Anna Hakobyan Issues Statement

“I think Mrs. Hakobyan does not have a clear understanding of what torture is and who can inflict it...” These words were publicly directed at me today. Anna Hakobyan wrote about this.

So, let’s collectively imagine what torture is and who can inflict it.

CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (December 10, 1984)

The states parties to this Convention, recognizing that, according to the principles proclaimed in the Charter of the United Nations, the recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, acknowledging that these rights derive from the inherent dignity of the human person, taking into account the obligation of States under the Charter, in particular Article 55, to promote universal respect for and observance of human rights and fundamental freedoms, considering also Article 5 of the Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil and Political Rights, which both provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, recalling also the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the General Assembly on December 9, 1975, wishing to make more effective the struggle against torture and other cruel, inhuman or degrading treatment or punishment throughout the world, have agreed as follows:

Article 1
The term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.

Article 2
1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.

3. An order from a superior officer or a public authority may not be invoked as a justification of torture.

Article 4
1. Each State Party shall ensure that all acts of torture are offenses under its criminal law.

2. The same shall apply to acts of an attempt to commit torture and to any act by any person which constitutes complicity or participation in torture.

2. Each State Party shall establish appropriate penalties for these offenses, taking into account their grave nature.

The Convention has been in force for the Republic of Armenia since October 13, 1993. The Criminal Code of the Republic of Armenia absolutely prohibits torture based on international norms. Torture is classified as infliction of severe physical or mental suffering by a public official or a person acting on behalf of the state. Its application is never justified under any circumstances.

Main Provisions:

• Definition: Torture is the act of inflicting severe physical or mental suffering by a public official or another person with his consent for the purpose of obtaining information, punishment, or intimidation.
• Absolute Prohibition: The application of torture is prohibited under any circumstance (war, emergency) in international law and RA legislation.
• Criminal Accountability: Torture is considered a serious crime and is subject to criminal prosecution.
• New Criminal Code: The new Criminal Code of the RA (in force since 2022) clarifies crimes against human life and health, including torture.

Detailed provisions on torture are stipulated in the relevant articles of the RA Criminal Code.

P.S. I think everything is very clear now; we now know “what torture is and who can inflict it.”