official, as well as any place that a person is not free to leave without a
decision or permission of a court or an administrative or other authority
or official.
After entry into force of the Republic of Armenia Constitutional Law
on the Human Rights Defender, an effective mechanism has been
adopted on the basis of the internationally-accepted principles for the
Defender to combine the functions of the National Preventive
Mechanism and the Ombudsman.
The examination of individual complaints and the ex officio
examination of issues by the various subdivisions of the Staff of the
Human Rights Defender reveals the problems related to specific
situations in places of deprivation of liberty, while the monitoring by the
Department for the Prevention of Torture and Ill-Treatment allows
examining the whole system irrespective of the existence of complaints.
Moreover, the individual cases that transpire during the monitoring
are transferred to the subdivision that examines them and vice versa—
systemic issues that are revealed through individual complaints are
presented to the subdivision responsible for the preventive mechanism,
thereby ensuring a flexible system for information sharing.
To safeguard the performance of the National Preventive
Mechanism’s functions, a standalone subdivision—the Department for
the Prevention of Torture and Ill-Treatment—operates within the Staff of
the Human Rights Defender.
The Department engages in its activities lawyers, as well as a
doctor. The Defender has engaged in the work of the preventive
mechanism certain independent experts from the academia and nongovernmental organizations (a psychologist, a sociologist, and doctors,
including a psychiatrist).
The monitoring related to places of deprivation of liberty is carried
out using special methodology and on the basis of guidelines
developed specifically for such monitoring. The information and
documents collected by representatives of the National Preventive
Mechanism in the course of the monitoring visits are analyzed and
compared to the legislative framework on the sector in order to reveal
practical problems as well as legislative regulation gaps and
shortcomings.
8