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Cabinet Proposes Restrictions On Prisoners' Correspondence Confident

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  • Cabinet Proposes Restrictions On Prisoners' Correspondence Confident

    CABINET PROPOSES RESTRICTIONS ON PRISONERS' CORRESPONDENCE CONFIDENTIALITY

    tert.am
    27.12.12

    The Armenian cabinet has proposed amendments to the Penitentiary Code
    to restrict the convicts' right to confidential correspondence.

    The new chapter, proposed to the law on restricting the correspondence
    of inmates (both those sentenced for life and those serving a certain
    period of time), first describes the procedures for submitting
    and discussing a motion for imposing such a restriction. The bill
    requires that the document justify the reasons behind the proposed
    measure, including the necessity to observe law and order in the
    penitentiary institution, ensure the protection of public health and
    moral standards, and the constitutional right of inmates.

    The motion has to specify the timeframes and grounds of restricting
    the confidentiality of correspondence and be submitted with supporting
    materials.

    Its appropriateness is to be considered by court. The motion is also
    subject to appeal.

    Based on a court ruling, the head of the penitentiary institution is
    then required to make a decision on opening a letter written by or
    sent to the convict.

    Under the proposed bill, the letters addressed to the minister
    of justice, the European Court of Human Rights, the prosecutor
    general, the ombudsman, an ordained clergyman-confessor, groups of
    public observers conducting a monitoring in prisons and penitentiary
    administrations and defense lawyers or medical institutions are not
    subject to opening or confiscation.

    A justification attached to the legislative proposal says that the
    Penitentiary Code envisages no measures for the prison administration
    to examine and confiscate an inmate's letter without violation of
    the relevant provisions of Armenia's Constitution and the European
    Convention on Human Rights.

    "This legislative gap leads to a lots of difficulties related to
    the protection of justice, and observance of security and order in
    prisons, the protection of public health and moral standards, and
    others constitutional rights," reads the document.


    From: Baghdasarian
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