The Right to Long-Term Visits for Inmates is Not Properly Ensured: Ombudsman's Visit to Prisons

Based on complaints addressed to the Human Rights Defender and reports received on the Defender’s hotline, visits were conducted on September 3 to the 'Nubarashen', 'Hrazdan', and 'Yerevan-Center' correctional facilities of the Ministry of Justice of Armenia. According to the Ombudsman’s press service, private conversations were held with 14 inmates, and their detention conditions were examined.

The issues raised by the inmates primarily concerned the possibilities for revisiting imposed sentences, the comprehensive and objective investigation of criminal cases, the medical assistance provided, and conditional early release from punishment.

During the visit, inmates also raised issues related to long-term visits. Specifically, according to the information received, long-term visits at the 'Nubarashen' facility are granted for a duration of 2 days, although legal acts regulating this area state that long-term visits may last up to 3 days. According to the administration of the correctional facility, the reason for this limitation is that, following amendments to the Armenian law on the 'Detention and Imprisonment of Suspects and Detainees', individuals in detention are now also entitled to long-term visits lasting up to 3 days, which has sharply increased the number of individuals utilizing long-term visits, thus creating additional practical challenges considering that the physical conditions of the correctional facility are not adequately equipped.

This justification from the administration, while understandable, is unacceptable from the perspective of the country’s obligations. The state must create conditions that do not restrict the important right of detained individuals to connect with the outside world for technical reasons.

Inmates also raised issues regarding the absence of special diets for individuals with medical indications in correctional facilities and, as a result, the reception of raw food. In this regard, the Ombudsman emphasizes that the general ban on consuming raw food, including vegetables, in correctional facilities poses a barrier to ensuring the necessary diet for sick individuals deprived of liberty. Therefore, it is crucial to provide the opportunity for special diets, including the intake of raw food that is significant for the health of inmates.

Inmates also highlighted the unsatisfactory condition of the bathrooms in the correctional facility. Although the administration of the correctional facility expressed a willingness to address the raised issue during discussions, which is important, the Ombudsman still finds it necessary to emphasize that the Ministry of Justice of Armenia must carry out renovation works in the bathrooms and toilets of correctional facilities to ensure proper organization of bathing for inmates.

During the visits, several pieces of information were also obtained regarding some inmates seeking to change their detention conditions due to severe illness, having appealed to the interagency commission established by the Armenian government's decision No. 1636-N dated December 4, 2003. However, the provision of conclusions has been delayed, resulting in these individuals, as they assert, remaining in detention physically incompatible with their mental health issues.

In this regard, the Ombudsman notes that the timelines for appealing to the aforementioned commission, for reviewing the cases, and for making decisions remain relevant. Therefore, it is necessary to clarify the operational regulations of medical commissions concerning the release from detention on grounds of severe illness and their interrelations.

It is noteworthy that the aforementioned issues, including dietary food, bathroom renovations, and the effectiveness of relevant interagency commissions, have been raised multiple times by the Human Rights Defender and presented in reports and briefings with specific evaluations and proposals.

These issues are at the forefront of the Ombudsman’s attention, including in the context of the preventive national mechanism, and in order to assist in resolving them, the Ombudsman’s authority will be engaged.