E/CN.4/2001/66
page 18
Committee was concerned at allegations indicating that torture and excessive use of force by
police officials were “a widespread problem and that government mechanisms established to
address it are inadequate” (CCPR/CO/70/ARG of 3 November 2000, para. 12). The Committee
was also deeply concerned that prison conditions fail to meet the requirements of the prohibition
of torture and ill-treatment and the right to be treated with humanity and respect for human
dignity, and considered “the severe overcrowding and the poor quality of basic necessities and
services, including food, clothing and medical care, to be incompatible with the right to be
treated with humanity and with respect for the inherent dignity of the human person to which all
persons are entitled. It has been established, in addition, that there are abuses of authority by
prison officials, such as torture and ill-treatment, and corruption. While noting the plans under
way to construct new prison facilities, the Committee recommends that immediate attention be
paid to the need to provide adequately for the basic necessities of all persons deprived of their
liberty.” (ibid., para. 11). Also, while drawing attention to positive measures taken recently to
overcome past injustices, including the repeal in 1998 of the Law on Due Obedience and the
Punto Final Law, the Committee was concerned that “many persons whose actions were covered
by these laws continue to serve in the military or in public office, with some having enjoyed
promotions in the ensuing years. It therefore reiterates its concern at the atmosphere of impunity
for those responsible for gross human rights violations under military rule. Gross violations of
civil and political rights during military rule should be prosecutable for as long as necessary,
with applicability as far back in time as necessary, to bring to justice their perpetrators. The
Committee recommends that rigorous efforts continue to be made in this area and that measures
be taken to ensure that persons involved in gross human rights violations are removed from
military or public service.” (ibid., para. 9).
Armenia
51.
By letter dated 5 October 2000, the Special Rapporteur advised the Government that he
had received information in relation to the armed attack on the Parliament on 27 October 1999.
A number of men are said to have been arrested, held incommunicado and ill-treated while in
detention. In particular, the Special Rapporteur has received information on the following
individual cases.
52.
Nairi Badalian, a former journalist, was reportedly arrested in November 1999 and
released on 3 June 2000. All charges against him are believed to have been dropped. During his
detention in the Nurabashen investigation-isolation prison in Yerevan, he was allegedly made to
stand outside in freezing temperatures in the winter without warm clothing, doused with water,
chained to a metal chair while some 10 people beat him, knocking out some of his teeth, and
deprived of sleep.
53.
Musheg Movsisian was reportedly charged with complicity in the 27 October 1999
armed attack. He was reportedly detained on 6 November 1999 and was initially held at the
investigation prison of the Ministry for National Security in Yerevan before being transferred to
Nurabashen prison in Yerevan. It is alleged that, before his transfer to Nurabashen, he was
subjected to torture consisting of severe beatings and of being hit on the soles of his feet with a
baton. On 23 December 1999, his lawyer reportedly requested a forensic medical examination,
which was granted.
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