Ombudsman Responds to Proposal for Reinstating Death Penalty

The Human Rights Defender of Armenia, Kristine Grigoryan, has responded to the proposal by the Prosecutor General of Armenia to create constitutional and legal grounds for imposing the death penalty for acts of state treason.

According to the Ombudsman, "In response to various inquiries, we would like to inform you that the Human Rights Defender also considers it concerning the existence of apparent crimes against the security of the state recorded during and after the 44-day war, their number, and of course, the manifestations of alleged criminal acts. At the same time, the Human Rights Defender believes that in order to exclude such cases, it is necessary to carry out more effective preventive measures, including relevant measures for the prevention and deterrence of alleged criminal acts. In other words, solutions to enhance the effectiveness of law enforcement bodies, including those conducting operational intelligence and counterintelligence activities, should not be sought in diminishing human rights and freedoms as enshrined in the Constitution and constitutional values.

Moreover, it is an undeniable truth that the overall preventive function of criminal policy is determined not only or primarily by the severity of the punishment prescribed for a criminal act, but by ensuring the inevitability of punishment for such acts. Therefore, in the Ombudsman's assessment, the state's criminal policy, especially regarding crimes against state security, including state treason, should focus on increasing the effectiveness of actions aimed at preventing or thwarting possible criminal acts and ensuring the inevitability of punishment in the case of committed crimes.

The Human Rights Defender also, as a member of the Council for Constitutional Reforms, considers the discussion of such a proposal even inappropriate, as it greatly overshadows the constitutional and democratic values of the right to life and the overall protection of human rights."