PREFACE
The 18 December 2002 Optional Protocol to the 1984 United
Nations Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment (hereinafter “OPCAT”) provides
for the establishment of an independent National Preventive
Mechanism that will have broad powers, unrestricted access to and the
possibility of conducting examinations in all the places where people
may be deprived of their liberty.
After ratifying OPCAT, a 2008 amendment to the Republic of
Armenia Law on the Human Rights Defender (adopted on 21 October
2003) designated the Human Rights Defender of the Republic of
Armenia as the independent National Preventive Mechanism stipulated
by OPCAT. Subsequently, due to the Constitutional Amendments of 6
December 2015, the National Assembly of the Republic of Armenia
adopted (on 16 December 2016) the Republic of Armenia Constitutional
Law on the Human Rights Defender, Paragraph 2 of Article 2 of which
vested with the Human Rights Defender of the Republic of Armenia the
status of the National Preventive Mechanism stipulated by OPCAT.
According to Article 27 of the said Constitutional Law, the aim of the
Defender’s activities in the capacity of the preventive mechanism is to
prevent torture and other cruel, inhuman or degrading treatment in
places of deprivation of liberty.
To safeguard the unrestricted exercise of the Defender’s power to
visit places of deprivation of liberty in the capacity of the National
Preventive Mechanism, Article 28 of the Constitutional Law defines the
following scope of “places of deprivation of liberty”:
1) Places for holding arrested and detained persons;
2) Penitentiary institutions;
3) Psychiatric organizations;
4) Garrison disciplinary isolators;
5) Vehicles designated for transporting persons deprived of liberty;
and
6) Any other place in which a person has or may be deprived of
liberty by a decision, order, or instruction of, or with the consent or
permission of a state government or local self-government body or
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