Tweet
ARMENIAN AUTHORITIES MASK CHARGES OF TORTURE AS ABUSE OF POWER
03.16.2015 15:56 epress.am
Council of Europe Commissioner for Human Rights, Nils Muiznieks, in his
summary report following his visit to Armenia in October, 2014, has
objectively and accurately analyzed the situation in Armenia, stated
Human Rights Defender Arman Danielyan and lawyers Yervand Varosyan
and Lusine Sahakyan during a press conference today, March 16th.
According to Sahakyan, the issues found in the report are so
deep-rooted and widespread, that the Commissioner was able to see
them during the few days of his short visit.
At the same time, the lawyers agreed that the report would have no
practical impact because such reports are frequently written and
the issues raised, however, there is no political will in Armenia to
solve those issues.
"I'm confident that nothing will change in practice. Even if the
executive legally has no influence overappointing judges, there is no
inner freedom. There are multiple tools for influencing the judges,"
said Lusine Sahakyan.
Yervand Varosyan noted that, nevertheless, as a lawyer, he is happy
that such a report exists; "We raise these issues everyday, but
we are told that we are being subjective speaking from a lawyer's
perspective. Well, the Commissioner is not a lawyer. He's turned the
main attention toward the judicial system. That is very important. We
will have no results until we have an independent judicial system,
regardless of the amount of reforms there may be."
Varosyan also underlined that in his recommendations the Commissioner
stressed the necessity of changes in both legislation and practice.
"They have understood that Armenia is ready to change laws for 200
years. Our authorities are prepared to continuously change laws and
create separate subdivisions. They said 'you don't have a separate
investigative body', so they created the Investigative Committee. If
need be, they will create 100 separate investigative services, but
not fight against torture," said the lawyer.
He explained as to why criminal cases on charges of torture are almost
never initiated in Armenia. According to Varosyan, cases of torture
fall under the "abuse of official position."
"When European experts, human rights defenders ask about how many
criminal cases on charges of ill-treatment have been investigated
and sent to court in Armenia, our officials mix everything up. They
say that they have initiated and sent to court over a 100 cases on
abuse of official position, but when asked about how many of those
cases were based on ill-treatment, they say that they don't have
such statistics. They're scared of being asked about how many cases
they have initiated on charges of torture and why they are not taken
to court."
The lawyers noted that Muiznieks' report is also important for the
European Court of Human Rights, because such observations are taken
into consideration while issuing verdicts. On another hand, in Armenia
they often ingenuinely initiate criminal case, in order to show the
European Court that a proper investigation has taken place.
According to Arman Danielyan, 143 cases based on complaints of torture
have been initiated last year, but 141 were closed; "It's obvious,
they open the cases to immediately close them."
http://www.epress.am/en/2015/03/16/armenian-authorities-mask-charges-of-torture-as-abuse-of-power.html
03.16.2015 15:56 epress.am
Council of Europe Commissioner for Human Rights, Nils Muiznieks, in his
summary report following his visit to Armenia in October, 2014, has
objectively and accurately analyzed the situation in Armenia, stated
Human Rights Defender Arman Danielyan and lawyers Yervand Varosyan
and Lusine Sahakyan during a press conference today, March 16th.
According to Sahakyan, the issues found in the report are so
deep-rooted and widespread, that the Commissioner was able to see
them during the few days of his short visit.
At the same time, the lawyers agreed that the report would have no
practical impact because such reports are frequently written and
the issues raised, however, there is no political will in Armenia to
solve those issues.
"I'm confident that nothing will change in practice. Even if the
executive legally has no influence overappointing judges, there is no
inner freedom. There are multiple tools for influencing the judges,"
said Lusine Sahakyan.
Yervand Varosyan noted that, nevertheless, as a lawyer, he is happy
that such a report exists; "We raise these issues everyday, but
we are told that we are being subjective speaking from a lawyer's
perspective. Well, the Commissioner is not a lawyer. He's turned the
main attention toward the judicial system. That is very important. We
will have no results until we have an independent judicial system,
regardless of the amount of reforms there may be."
Varosyan also underlined that in his recommendations the Commissioner
stressed the necessity of changes in both legislation and practice.
"They have understood that Armenia is ready to change laws for 200
years. Our authorities are prepared to continuously change laws and
create separate subdivisions. They said 'you don't have a separate
investigative body', so they created the Investigative Committee. If
need be, they will create 100 separate investigative services, but
not fight against torture," said the lawyer.
He explained as to why criminal cases on charges of torture are almost
never initiated in Armenia. According to Varosyan, cases of torture
fall under the "abuse of official position."
"When European experts, human rights defenders ask about how many
criminal cases on charges of ill-treatment have been investigated
and sent to court in Armenia, our officials mix everything up. They
say that they have initiated and sent to court over a 100 cases on
abuse of official position, but when asked about how many of those
cases were based on ill-treatment, they say that they don't have
such statistics. They're scared of being asked about how many cases
they have initiated on charges of torture and why they are not taken
to court."
The lawyers noted that Muiznieks' report is also important for the
European Court of Human Rights, because such observations are taken
into consideration while issuing verdicts. On another hand, in Armenia
they often ingenuinely initiate criminal case, in order to show the
European Court that a proper investigation has taken place.
According to Arman Danielyan, 143 cases based on complaints of torture
have been initiated last year, but 141 were closed; "It's obvious,
they open the cases to immediately close them."
http://www.epress.am/en/2015/03/16/armenian-authorities-mask-charges-of-torture-as-abuse-of-power.html