights organisations of Armenia issued a statement, calling on judiciary authorities to hamper mass violations of human rights in the penitentiary institutions, enhancing usage of alternative punishments.

The statement runs, “During the last years increase of the number of the people deprived of liberty was observed; reaching 20% over the last year.

Penitentiary Institutions are overcrowded. In particular, as of July 1, 2010, 4850 people deprived of liberty are kept in the penitentiary institutions designated for 4396 people.

Less than 2sq.m area is allocated to every person deprived of liberty, whereas according to RA legislation, as well as international standards at least 4sq.m should be afforded. Overcrowding causes health and physiological problems, lack of air, deterioration of the health, physiological tension and conflicts. These keeping conditions are interpreted by the European Court of Human Rights as cruel, inhuman or degrading treatment and in certain cases also as torture.

The reasons of the overcrowding are the following; increase of the number of crimes, wide usage of the detention as a measure of restraint by the courts. Whereas when interpreting article 5 of the European Convention of Human Rights as well as article 9 of the Covenant on Civil and Political Rights (right to freedom) European Court of Human rights and Human Rights Committee have pointed out that detention is the most severe measure of restraint and should be used as a measure of last resort and only if less restrictive measures cannot ensure the proper conduct of the defendant and due administration of justice.

The other reasons are limited usage of alternative punishments and conditional release on parole. According to the data of 2009 only 14% of the prisoners who had opportunity to be released on parole were approved for the release. This is conditioned by the factor that there are no relevant criteria on which the committees on conditional release can make their decisions. Besides, the members of the independent committees on the conditional release on parole represent state bodies, including law enforcement bodies, are led by the interest of their departments and subjective factors.

In order to terminate human rights mass violations in the penitentiary institutions we find that decision on amnesty should be made.

We, the undersigned, express our deep concern about the current situation and call upon the competent authorities to take actions aimed at the solution of the overcrowding of penitentiary institutions.

We call upon the investigative bodies, and the judiciary to use the detention as a measure of restraint only as a last resort, preferring alternative measures of restraints.

We call upon RA President, RA National Assembly, RA Ministry of Justice to reform the system of the conditional release on parole.

We call upon RA President and RA National Assembly to make a decision on amnesty.”