A/67/44
C.
Principal subjects of concern and recommendations
Allegations of torture and ill-treatment in police custody
(8)
The Committee is seriously concerned by numerous and consistent allegations,
corroborated by various sources, of routine use of torture and ill-treatment of suspects in
police custody, especially to extract confessions to be used in criminal proceedings (arts. 2,
4, 12 and 16).
As a matter of urgency, the State party should take immediate and effective steps to
prevent acts of torture and ill-treatment throughout the country. The Committee
urges the State party to promptly, thoroughly and impartially investigate all incidents
of torture, ill-treatment and death in custody; prosecute those responsible; and report
publicly on the outcomes of such prosecutions. In addition, the State party should
unambiguously reaffirm the absolute prohibition of torture and publicly warn that
anyone committing such acts or otherwise complicit or acquiescent in torture will be
held personally responsible before the law for such acts and will be subject to criminal
prosecution and appropriate penalties.
Hazing and ill-treatment in the armed forces
(9)
The Committee remains concerned by allegations that suspicious deaths continue to
occur in the Armenian Armed Forces under non-combat conditions and that the practice of
hazing and other mistreatment of conscripts by officers and fellow soldiers continues,
conducted by or with the consent, acquiescence or approval of officers or other personnel.
While noting the information provided by the delegation, the Committee remains concerned
about reports that investigations carried out into many such incidents have been inadequate
or absent, including the investigations into the deaths of Vardan Sevian, Artak Nazerian,
and Artur Hakobian. The Committee is further concerned at the reported absence of
effective investigations into allegations of abuse, such as those made against Vardan
Martirosian, and the inadequate punishments of those convicted for the abuses (arts. 2, 4,
12, 13 and 16).
The State party should reinforce measures to prohibit and eliminate hazing in the
armed forces and ensure prompt, impartial and thorough investigation of all
allegations of hazing and non-combat deaths in the military. Where evidence of hazing
is found, the State party should ensure prosecution of all incidents and appropriate
punishment of the perpetrators, make the results of those investigations public, and
provide compensation and rehabilitation for victims, including through appropriate
medical and psychological assistance.
Definition, absolute prohibition and criminalization of torture
(10) The Committee is concerned that national legislation criminalizing “torture” (article
119 of the Criminal Code) does not conform to the definition of torture in accordance with
article 1 of the Convention, and that torture, as presently defined by the State party, does
not include crimes committed by public officials, only by individuals acting in a private
capacity, with the result that no public official has ever been convicted of torture by the
State party. It is also concerned by reports that officials have closed cases of allegations of
torture on the basis of reconciliation of the defendant with the victim. It is further
concerned that current sanctions (a minimum of three years’ imprisonment, and up to seven
years’ imprisonment with aggravating circumstances) do not reflect the gravity of the
crime. Finally, it is concerned that several individuals convicted of torture or ill-treatment
under other articles of the Criminal Code have been granted amnesty (arts. 1 and 4).
While appreciating the delegation’s oral statement that it intends to amend the
Criminal Code, the Committee recommends that the State party ensure that the
definition of torture is in full conformity with articles 1 and 4 of the Convention. The
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GE.12-44492
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