CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE
19 OF THE CONVENTION
Conclusions and recommendations of the Committee against Torture
84. The Committee considered the initial report of Armenia (CAT/C/24/Add.4/Rev.1)
at its 245th and 246th meetings, on 30 April 1996 (CAT/C/SR.245 and
246), and has adopted the following conclusions and recommendations:
85. The Committee welcomes the report of Armenia together with its
core document (HRI/CORE/1/Add.51) and the valuable oral introduction
given by the delegation of the State party.
86. The Committee welcomes the integration of the prohibition against
torture in the newly adopted Constitution.
87. Similarly, it welcomes the creation of the Centre for Human Rights
and Democracy in Erevan and the new agreement between Armenia and
the International Committee of the Red Cross, which gives the latter
the right to visit Armenian prisoners.
88. The Committee is encouraged by the information given to it about
the developments in the reform of the Armenian legal system: it seems
that high priority is given to human rights.
3. Factors and
difficulties impeding the applicationof the provisions of the Convention
89. The Committee is aware of the very difficult economic situation
existing in Armenia and of the difficulties involved in its transition
from one system of governance to another one that is based on democracy.
The Committee also acknowledges the particular consequences of Armenia's
unstable border situation.
90. The Committee has taken these matters into consideration in formulating
its conclusions and recommendations. However, the Committee emphasizes
that the difficult situation of the State party can never provide
a justification for failure to comply with its obligations under the
91. The Committee is concerned at the fact that Armenia has not considered
it appropriate to introduce a specific definition of the crime of
torture in its penal legislation.
92. It is not clear whether the provisions of article 2 of the Convention
are adequately reflected in the domestic law of Armenia.
93. The Committee is concerned at the fact that it is not clear whether
the laws, regulations and practices in Armenia effectively prohibit
that a person be sent back to a country where he or she would be in
danger of being subjected to torture.
94. The Committee has doubts about the effectiveness of the provisions
for the safeguard of persons in police custody.
95. Finally, the Committee is concerned about the number of allegations
it has received with regard to ill-treatment perpetrated by public
authorities during arrest and police custody.
96. The Committee recommends that a definition of torture in conformity
with the definition appearing in article 1 of the Convention be inserted
into Armenian domestic legislation as a separate type of crime.
97. The Committee emphasizes that orders received from a superior
implying the perpetration of an act of torture are illegal and should
be sanctioned under criminal law. In addition, they cannot be considered
by the person receiving such orders as justification for having committed
torture. This should be clearly incorporated into the domestic law.
98. The Committee recommends that legal and practical measures be
taken by the Armenian authorities to guarantee that a person be not
expelled, returned (refoulé) or extradited to another State
where there are substantial grounds for believing that he or she would
be in danger of being subjected to torture.
99. The Committee understands that the Government of Armenia is presently
developing the jurisdiction of the Constitutional Court; the Committee
recommends that the Government consider the possibility of establishing
an effective and reliable judicial review of the constitutional rights
of those who are illegally detained.
100. The Committee further recommends that Armenian authorities give
high priority to the training of personnel enumerated in article 10
of the Convention.
101. The Committee recommends that the allegations of ill-treatment
that were brought to its attention be duly investigated and that the
result of such investigations be transmitted to the Committee.