Life Sentenced Inmates Can Apply for Pardon After Serving 15 Years

The Armenian government approved a draft amendment to the "Law on Pardon" during its session today. The draft was presented by Justice Minister Rustam Badasyan. He noted that the adoption of the draft is aimed at making the pardon institution more transparent and accountable.

Badasyan stated that the draft defines cases in which pardon applications may not be considered and must be returned. Specifically, these cases are linked to conditional early releases and instances where the law provides for exemption from punishment, so that pardon applications are not continually discussed.

Under the current regulations, a situation can arise where an inmate has submitted a pardon application but has been released from punishment on other legal grounds. In such instances, the fate of the pardon application remains unresolved due to an existing legal gap. For example, during the discussion of a pardon application, if the inmate is released from serving a sentence due to a declared amnesty, their pardon application will not be discussed. In cases of conditional early release from punishment, the application is discussed in accordance with general procedures; however, since the inmate has been released, it is ultimately rejected.

This existing gap in legislation practically poses serious problems, contradicting the procedures for saving public resources and spending them more efficiently. The above indicates that there is a necessity to legally provide instruments for not discussing and returning pardon applications.

Regulations ensuring the confidentiality of pardon applications have been established. The relationship concerning the submission of new pardon applications under exceptional circumstances when an application is rejected has also been regulated.

Exceptional grounds include having a dependent child, a state of emergency, or an imminent threat to the inmate's life.

For life-sentenced inmates, an earlier procedure for applying for a pardon has been established. A life-sentenced inmate may write a pardon application if they have served no fewer than 15 years.