The task of improving judicial practice and development of the criminal-legal mechanisms in the fight against torture and ill-treatment of people in penitentiary institutions remains in the priorities of the RA Prosecutor's Office.

 

The studies carried out in the RA Prosecutor General's Office indicate that in some cases, due to the fact that complaints about torture and ill-treatment are not sent to the RA SIS immediately in the future, in the course of the preliminary investigation of such cases, the effectiveness, comprehensiveness and promptness of the investigation is hindered.

 

In particular, in the course of the study of materials of the criminal case initiated on 08.01.2020 under Point 1 and Point 4 of Part 2 of Art. 309.1 of the RA Criminal Code on the fact of torture of a person by the RA Police officers, it was found out that, in the exercise of its competence, the body carrying out the proceedings within the framework of the criminal case, by having discovered the alleged material traces and consequences, by the accused and lawyer, for about 4 months did not take any appropriate measures in this direction.

 

In this case, it was possible to avoid the loss of traces of the crime and evidence only as a result of a medical examination of the person in the place of detention of Yerevan City Department of the RA Police and obtaining factual data on his state of health.

 

Studies also show that often people, who torture others, come to an agreement regarding their testimonies and it becomes impossible to interrogate them separately and quickly. Moreover, the data provided by the tortured person in such cases cannot be verified.

 

Appropriate actions by the competent authorities, carrying out a detailed investigation to ensure evidence by the case are the standards.

 

On the basis of the need to make these criteria mandatory, the Prosecutor General's Office of the Republic of Armenia addressed a letter to the Head of the "Center of Penitentiary Medicine" SNCO for presenting to the RA Prosecutor General's Office the documents drawn up regarding the detection of wounds on the bodies of people admitted to the territorial bodies of the SNCO.

 

By the letter sent to the RA SIS was stressed the need to exclude manifestations of giving a final, unjustified assessment to the information of the alleged victim within the framework of the compliance of investigations by cases of torture or ill-treatment with the specified standards and the procedural component of Art. 3 of the European Convention.

 

In addition to that, the RA Prosecutor General instructed all structural subdivisions of the RA Prosecutor's Office to carry out prompt, impartial, detailed and effective investigation of complaints from people regarding torture or ill-treatment, and after receiving these complaints, within a maximum of 24 hours, send them to the RA Prosecutor General's Office for resolving the issue of forwarding to the RA SIS promptly.