CAT/OP/ARM/1
of the Expert Council), with the support of staff of the HRDO Department for the
Prevention of Torture and Violence and Expert Council representatives. The project ended
on 30 March 2013, with over 130 visits conducted in total.
30.
One of the consequences of this lack of funding was the inability of the HRDO to
pay for the expenses of the members of the Expert Council. This led to the amendment in
February 2012 of the Order establishing the Expert Council, with the effect that the Expert
Council was supposed to perform its functions totally independently and without
administrative support from the HRDO. The Expert Council continued its visits in March
and April 2012 in a supporting capacity to the NPM but discontinued functioning from
May/June 2012 due to a continued lack of funding. Up to that point, all the expenses for the
monitoring activities of the Expert Council seem to have been paid for by the members
themselves. Therefore, the Expert Council is currently solely dependent on project funding
and cannot be regarded as an effective part of the Ombudsman “plus” model.
31.
In addition, the current dire financial situation of the NPM has also impacted the
capacity of the NPM to issue periodic and ad hoc reports.
32.
The SPT urges the State party to provide the NPM, in its current and future
form, with the financial resources needed in order for it to be able to systematically
and adequately accomplish all tasks it is mandated to fulfil, in line with paragraphs 8,
11 and 12 of the NPM Guidelines, as well as paragraph 40.8 of the national human
rights strategy of 2012 developed by the Security Council of Armenia. The State party
should ensure funding to the NPM through a separate line in the national annual
budget referring specifically to the NPM. This funding should be at such a level as to
allow the NPM to carry out its visiting programme in all regions of the country and to
conduct follow-up visits, recalling that an adequate budget helps secure the functional
and perceived independence of the NPM. It should also allow the NPM to draw up
annual work plans for visits, and to systematically enlist the support of bodies it is
cooperating with. Such funds should also be sufficient for the logistical and other
infrastructure related needs, including publication of its reports and relevant
dissemination tools, arising from the execution of its mandate.
33.
Human resources. The SPT notes that the current capacity of the HRDO to conduct
visits is severely limited. The Department for Prevention of Torture and Violence of the
HRDO consists of 3 professionals (the head of the department, a lawyer and a doctor),
whilst, as of August 2013, the position of psychologist is vacant.
34.
The SPT emphasizes that the State should ensure that the NPM is able to carry
out visits in the manner and frequency that the NPM itself decides, providing the
NPM with the necessary resources to permit the effective operation of the NPM.
Besides the necessary financial resources, this obligation also entails enabling the
NPM to have a sufficient number of staff and guaranteeing their independence.
35.
The SPT also notes that there are no formal requirements for membership in the
NPM Expert Council as neither the amended 2003 Act on the Public Defender nor the 2010
Order by the Public Defender on the Torture Prevention Expert Council contain any
particulars. There is also no requirement of expertise in the field of torture prevention and
no statute on holding incompatible positions or a prohibition to sit on more than one
monitoring mechanism.
36.
The SPT recommends that the State party ensure that the NPM, in its current
and future format, is staffed with a sufficient number of personnel so that its capacity
reflects the number of places of detention within its mandate, as well as be sufficient to
fulfil its other essential mandated functions under the Optional Protocol. The SPT
also recommends that the State party ensure that these experts have the required
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