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Armenia: Life Without Hope

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  • Armenia: Life Without Hope

    ARMENIA: LIFE WITHOUT HOPE
    By Karine Asatrian in Nubarashen

    A1+
    [05:44 pm] 25 September, 2006

    After the abolition of the death penalty, Armenian lifers say they
    still face a bleak future.

    Twenty-five-year-old Tsolak Melkonian was sentenced to death six
    years ago for a murder he committed when he was doing his military
    service. Then his sentence was commuted to life imprisonment under
    a presidential decree.

    But Melkonian is depressed by the sentence that lies before him. "Life
    imprisonment is tougher than what I should be getting," he said. "If
    there's no death penalty, I should get 15 years. If they don't review
    my sentence, I am ready to mount a hunger-strike."

    Melkonian has already been through several hunger-strikes after
    demanding that the courts review his sentence. Shortly after he
    committed the murder, he tried to shoot himself in the heart but
    survived.

    In prison, he has married Lyuda Marutian, an eye specialist who
    visited him when he had problems with his vision.

    IWPR met Melkonian, a tall thin young man, in the meeting room of
    Nubarashen prison, where his wife and grandmother had come to see
    him. The new prison governor recently gave inmates the right to three
    visits a year.

    The meeting room had a divan, two armchairs, a small desk and a
    television. Melkonian talked to his grandmother while his wife
    made coffee.

    "Life imprisonment is too harsh a punishment for a crime committed
    by a 19-year-old for which he has repented," said Marutian.

    Nubarashen prison is on the outskirts of the Armenian capital
    Yerevan. Journalists are only allowed to visit it with the permission
    of the justice ministry.

    The round building can be seen from a long way off, but if you did
    not know, you would not realise it was a prison. There is no fence
    or barbed wire surrounding it, and no observation towers. All the
    checks on visitors take place inside.

    Armenia currently has 71 prisoners serving life sentences, of whom 55
    are in Nubarashen. The lifers live on the fifth floor along a long,
    narrow and dimly-lit corridor. There are three or four prisoners to
    a cell.

    No one has been executed in Armenia since 1991, but the death penalty
    was only formally abolished in 2003, two years after Armenia joined
    the Council of Europe, for which this is a condition of membership. The
    president commuted 42 death sentences.

    Many of the lifers, supported by human rights defenders, were unhappy
    about their new sentences, saying they were left with no hope for
    the future.

    They pointed out that under the old criminal code under which they
    were charged, their sentences should have been reduced to prison
    terms of between 15 and 20 years, not life.

    "A fixed term of life imprisonment is more severe than 15 to 20 years,"
    said Avetik Ishkhanian, head of the Helsinki Committee of Armenia. "A
    toughening of the law should not be retroactive."

    Armenia's recently appointed human rights ombudsman Armen Harutunian
    disagrees, saying abolition of the death penalty is a big step
    forward. "[Life imprisonment] really is more humane," he said. "To
    be honest, we have not found any infringement of human rights here."

    However, many prisoners disagree, saying that even the improved prison
    conditions they live in are hard to endure.

    "I think that life imprisonment is a harsher punishment than the
    death penalty," said 38-year-old Manuk Semerjian, who has spent 15
    years in Nubarashen.

    "People are amazed at how I managed to survive and not die," said
    Semerjian of his time in prison in the Nineties. "In those years,
    nothing was allowed in the cell - no parcels, no meetings. We got
    repulsive meals. And twice a day they beat us up."

    Semerjian said things began to improve only in 2001, when the
    justice ministry took over the prison. That year, Semerjian said,
    the beatings stopped.

    Nikolai Arustamian, head of the justice ministry's penal reform
    department, cited many improvements that had taken place in the last
    five years. He said living conditions had been improved, and the
    cells refurbished and provided with televisions.

    The prison governor Aram Sargsian, appointed in 2005, says that he
    has ensured that conditions are now much better. He said two choices
    faced him as head of the jail, "To treat the prisoners like animals,
    enrage them and try to restrain them by force, or to create a peaceful
    moral and psychological atmosphere, a manageable situation and to
    guarantee safety. We chose the second path."

    Sargsian said the way inmates were treated depended on what category
    they were placed in - "especially dangerous", "dangerous" and "less
    dangerous". They are categorised not by their crime but according to
    their behaviour in prison.

    Many lifers, especially those who fall into the most extreme category,
    still appear desperate. They are not allowed to walk in the open air,
    and their cells only have high barred windows.

    Prominent Armenian human rights activist Mikael Danielian said he
    had no evidence of torture being practiced in prisons, but the living
    conditions there were "inhuman" and well short of European standards.

    At dawn on July 23 this year, four prisoners tried to escape after
    sawing through a metal door lock and bolts with a razor. When warders
    blocked their way, three of them tried to slash their wrists. Armenian
    newspapers reported that they tried to harm themselves because they
    were afraid of being beaten.

    Conditions are better for those in the "less dangerous" category. They
    include Edik Grigorian, Derenik Bejanian and Ashot Knyazian, all
    serving life sentences for the most notorious crime in Armenia in
    recent years, the shooting of eight prominent politicians inside
    parliament in October 1999.

    The three men have a fridge, a table and chairs, and two
    televisions. They offered this correspondent a cup of hot chocolate
    to drink.

    One of the three, Knyasian, expressed a common fear among the lifers,
    that even if a court orders their release after 20 years, as the
    criminal code allows, their lives will effectively be over.

    Another lifer, Ashot Manukian, said, "I've been in jail since I
    was 19. If I get out, I'll be 39. What can I study, what can I do,
    what's the point? Will I be born again?"

    According to human rights activist Avetik Ishkhanian, a change in
    the constitution last year means that citizens now have the right to
    protest against presidential decrees in the constitutional court.

    At the moment, the lifers have more modest hopes - being allowed
    to step out of their cells, walk in the courtyard and talk to their
    fellow inmates.
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