On
the instructions of the Human Rights Defender, another rapid response group of
the Human Rights Defender Office visited Investigative Department of the
Kentron and Nork-Marash Administrative Districts of the Yerevan City
Investigative Division of the Investigative Committee of the Republic of
Armenia, where the Primate of the Aragatsotn Diocese, Bishop Mr. Mkrtich
Proshyan, is located.
During
the private interviews conducted during the visits of the Human Rights
Defender’s representatives, they were informed that individuals holding the
procedural status of a witness had been brought before the investigative body
without proper adherence to criminal procedural requirements. The Defender has
repeatedly addressed this issue and reiterates the position that any case of de
facto deprivation of liberty must comply with the established criteria of
lawfulness and be carried out strictly within the framework of criminal
procedure. These cases will remain under the direct attention of the Human
Rights Defender—both for guaranteeing the protection of the individuals’ rights
and for identifying and eliminating systemic issues.
The
Human Rights Defender also considers unacceptable the cases of creating
obstacles to the entry of lawyers who arrive at the body conducting the
proceedings for the purpose of providing legal assistance to individuals, as
well as to their meetings with their clients. The Defender has consistently
emphasized that the entry of lawyers and their ability to meet with their
clients are aimed at ensuring the full realization of the individual’s rights.
Such
a practice jeopardizes the proper exercise of the right to legal assistance for
persons located in the premises of the body conducting the proceedings,
particularly those subject to criminal prosecution, as well as the proper
realization of other rights related to it. In addition, during the private
interview, the representatives of the Human Rights Defender’s Office were
provided with concerning information that a person deprived of liberty had not
been given the opportunity to inform a person of their choice about their
whereabouts.
The
Defender emphasizes that this practice must be completely excluded. Taking this
into account, the Defender draws the attention of the competent authorities to
the current situation, emphasizing the urgent resolution of the problems that
have arisen.
At
the same time, the Defender, emphasizing the need for a comprehensive, full and
objective investigation in every criminal proceeding, specifically notes that
the processes must be guided by the guarantees of respect for human rights and
the fundamental principle of the primacy of human rights.
The
results of the visits will be summarized by the Human Rights Defender's Office
and necessary clarifications will be requested from the competent authorities.
It
should be added that, on the Defender’s instruction, the staff of the Human
Rights Defender’s Office remains in contact with the lawyers, including
providing them with information on the whereabouts of their clients.
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