Prosecutor Launches Criminal Case for Torture in Police Custody

The Prosecutor's Office of Armenia continues its unwavering commitment to investigating all cases of torture and ill-treatment of individuals within police departments, detention facilities, and penitentiaries. This involves a thorough, objective, and comprehensive examination of reports related to such incidents, applying every investigative and procedural tool at its disposal to provide legal assessments.

On June 7, 2020, a report was received at the Yerevan Police Department regarding the presence of numerous bruises and abrasions on the body of citizen K.M. upon arrival at the holding facility (DZPV). The preliminary investigation revealed that on June 6, 2020, around 23:40, K.M. had an altercation with a neighbor, following which he allegedly insulted and struck two police officers responding to the scene, causing them physical pain.

A criminal case was initiated on June 7, 2020, under Article 316, Part 1 of the Criminal Code of Armenia. The same day, K.M. was arrested and transferred to the Yerevan Police Department's DZPV. He stated that he sustained injuries while cutting dry branches in his backyard, insisting that no violence was inflicted upon him, and he refused to undergo a court-ordered forensic examination.

On June 17, 2020, it was decided not to initiate a criminal case due to the absence of a crime. However, on August 10, 2020, K.M. submitted an online application to the Prosecutor General's Office, alleging that his injuries were a result of violence from the police officers who arrived at the scene, and that he had previously refrained from mentioning this due to promises made by the investigator regarding the termination of the case.

Upon reviewing the materials in the Prosecutor General's Office, it became clear that the previous decision was unwarranted. In light of several preceding decisions issued by the European Court of Human Rights against Armenia concerning the effective investigation of torture and ill-treatment, the independence and impartiality of the investigation had not been ensured, as the same investigator from the police department, whose officers' actions were linked to the alleged maltreatment, was conducting the investigation.

Additionally, the quantity and nature of the injuries found on K.M.'s body raised reasonable doubts. During the preparatory phase, no measures were taken to clarify the circumstances under which these injuries occurred, particularly regarding the need for a forensic examination based on available medical documents.

Given these points, and acknowledging the necessity for a multi-faceted, complete, and objective inquiry into the actual circumstances of the incident, the Prosecutor General Artur Davtyan overturned the prior decision not to initiate criminal proceedings and ordered the initiation of a criminal case under Article 309.1, Part 2, Clause 4 of the Criminal Code of Armenia for the apparent torture of K.M. by several public servants.