CAT/C/ARM/CO/4
investigated; review cases of convictions based solely on confessions and provide
redress to victims; ensure that officials who extract such confessions, including
persons liable under the principle of command responsibility, are brought to justice,
and are prosecuted and punished accordingly. The State party should also provide the
Committee with information on cases in which confessions were deemed inadmissible
on the grounds that they were obtained through torture and on the revision of
convictions based on such confessions and indicate whether any officials have been
prosecuted and punished for extracting such confessions.
Pretrial detention
15.
The Committee is concerned at the extensive use of pretrial detention as a preventive
measure, noting that 96 per cent of such motions are approved by courts, according to a
study conducted by experts of the Office of the Human Rights Defender. It is also
concerned at the reported failure of courts to justify the necessity of pretrial detention based
on an assessment of individual circumstances. The Committee notes that representatives of
the Association of Judges informed the Commissioner for Human Rights of the Council of
Europe that judges are reluctant to grant preventive measures other than detention, as their
decision is likely to be reversed on the basis of a complaint lodged by the prosecution. 1 The
Committee is also concerned at allegations of: (a) lengthy pretrial detention of up to three
years and more and the adverse impact of pretrial detention on the health of detainees,
including in the case of Hrachya Gevorgyan; and (b) instances in which pretrial detention
had been used to pressure individuals and their lawyers into making incriminating
statements (arts. 2 and 11).
16.
The State party should:
(a)
Ensure that pretrial detention is used as an exception, is applied for
limited periods of time, is clearly regulated and is subject to judicial review at all
times in order to guarantee fundamental legal and procedural safeguards;
(b)
Ensure that no one is held in pretrial detention for longer than
prescribed by law;
(c)
Decrease the resort to pretrial detention by ensuring a wider use of noncustodial preventive measures, in accordance with the United Nations Standard
Minimum Rules for Non-custodial Measures (the Tokyo Rules), and provide the
Committee with statistical data on the percentage of cases in which non-custodial
measures have been applied by courts;
(d)
Ensure that redress and compensation are provided to victims of
unjustifiably prolonged pretrial detention.
Effective investigation of allegations of torture and ill-treatment
17.
The Committee welcomes the legislative and institutional measures taken by the
State party to combat torture and ill-treatment (see paras. 3 (a) and 4 (a) above). However,
it remains concerned at the persistent allegations of torture and ill-treatment perpetrated by
law enforcement officials during arrest, detention and interrogation and at the remaining
deficiencies in investigating and prosecuting such complaints effectively, in particular by
the Special Investigation Service, as evidenced by the discrepancy between the number of
recorded complaints of torture and the particularly low number of resulting investigations
and prosecutions. In this respect, the Committee is concerned at the reported practice of
temporarily suspending officers suspected of torture and subsequently appointing them to
1
See Council of Europe, document CommDH (2015)2, para. 50.
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