Gagik Khachatryan Needs Medical Treatment but Has Been Transferred to Vardashen Prison: Statement

The former Minister of Finance and former head of the State Revenue Committee, Gagik Khachatryan's legal team has issued an urgent appeal to the Minister of Justice, stating that Gagik Khachatryan needs medical treatment. However, the "Penitentiary Medical Center" state non-commercial organization and the Penitentiary Service are grossly violating his constitutional right to health protection, endangering his life and health.

The statement also mentions that Gagik Khachatryan has been transferred to "Vardashen" prison and is being held in poor conditions.

"Urgent appeal to the Minister of Justice: We inform you that the Penitentiary Medical Center and the Penitentiary Service are openly and grossly violating the constitutional right to health protection of Gagik Khachatryan, thereby endangering his life and health. Since it became clear after the events of May 22, 2020, that the Ministry of Justice responds promptly to reports of illegalities committed against Gagik Khachatryan by his legal team, we hope that the Ministry of Justice will also respond promptly and take immediate measures to eliminate these illegalities in this life-threatening situation for a citizen of the Republic of Armenia.

Specifically: 1. According to the discharge summary from the "Astghik" Medical Center, during his hospitalization, Gagik Khachatryan received complex therapeutic treatment coordinated with neurologists, neurosurgeons, traumatologists, cardiologists, gastroenterologists, and urologists, as well as rehabilitative kinesiotherapy and physiotherapy. He was under constant supervision of these specialists. According to the same discharge summary, Gagik Khachatryan was discharged from the neurology department based on the letter No. E-863 from the director of the Penitentiary Medical Center about adequate treatment and its reference to the conclusion of a consilium held on April 8, 2020, to continue further treatment in the mentioned medical facility if necessary. Based on the aforementioned medical documents, Gagik Khachatryan requires medical treatment, and he was discharged from the hospital based on the assurances from the Penitentiary Medical Center that he would receive adequate treatment. However, it is important to emphasize that since his transfer from "Astghik" Medical Center to "Yerevan-Center" penitentiary facility about six days ago, Gagik Khachatryan has received absolutely no treatment, has not been under the supervision of the specialists mentioned in the discharge summary, and he has not been examined by such specialists since there are no such specialists in the penitentiary institution, and there is also no opportunity to provide the treatment mentioned.

In other words, the Penitentiary Medical Center has not only failed to provide Gagik Khachatryan with adequate medical treatment but also, in our firm belief, the Penitentiary Service and the Penitentiary Medical Center are deliberately creating conditions for Gagik Khachatryan that not only pose a real threat to his life and health but also cause him constant acute physical pain and psychological suffering, humiliating his dignity.

In this regard, we note that: 2. According to point 101 of the 11th chapter of the government decision No. 825-N of May 26, 2006, "The procedure for organizing medical sanitary and preventive assistance to detained persons and sentenced individuals, using health care agency medical institutions and involving their medical staff for that purpose," it is specified that, "Each detained person and sentenced individual has the right to use, at their own expense and choice, the medical professional services of a civil medical institution in accordance with the requirements set forth by this chapter, irrespective of the existence of similar types of medical assistance and service provided in the penitentiary institution, including on the territory of penitentiary institutions." On May 23, 2020, letters were sent to the Penitentiary Medical Center regarding these circumstances, asking for Gagik Khachatryan to be urgently transferred to "Astghik" Medical Center to receive the treatment determined by the Consilium and to provide written information on whether the conditions necessary for the prevention of Gagik Khachatryan's chronic pains, difficulties in walking, and other problems arising from his illness, are available in the "Yerevan-Center" penitentiary institution. These conditions should include appropriate arrangements for care, walking, hygiene maintenance, and other facilities vital for his existence that would eliminate mistreatment and torture, and would not cause him additional discomfort and pain, nor humiliate his dignity. If so, please provide detailed information regarding these conditions."

These requests have not only gone unanswered – Gagik Khachatryan has not been transferred for treatment and has been provided with no medical treatment, and it has also not been confirmed that the necessary conditions outlined for his detention are available, and on May 27, 2020, he was transferred to the Ministry of Justice's "Vardashen" penitentiary institution and is currently being held in even worse conditions in a room of approximately 4 square meters, which contains only one bed, a small table, and a toilet. There are no other facilities necessary for his hygiene and care in the room, nor is it adapted for a person requiring mobility assistance.

Gagik Khachatryan has been informed that he will have to stay in these conditions for about 14 days, which is related to his transfer to a new penitentiary institution and the decision of the RA Commandant to prevent the spread of the new coronavirus.

3. Furthermore, according to point 3 of the 1st chapter of the aforementioned government decision No. 825-N, it is provided that medical assistance and service for detained persons and sentenced individuals are organized by the Penitentiary Medical Center within the framework of the types of medical assistance and service for which the center has received relevant licensing in accordance with the law. The types of medical assistance and services for which the Penitentiary Medical Center has not obtained relevant licensing shall be provided by health care institutions lawfully authorized to provide licensed medical assistance and services (hereinafter referred to as civil medical establishments) in accordance with the legislation of the Republic of Armenia and this regulation." We find it necessary to inform that requests were sent to the Penitentiary Medical Center on February 1, 2020, and April 1, 2020, asking for written confirmation on whether the Penitentiary Medical Center has the licenses necessary for the medical assistance and services required for Gagik Khachatryan, and also asking them to provide the data of each specialist (name, surname, patronymic) and information regarding the treatment practice and medical activity for treating similar patients based on specialties. So far, no response has been provided in this regard, and according to our information, the Penitentiary Medical Center does not possess the necessary licenses and medical specialists for Gagik Khachatryan's medical assistance and service.

4. We also report that the Human Rights Defender's office has been informed of all these matters, and we have requested an urgent visit to the Ministry of Justice's "Vardashen" penitentiary institution to familiarize themselves with the situation on the ground and to stop the torture. Urgent email complaints have been sent to both the Ministry of Justice and the Penitentiary Medical Center, as well as the Penitentiary Service regarding the above assertions with additional justification. We expect that the Ministry of Justice and the mentioned institutions will reaffirm, as in previous public statements, that they guarantee the right to health protection of every detained person, including Gagik Khachatryan, and will take immediate measures concerning the resolution of the indicated issues," the statement concludes.