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Publications: 103 • RUS

Law of RA on Treatment of Arestees and Detainees

Armenian Legislation

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February 6, 2002
Non official translation

CHAPTER 1.
GENERAL PROVISIONS

Article 1. Subject of the Law

This law defines the general principles, conditions and procedures for keeping of arrestees or detainees under arrest or detention in accordance with procedures set out in the Criminal Procedural Code of the Republic of Armenia (henceforth, the Criminal Procedural Code), as well as the rights of arrestees and detainees, guarantees for ensuring their rights, their responsibilities, and procedures for releasing these persons from arrest or detention.

Article 2. General Principles for Keeping Arrestees Under Arrest and Detainees Under Detention

Arrestees and detainees shall be kept under arrest or detention on the basis of principles of legality, equality of arrestees or detainees before the law, humanitarianism, respect for human rights, freedoms and dignity, and in compliance with the Constitution of the Republic of Armenia, the Criminal Code and the Criminal Procedural Code of the Republic of Armenia, and the well-known principles and norms of international law.

It shall be forbidden to use physical violence, as well as inhuman or degrading actions towards arrestees or detainees.

The procedures and conditions for keeping arrestees and detainees under arrest and detention, set out in this law, shall be applied to all arrestees or detainees regardless of their nationality, race, sex, language, religion, political or other views, social origin, property or other status.

Article 3. Grounds for Keeping a Person in Places of Arrest or Detention

An arrest warrant drawn up in compliance with the Criminal Procedural Code or a decision by a prosecuting body about arrest shall serve as grounds for keeping a person in places of arrest.

A court decision on choosing detention as a means of preventive punishment, passed in accordance with the Criminal Procedural Code, shall serve as a ground for keeping a person in places of detention.

It shall be forbidden to admit and keep a person in places of arrest and detention in the absence of the grounds described in the first or the second paragraphs of this article.

Article 4. Places of Arrest and Detention

Places of arrest and detention shall operate within the structure of authorized government bodies of the Republic of Armenia.

Places of arrest and detention shall be established, reorganized or liquidated by decision of the Government of the Republic of Armenia.

Article 5. Use of Correctional Facilities for Keeping Persons under Arrest or Detention

Convicts serving their sentences in correctional facilities, who are suspected in or charged with a new crime, may be kept in specially equipped sections of the same facility, in isolation from other convicts.

Persons mentioned in the first paragraph of this article may be transferred to medical facilities on the grounds specified in the legislation, on the basis of a doctor


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