CAT/C/ARM/CO/3
during the clashes remains ongoing. The Committee is also concerned about persistent
allegations that in the immediate aftermath of the violence, many individuals were
arbitrarily detained, denied the right to access to a lawyer of their choice, and subjected to
ill-treatment in custody, and that these allegations have not been adequately investigated
(arts. 2, 12, 13 and 16).
The State party should expedite the investigation into the 10 deaths resulting from the violence
following the February 2008 elections and ensure that any law enforcement official
found to have used excessive or indiscriminate force is prosecuted and punished with
sentences appropriate to the gravity of the crime, and that the families of victims are
provided with redress, including compensation. The State party should also ensure
that broader allegations of excessive and indiscriminate use of force, ill-treatment and
denial of safeguards by the police in the aftermath of these elections are independently
and effectively investigated. The State party should take measures to ensure that
individuals believed to have knowledge of the March 2008 events are effectively
protected from reprisals and intimidation.
Juvenile justice
21.
The Committee regrets the absence of juvenile justice, including juvenile courts. The
Committee notes the establishment of a public monitoring group, consisting of
representatives of non-governmental organizations, mandated to carry out monitoring of
special boarding schools. However, the Committee is concerned about the reported practice
of holding juvenile detainees in solitary confinement for up to 10 days as a disciplinary
sanction at such special schools (arts. 11, 12 and 16).
The Committee encourages the State party to establish a juvenile justice system, and particularly to
establish a specialized juvenile division or jurisdiction with judges with professional
competence to deal with juvenile cases and other judicial staff, and ensure its proper
functioning in compliance with international standards. The State party should closely
monitor the situation of special schools to ensure that children are not subjected to
intimidation, ill-treatment or violence. The State party should limit the use of solitary
confinement as a measure of last resort, for as short a time as possible under strict
supervision and with a possibility of judicial review. Solitary confinement of juveniles
should be limited to very exceptional cases.
Effectiveness of the Human Rights Defender
22.
The Committee is concerned by the lack of adequate resources for the Human Rights
Defender (ombudsman), who has been designated the national preventive mechanism of
Armenia, to carry out his mandate effectively. It is also concerned that some
recommendations made by the Human Rights Defender to the authorities are not
implemented (arts. 2 and 12).
The Committee recommends that the State party provide the resources necessary for the Office of
the Human Rights Defender to carry out its double mandate as the ombudsman and
national preventive mechanism of Armenia in an effective manner in accordance with
the guidelines on national preventive mechanisms established by the Subcommittee on
Prevention of Torture. The State party should ensure that law enforcement,
prosecutorial, military and prison personnel cooperate with the Human Rights
Defender and take steps to implement his recommendations.
Alternative service
23.
8
While taking note of the draft law to amend and supplement the law on alternative military
service, the Committee remains concerned by the State party’s acknowledgement that it
continues to hold many individuals in detention for evading military service, some of