CAT/C/ARM/CO/3
Coerced confessions
16.
The Committee is concerned by allegations that forced confessions are used as evidence in
courts in the State party. The Committee is further concerned by reports that courts have
failed to stay criminal proceedings in which the defendant has alleged that a confession was
obtained through torture, and to request thorough investigations. The Committee is further
concerned about the lack of information provided regarding cases in which the State party’s
courts deemed confessions to be inadmissible as evidence on the grounds that they were
obtained through torture (art. 2, 11, 15 and 16).
The Committee urges the State party to ensure that, in practice, statements obtained by torture are
not invoked as evidence in any proceedings. The State party should ensure that, in any
case in which a person alleges that a confession was obtained through torture, the
proceedings are suspended until the claim has been thoroughly investigated. The
Committee urges the State party to review cases of convictions based solely on
confessions.
The Committee urges the State party to firmly combat any use of torture to extract confessions, and
ensure that in practice confessions obtained through torture are never used as
evidence in judicial proceedings. The State party should ensure that legislation
concerning evidence to be adduced in judicial proceedings is brought in line with
article 15 of the Convention and provide information on whether any officials have
been prosecuted and punished for extracting such confessions.
Independence of the judiciary
17.
The Committee is concerned by reports of the lack of independence of the judiciary, in
particular by the fact that responsibility for appointing, promoting and dismissing judges
rests with the President and executive branch. The Committee is further concerned that the
State party’s legislation provides for criminal liability against judges for adopting an unjust
judgment or other judicial act (arts. 2, 12 and 13).
The State party should take measures to ensure the full independence and impartiality of the
judiciary in the performance of its functions, and review the regime of appointment,
promotion and dismissal of judges in line with the relevant international standards,
including the Basic Principles on the Independence of the Judiciary, which provides,
in part, that judges shall be subject to suspension or removal only for reasons of
incapacity or behaviour that renders them unfit to discharge their duties.
Violence against women, including trafficking
18.
The Committee is concerned by the reported extent of physical and sexual violence against
women. Furthermore, it is concerned that women rarely report ill-treatment and violence
against them to the police. The Committee is particularly concerned by reports that there
are no State-funded shelters available for women victims of domestic violence, which is not
criminalized in the State party. The Committee regrets that the State party did not provide
information on reparation and compensation, including rehabilitation, provided for victims
of violence against women. While noting favourably that various national action plans for
combating trafficking in human beings have been adopted during the period under
consideration, the Committee is concerned by reports that Armenia remains both a source
and destination country for women and girls subjected to trafficking (arts. 2, 12, 13 and 16).
The State party should strengthen its efforts to prevent, combat and punish violence
against women and children, in particular domestic violence, inter alia, by amending
its criminal legislation to make domestic violence a separate crime, conducting
awareness-raising campaigns and training on domestic violence for law enforcement
personnel and for the public at large, and providing victims of violence with
immediate protection and redress, in particular rehabilitation.
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