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RA Human Rights Defender Assesses 2011 Police Activities

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  • RA Human Rights Defender Assesses 2011 Police Activities

    RA HUMAN RIGHTS DEFENDER ASSESSES 2011 POLICE ACTIVITIES

    hetq
    12:33, March 28, 2012

    Shortcomings and problems identified

    In some cases, investigation and preliminary investigation bodies
    subjected people to cruel, inhuman, as well as humiliating treatment
    for obtaining testimony.

    In many cases a person has been unreasonably "invited" to a police
    department, kept there against his/her will, factually being deprived
    of liberty without having an appropriate status foreseen by the RA
    Criminal Procedural Code.

    There were often cases when a person suspected of a crime was brought
    to the police department (without any status) and kept there more
    than 3 hours violating the requirements of the Article 131.1 of the
    RA Criminal Procedural Code.

    In many cases reports on crimes were not followed up in the order
    foreseen by the Criminal Procedural Code, and they were "attached to
    a series".

    In some cases, a person's passport was taken from him/her by police
    officers without legal grounds and kept as a guarantee.

    In many cases, people, having physical injuries as a result of a
    crime, were not given a forensic examination official document or were
    provided with them after unduly delays and sometimes very untimely.

    There are many cases, when terms, defined by the Article 180 of the
    RA Criminal Procedural Code for consideration of reports about crimes,
    were violated.

    Sometimes criminal cases were not initiated in case of contradictions
    in explanations given during preparations of materials, which would
    enable the investigation body to carry out face to face interrogations
    to ensure objectivity, fullness and comprehensiveness of the case.

    In some cases, the terms of keeping detainees in Detention facilities
    were violated.

    During investigation and preliminary investigation people were
    sometimes invited to interrogation with violations of the requirements
    of the Article 205 of the RA Criminal Procedural Code.

    In some cases, people brought to police departments, were deprived
    of the right of having a defender.

    There were complaints that under the pretext of identifying the
    wanted person, police officers had entered one's apartment and
    conducted a search without a corresponding court decision.

    The Passport and Visa Department and territorial departments often
    unreasonably denied the citizens ofArmeniain providing them with
    passports, due to not being registered.

    Positive developments

    In the two last months of 2011 the police response to reports about
    cases of violence and violations carried out by its officers has
    changed, and the Ombudsman's mediation in 2011 regarding a similar
    complaint was positively processed. Due to a citizen A.A.'s report,
    the investigator S. Sedrakyan had derogated and insulted him, as well
    as had violated a number of criminal procedural norms. According
    to the official investigation, the investigator S. Sedrakyan was
    dismissed from his position by the order of the Chief of Police.

    The process of revealing violations of traffic rules has been improved
    by placing camera and photo devices.

    The RA Police has developed the concepts of introduction of
    observation systems in the crowded areas ofYerevanand concept of the
    rapid reaction center ofYerevandepartment, as well as their technical
    tasks and financial estimates.

    The RA draft Law "About Making Amendments and Additions" to the RA Law
    "About Confirming the RA Police Disciplinary Code"" was approved, which
    aims to improve the legal protection level of the police officers,
    to establish a permanent Commission carrying investigation with
    respect to police officers.

    In November 2011, the Chief of the Police of Armenia signed the
    order N3327 "About implementation of trainings for police officers
    subject to appointment in Municipal Police Departments established
    in Yerevan Territorial Police Departments", which aims to promote
    the establishment of a district (municipal) police model.

    Karen Andreasyan,

    Human Rights Defender of the Republic of Armenia

    The list of the identified positive developments, gaps and shortcomings
    is not exhaustive.

    The introduced Chapter (17) of the HRD Annual Report 2011 is available
    in full at http://pashtpan.am/pages/downloadPdf/file_id/554 .

    The HRD Annual Report 2011 was developed based on the complaints
    received by the Staff of the Human Rights Defender, legislation
    analysis, trustworthy and non-disclaimed publications in press,
    reports of the international and local organizations as well as
    information received during the interviews with field specialists
    and human rights defenders.

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