In criminal cases with a political component, pretrial detention in Armenia is applied as a rule rather than as an exceptional preventive measure, contrary to international human rights standards, lawyer Varazdat Harutyunyan said.
He claimed that courts generally grant requests for detention in political cases. In his view, however, detention should be used only as a last resort, under the ultima ratio principle. Liberty should be the rule and its restriction the exception.
Harutyunyan stressed that even in nonpolitical cases involving serious charges, courts often impose preventive measures other than detention. In political cases, by contrast, people are detained even on charges of moderate severity, including when the risks of obstructing proceedings, absconding or committing a new crime are almost zero. The lawyer considers this a breach of Armenia’s international obligations, including requirements under the European Convention on Human Rights and other international instruments.
Problems with medical care in detention facilities
The lawyer also described medical care for detainees and convicted prisoners as being in a deplorable state. He said that, in many cases, obtaining permission for an examination at a civilian hospital requires a prolonged struggle, even when the need is urgent.
In Harutyunyan’s assessment, the process involving the Penitentiary Medicine Center is excessively bureaucratic and does not put people first. As a result, he said, the health and lives of people in detention are not adequately protected.
As an example, he cited the case of Aghvan Arshakyan, who was detained in the case involving Bagrat Srbazan and others. Arshakyan had undergone surgery for a brain tumor, had difficulties with movement, and remained at risk of a recurrence.
According to Harutyunyan, when the court granted the request to detain Arshakyan, it also ordered the pretrial investigative body to arrange an immediate medical assessment to determine whether his illness was compatible with the conditions of detention.
The lawyer said that, after Arshakyan was detained, the investigative body took no steps to arrange that assessment. Only more than a month later, following another application to the court, was it possible to change Aghvan Arshakyan’s preventive measure to house arrest, by which time his health had seriously deteriorated.
“This is not a humane system. When criminal cases have a political component or political motives, our justice system is deeply inhumane and stops at nothing,” Harutyunyan said.
Conditions at Nubarashen prison and detainees’ health
The lawyer also recalled deaths among people held in detention. Harutyunyan stressed that deaths and suicides point to serious problems in the penitentiary system.
He drew particular attention to conditions at the Nubarashen penitentiary, saying that those held there are forced to live in poor conditions. The lawyer contrasted this with the state’s substantial spending on international events and other programs.
As an example, he cited the COP17 conference. He said considerable funds are being spent on organizing an international event devoted to biodiversity conservation while people continue to be held in what he described as primitive conditions in one of the country’s penitentiaries.
“On one side are butterflies; on the other are living people held in Nubarashen prison, where conditions are truly unbearable. If a healthy person goes in, there is a strong chance they will come out ill or with chronic diseases,” the lawyer said.
According to Harutyunyan, another serious problem is the lack of sufficient attention afterward to the health of people released from detention and to illnesses they developed while detained.
He stressed that the state must take responsibility for protecting not only a person’s liberty but also their health, dignity and presumption of innocence. In the lawyer’s assessment, however, these safeguards are not properly ensured, particularly in criminal cases he considers politically motivated and involving opponents of the current authorities.