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Armenia

Executive Summary

Armenia’s constitution provides for a republic with an elected head of state and a unicameral legislature, the National Assembly. According to a constitutional referendum conducted in 2015, the country is on track to transition to a parliamentary republic by the end of the existing presidential term in 2018. The Republican Party of Armenia (RPA) held a majority of seats in the National Assembly and, with President Serzh Sargsyan as leader, continued to dominate the country’s political scene. The country held parliamentary elections under the amended constitution on April 2. According to the report issued by the Organization for Security and Cooperation in Europe (OSCE), the elections “were well administered and fundamental freedoms were generally respected,” but they were tainted by credible reports of vote buying and pressure on civil servants and employees of private companies. This contributed to an overall lack of public confidence and trust in the elections. The OSCE described the 2013 presidential election as well administered but with shortcomings, including an uneven playing field, serious election-day violations, and concerns regarding the integrity of the electoral process. Similar flaws marred the 2015 constitutional referendum.

Civilian authorities maintained effective control over the security forces.

The most significant human rights issues included: torture; harsh and life threatening prison conditions; arbitrary arrest and detention; lack of judicial independence; failure to provide fair trials; violence against journalists; interference in freedom of the media, using government legal authority to penalize critical content; physical interference by security forces with freedom of assembly; restrictions on political participation; systemic government corruption; failure to protect lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons from violence; and worst forms of child labor, which the government made minimal efforts to eliminate.

The government conducted only cursory investigations into reports of abuses by officials. Law enforcement officers often committed abuses with impunity, at times under direct orders from law enforcement chiefs. Authorities did not hold anyone accountable for the 10 deaths that occurred following postelection clashes in 2008, nor did it hold officials responsible for the beating of journalists and citizens during protests in 2015 and July 2016.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

Separatists, with Armenia’s support, continued to control most of Nagorno-Karabakh and seven surrounding Azerbaijani territories. The final status of Nagorno-Karabakh remained the subject of international mediation by the OSCE Minsk Group, cochaired by France, Russia, and the United States. Violence along the Line of Contact continued. Recurrent shooting and shelling caused casualties among military and civilians. Following the April 2016 outbreak in violence, the sides to the conflict submitted complaints to the European Court of Human Rights (ECHR) accusing each other of committing atrocities during that time. The cases remained pending with the ECHR.

The number of noncombat deaths in the military reportedly decreased. According to the nongovernmental organization (NGO) Peace Dialogue, there were 59 noncombat deaths during the year, compared with 162 in 2016. Peace Dialogue considered all noncombat deaths to be suspicious, although it did not specify its reason or reasons. In several cases, however, families of soldiers who died under noncombat conditions voiced distrust of official investigations, and their lawyers reported multiple procedural violations and a lack of time to review the case materials. On August 22, investigative online publication Hetq published an article describing many official obstacles the outlet and Peace Dialogue faced in obtaining statistics on the number of suicides in the army as well as specifics of the cases.

In one noncombat death case, the ECHR ruled in November 2016 that the state had violated the right to life in connection with the 2002 death of Private Suren Muradyan (stationed on the territory of Nagorno-Karabakh) and ordered the government to pay 50,000 euros ($60,000) to the Muradyan family. While the government paid the fine, no actions were taken to prosecute those responsible for Muradyan’s death.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices. Nevertheless, there were reports that members of the security forces regularly tortured or otherwise abused individuals in their custody. There were no known cases of prosecution of officials who engaged in these practices.

Police abuse of suspects during their arrest, detention, and interrogation remained a significant problem. According to human rights NGOs, most victims did not report abuses due to fear of retaliation. Mistreatment occurred in police stations, which, unlike prisons and police detention facilities, were not subject to public monitoring. According to observers, police used arrest as a form of punishment. Criminal justice bodies relied on confessions and information obtained during questioning to secure convictions. According to human rights lawyers, there were no sufficient procedural safeguards against mistreatment during police questioning, such as access to a lawyer by those summoned to the police as witnesses, as well as inadmissibility of evidence obtained through force or procedural violations.

According to human rights observers, hardly any investigations into suspected police mistreatment led to criminal sanctions against law enforcement officers. Human rights lawyers pointed to biased judicial and investigatory practices in torture cases and to the practice of opening investigations of possible false accusations when a victim of torture reported abuse.

According to government statistics, since the 2015 adoption of a new definition of torture in the criminal code, no official had been convicted in such cases as of year’s end.

As of mid-December the authorities had not prosecuted any law enforcement officials for the reported cases of cruel, inhuman, and degrading treatment of demonstrators, journalists, civic and political activists, and ordinary citizens during the political protests related to the July 2016 seizure by the armed group Sasna Tsrer of the Erebuni police compound.

On June 28, according to human rights lawyers, police beat four members of the armed group Sasna Tsrer during an altercation that ensued while they were awaiting resumption of their court hearing. The defendants suffered cuts and bruises on their faces, heads, abdomens, backs, and legs in the beatings. On June 30, the ombudsperson’s office released a statement calling on the Prosecutor General’s Office to investigate the reports. While an investigation was opened, the officers were not suspended or put on leave and continued to handle the same prisoners during the trial.

According to an October 2016 submission by the Partnership for Open Society Initiative (POSI) to the UN Committee against Torture, the lack of independent civilian oversight over psychiatric institutions led to inadequate protection of the right of persons with mental and social disabilities. According to the submission, regulations did not provide safeguards to prevent use of physical restraints, which were used not only on a physician’s decision, but also as a punishment and a method to intimidate other patients.

The Council of Europe’s Committee for the Prevention of Torture (CPT) noted in a 2016 report on its visit to the country that a significant number of patients in two psychiatric clinics appeared to be de facto deprived of their liberty. Although they had signed agreements of voluntary admission, the patients no longer wished to remain in the hospitals. According to POSI’s submission, persons often underwent compulsory treatment because in practice patients’ consent was obtained under pressure and through threats by relatives and the staff of the medical institution.

According to human rights experts, deaths in psychiatric institutions were not properly investigated. The government reported 73 deaths in psychiatric institutions, most due to illness and one due to suicide in 2016-17. There were two investigations launched on charges of medical negligence (one was dropped due to absence of a crime and the other continued at year’s end) and one criminal case on charges of inducing suicide. The latter was also dropped.

Although there were no reliable statistics on the extent of abuse in the military services, substandard living conditions, corruption, and commanders’ lack of accountability contributed to mistreatment and injury of soldiers by their peers or superiors. According to the Ministry of Defense, soldiers often underreported criminal behavior and abuse. While military leaders recognized the problem and sought to overcome it, some observers maintained that certain military commanders regarded it, as well as violence towards conscripts in general, as an effective way to maintain discipline.

In January the Ministry of Defense Human Rights and Integrity Center opened a hotline that the public as well as current or former members of the military and their families could use to find information on a range of problems, including allegations of harassment and corruption in the military. The center processed more than 100 calls a day.

Soldiers’ families claimed corrupt officials controlled many military units, and there were media reports that the government conscripted soldiers with serious health conditions. According to an interview with a representative of the Helsinki Citizens’ Assembly Vanadzort, the number of complaints they received from soldiers who were conscripted despite disqualifying health conditions grew every year.

Prison and Detention Center Conditions

Prison conditions were marked by poor sanitation, inadequate medical care, and systemic corruption; overcrowding in some facilities remained a problem, and conditions in some cases were harsh and life threatening. Prisons generally lacked accommodations for inmates with disabilities.

Physical Conditions: In its 2016 report, the CPT noted that while there was no longer overcrowding of prisons at the national level, some facilities, especially Nubarashen Prison, remained overcrowded. The CPT noted material conditions of detention at Nubarashen Prison also remained unacceptable. According to the NGO Prison Monitoring Group (PMG), detention conditions in some cells of the Nubarashen Prison constituted torture and degrading and inhuman treatment. According to the CPT, many cells were damp, affected by mold, poorly lit and ventilated, dirty, and infested with vermin. For most inmates, water was only available at certain hours. Inmates relied on their families for food, bedding, and hygiene items. According to the CPT, similar conditions were observed in other penitentiary establishments.

According to official data, 14 prisoners died during the first 10 months of the year, 11 due to illness, two from suicide, and one by accident. According to the PMG, impunity related to the deaths of inmates was one of the most significant human rights problems in prison. The PMG noted authorities typically did not open an investigation on a prison death if the deceased did not have a family to make such a request.

According to human rights organizations, in addition to the poor physical condition of the facilities, an organized criminal structure dominated prison life, and negligence in providing health care contributed to the death rate. The CPT noted in its 2016 report a continued tendency for prison managers to delegate authority partially to a select number of inmates (called “watchers”) at the top of the informal prison hierarchy and to use them to keep control over the inmate population.

In one death case, on April 5, Hrachya Gevorgyan died in custody at Armavir Penitentiary. Gevorgyan, who was serving an eight-year sentence for hostage-taking, violence against a representative of authorities, and extortion, was suffering from a number of serious health problems. During his imprisonment, including four years in pretrial detention, his physical and mental health had deteriorated to the degree that he was hardly able to talk and was unable to walk. Gevorgyan went on a number of hunger strikes to demand that authorities provide him proper care. According to lawyers for Helsinki Association of Human Rights, Gevorgyan, who continuously raised the problem of corruption and other prison abuses, was subjected to violence in prison on more than one occasion. On April 7, the prosecutor’s office of Armavir region opened a case on Gevorgyan’s death on charges of medical neglect.

Former inmates and many human rights observers also raised the issue of systemic corruption and bribery in the penitentiaries.

Health-care services in the prisons visited by CPT remained understaffed (the situation had actually worsened at Nubarashen Prison, compared with CPT’s prior visits) and poorly equipped, and there were problems with access to specialist care. There was also a serious shortage of medication. Prison medical personnel lacked independence and had to obtain administrative approval to transfer an inmate to a hospital or record a physical injury in a prisoner’s file.

According to the PMG and other human rights organizations, LGBTI individuals experienced the worst prison conditions. They were frequent targets of discrimination, violence, and sexual abuse and were forced by other inmates to perform degrading labor. Prison administrators reinforced and condoned such treatment and held LGBTI individuals in segregated cells in relatively worse conditions. The PMG noted that homosexual males, those associating with them, and inmates convicted of crimes such as rape, were segregated from other inmates and forced to perform humiliating jobs and provide sexual services.

Administration: Authorities did not routinely conduct credible investigations nor take action to address in a meaningful manner problems involving the mistreatment of prisoners, disputes and violence between inmates, or widespread corruption. The early release program and release on medical grounds remained areas of concern due to systemic gaps in legislation and implementation. Convicts and detainees did not always have reasonable access to visitors due to the lack of suitable space for visitations. Heads of prisons and detention facilities arbitrarily used their discretion to deny prisoners and detainees visitation, contact with families, or the ability to receive periodicals.

Prisons did not have ombudspersons, and prisoners lacked effective mechanisms to report problems with their confinement. Authorities did not always permit prisoners and detainees to submit uncensored appeals to authorities concerning credible allegations of inhuman conditions.

Independent Monitoring: The government generally permitted domestic and international human rights groups, including the CPT, to monitor prison and detention center conditions, and they did so regularly. Authorities allowed monitors to speak privately with prisoners and permitted the International Committee of the Red Cross to visit prisons and pretrial detention centers. In a notable exception, however, prison authorities continued to deny PMG monitors access to certain individuals in detention, including some detained members of the Sasna Tsrer armed group.

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