Armenia’s Justice Ministry proposes anonymous reporting system for rights violations by prisoners

Armenia to create anonymous reporting for prisoners

The Armenian government is considering implementing a system that would allow prisoners to anonymously report rights violations in detention facilities. If the Ministry of Justice’s proposal is approved, conditions will be established in correctional facilities to enable the submission and receipt of anonymous reports, and procedures for handling such reports will be outlined.

“Conditions will be created for anonymously reporting cases of torture, inhuman or degrading treatment, and punishments,” the justification for the draft law states.

The Ministry of Justice’s initiative has already been published on the e-draf platform, where all legal acts are made available for public discussion. Experts also provide their opinions, propose changes, and vote for or against various initiatives on the platform.

According to the published draft, the Ministry of Justice plans to introduce mechanisms enabling prisoners to report rights violations without fear. This would ensure full legal protection for them while also reducing the number of violations and facilitating the detection of those already committed.

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No special conditions for filing anonymous reports yet

Individuals held in correctional facilities under the Ministry of Justice, including convicted prisoners, currently have the option to file complaints or make statements, including through “hotline” services.

However, the authors of the proposal emphasize that there are no “special conditions for submitting anonymous reports of torture, inhuman or degrading treatment, or unlawful punishment.”

To establish such conditions, the Ministry of Justice is proposing amendments to the Criminal Code and the Law “On the Detention of Arrested and Imprisoned Persons.” These amendments would define both the conditions for submitting such reports and the procedures for their review.

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The need to create effective mechanisms for reviewing prisoners’ complaints is outlined in Armenia’s 2023-2025 National Human Rights Strategy Action Plan.

According to this plan, the following strategic objectives have been set:

• “Implement mechanisms for anonymous reporting of torture, inhuman or degrading treatment, and punishment in detention facilities to improve the realization of the right to freedom from torture and other cruel, inhuman, or degrading treatment or punishment.
• Legally provide for more effective protection mechanisms during the review of complaints from individuals deprived of liberty.”

Chapter 23 of Armenia’s Criminal Code defines the procedures for appealing actions, decisions, or omissions by penitentiary staff. However, the authors of the new initiative argue that “procedural mechanisms are not clearly defined, and the most effective mechanisms for reviewing complaints from individuals deprived of liberty are lacking.”

According to the action plan, the Ministry of Justice must, by 2023-2025, develop legislative mechanisms to “prevent the continuation of alleged violations and, if necessary, ensure compensation for damages caused.”

Armenia to create anonymous reporting for prisoners