Two inmates assaulted by an operational group of 11 individuals: Monitoring group expresses concern

Members of the public observation group, which conducts oversight in penitentiary facilities and institutions under the Ministry of Justice of Armenia, discovered during their visit to the "Nubarashen" Penitentiary on August 23, 2020, that an unauthorized visit was made by a special unit of the penitentiary service and a search was conducted in the 4th punishment cell where inmates H.S. and A.S. were housed.

According to the incident report, the inmates did not comply with the legal demands of the staff during the search. Consequently, special measures and physical force were applied against them. Observers noted visible and fresh injuries on various parts of the inmates’ bodies during their visit.

According to the medical report provided by the medical unit located in the "Nubarashen" Penitentiary, the examination revealed hematomas on H.S.'s head, forehead, and various body areas, and first aid was provided. Similarly, A.S. exhibited a hematoma on the head, contusions around the left eye, and injuries to the nose, neck, chest, and back.

The medical unit of the "Nubarashen" Penitentiary provided first aid and treated the wounds of the inmates. However, the group expressed concern regarding the legality and proportionality of the special measures and physical force applied to H.S. and A.S. On August 25, 2020, the group sent an urgent report (No. 20-51) to the Minister of Justice of Armenia, proposing that an investigation be conducted into the actions of the special unit staff of the penitentiary service and requesting official clarifications regarding the incident.

On September 1, 2020, the Minister of Justice responded, indicating that on August 23, 2020, around 9:00 AM, three employees of the penitentiary service conducted an unauthorized search in the 4th punishment cell based on operational data received regarding the presence of prohibited items. This search resulted in the confiscation of a pair of wireless headphones. A second search was conducted that same day at approximately 10:30 AM by 11 penitentiary service officers, during which personal searches of the mentioned individuals did not yield any prohibited items.

Subsequent to the physical force and special measures implemented by five officers towards A.S. and H.S., the officers were able to calm them down and perform a search of the cell, during which no other prohibited items were discovered. The duration of these searches has not been recorded, and aside from the mentioned cell, no other unplanned searches were conducted in other cells as there was no operational information about prohibited items being stored or used in those areas.

At around 11:00 AM on August 23, both A.S. and H.S. were examined by the head of the medical unit located within the penitentiary, received first aid, and the findings of their external examination were documented. Initially, before the incident was made public, the inmates claimed they had fallen in their cells, indicating a concerning reluctance among those deprived of liberty to report abuses against them.

This could suggest a persistent influence of prison culture or inadequate legal protections for inmates who file complaints. In response to the matters raised in the group’s urgent report, the Ministry of Justice did not provide any clarifications regarding the description of the illegal actions qualified against the inmates and the specific manifestations of those actions.

Moreover, there was no discussion about why it was necessary for an operational group of 11 individuals to apply compulsory measures against the two inmates accused of illegal actions. The ministry, however, informed that preparatory materials regarding the incident were collected at the "Nubarashen" Penitentiary, which were sent to the prosecutors of the Erebuni and Nubarashen administrative districts on August 25, 2020.

The group remains deeply concerned about both the incident that took place on August 23, 2020, at the "Nubarashen" Penitentiary and the inadequacy of the information provided by the competent authority, the Ministry of Justice of Armenia. Any actions based on operational information within the penitentiary system must be legal and proportional to the pursued objective, excluding any violations of the human rights of persons deprived of liberty.

The group believes that the incident must be of significant attention to the competent authorities, and an effective and objective investigation should be conducted to ascertain all circumstances of the mistreatment, holding responsible those guilty of misconduct to prevent similar violations in the future.