POOR CONDITIONS IN DETENTION FACILITIES FOR TEMPORARY HOLDING OF PERSONS DEPRIVED OF LIBERTY: OMBUDSMAN

Representatives from the Department for the Prevention of Torture and Ill-Treatment of the Office of the Human Rights Defender of Armenia conducted unannounced monitoring visits on June 12 to the temporary holding facilities for persons deprived of liberty at the first instance criminal court in Yerevan. The visits were conducted at the Ajapnyak-1, Shengavit, Kentron, and Avan facilities.

The conditions in the temporary holding cells of the mentioned courts and the transportation vehicles used for transferring detainees were examined. Private conversations were held with individuals deprived of liberty, court staff, judicial officers, and police escort unit personnel.

During the assessments, the following issues were noted: inadequate conditions in the cells of the Shengavit, Kentron, and Avan facilities. The toilets in the Kentron and Avan cells were not operational due to being improperly connected to the main sewage system. Consequently, persons deprived of liberty, together with police escort unit personnel, had to use the toilets located in the corridor of the holding area. There was also a lack of access to running water in the Avan and Kentron cells.

All cells in the Ajapnyak-1 facility, as well as some cells in the Kentron and Avan facilities, lacked windows and adequate natural and artificial lighting. Insufficient space in the cells posed challenges for proper conditions for the care of individuals deprived of liberty. Specifically, it was reported that due to a high number of detainees and the limited number of cells, up to 10 or more individuals were forced to be held in one cell (in the Kentron facility, the cell area is about 10 square meters), or they were kept in the police escort unit’s transport vehicles until the start of a court hearing (in the Shengavit facility).

The toilets examined were not fully separated from the living area of the cell by a complete wall and lacked doors. Furthermore, in some cells, the partitions were so short that they did not fully cover individuals. This situation is particularly unacceptable from the perspective of human dignity and the inviolability of personal privacy, especially when the individual deprived of liberty is a woman and the escorting personnel are mostly male.

It is also unacceptable that the toilets in the cells were mainly of the Asian type, and the cells and toilets within the courts were not adapted to meet the needs of persons with mobility issues. Given that the court buildings are also not accessible to persons with mobility issues, transporting individuals from the cells to courtrooms is deemed unacceptable in terms of human rights and dignity.

In addition, all examined cells also showed a need for renovation; plaster was fallen off the walls, and visible cracks were present. The cells in Shengavit, Kentron, and Avan lacked hygiene supplies such as soap and toilet paper, and not all cells had trash bins.

No conditions were available in any cell for individuals deprived of liberty to receive food. In all examined holding areas, there was an absence of tables, utensils, etc. There were also reports indicating that no food was provided to individuals deprived of liberty from correctional institutions.

A lack of uniform practice regarding the acceptance of packages for individuals held in court cells was recorded. For instance, packages for individuals held in the Ajapnyak-1, Shengavit, and Kentron facilities were not accepted at all, whereas packages were only accepted for arrested individuals in the Avan facility, subject to the approval of the police escort unit personnel.

Issues were also noted regarding individuals deprived of liberty receiving legal assistance and the organization of meetings with lawyers. According to the information provided, meetings between an individual and their lawyer in the court building were organized in the courtroom in certain cases, before the start of the court hearing.

During the monitoring, the vehicles used for transporting individuals deprived of liberty to court were also examined; the dimensions of the vehicle cells did not comply with international standards and lacked adequate lighting and ventilation, and they were not adapted for individuals with mobility difficulties.

These issues are systemic and have been consistently reported in the Human Rights Defender’s reports. The results of the visit will be summarized, and relevant recommendations will be presented to the appropriate state authorities.