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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
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