- 18 -
(e)
Cooperation between government authorities and non-governmental
organizations;
(f)
The State party’s decision to establish the post of Ombudsman.
C. Factors and difficulties impeding the application of the Convention
36.
The Committee takes note of the transition problems the State party now faces.
D. Subjects of concern
37.
The Committee is concerned about the following:
(a)
The fact that the draft Penal Code does not include some aspects of the definition
of torture contained in article 1 of the Convention;
(b)
The fact that the rights of persons deprived of liberty are not always respected;
(c)
The existence of a regime of criminal responsibility for judges who commit errors
in their sentences on conviction, since it might weaken the judiciary;
(d)
The lack of effective compensation for victims of acts of torture committed by
government officials in contravention of the provisions of article 14 of the Convention;
(e)
Poor prison conditions and the fact that prisons come under the authority of the
Ministry of the Interior;
(f)
The ongoing practice of hazing (“dedovshchina”) in the military, which has led to
abuses and violations of the relevant provisions of the Convention. This practice also has a
devastating effect on victims and may sometimes even lead to their suicide.
38.
The Committee notes with concern that the State party has not taken account in its
second periodic report of the recommendations the Committee made in connection with the
initial report of Armenia in April 1996. In particular, it has not communicated the results of the
inquiry on the allegations of ill-treatment that were brought to the Committee’s attention.
E. Recommendations
39.
The Committee makes the following recommendations:
(a)
Although Armenian legislation contains various provisions on some aspects
of torture as defined by the Convention, the State party must, in order genuinely to fulfil its
treaty obligations, adopt a definition of torture which is fully in keeping with article 1 and
provide for appropriate penalties;
(b)
Counsel, family members and the doctor of their own choice must be
guaranteed immediate access to persons deprived of liberty;