June 26: International Day in Support of Victims of Torture (video)

There is no statistics on how many people annually become victims of torture. Cases of torture are not revealed very often, as victims rarely raise the issue being frightened that the consequences could be even worse.

Levon Ghulyan’s death at the police made immense public resonance. He was summoned to the police as a witness on the 12th of May, 2007. No one has been held accountable for his death to date. The lawyers present at the forensic examination of the body, refused to provide details, but said that there were traces of violence on the body.

On the 13th of April 24 year-old Vahan Khalafyan died at Charentsavan Police Station. Human rights defenders and the relatives of the deceased claim that Khalafyan was killed. The case is currently under appeal.

Stepan Hovakimyan, who is charged with the organization and implementation of a theft at Moscow cinema on the 10th of January, 2010, declared at the Court of First Instance of Kentron and Nork-Marash administrative districts that coercive methods were used towards him to make him confess.

Another case of torture and degrading treatment took place in May 2009 in Katnaghbyur village of Aragatsotn region against Sasha Davtyan who was charged with raping his daughter. The victim of the case and her sister were also subjected to torture and inhuman and degrading treatment at RA Central Police Department over four days. On the 17th of December 2009, the Court of First Instance of Aragatsotn region declared Sasha Davtyan innocent.. However, no investigation was carried out in regard of torture, about which there were statements at the court hearings and nobody was held accountable for it.

Armenia has joined the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 1993. The high contracting parties should report the Committee against Torture on the taken measures in regard of the obligations taken under the Convention. Article 119 of the RA Criminal Code defines torture, which is not in compliance with Article 1 of the UN Convention.

RA Criminal Code defines torture as a crime of medium gravity without specifying the subjects, i.e. without mentioning that pain or suffering should be inflicted by or at the instigation of or with the consent or acquiescence of a public official. The article does not either define the purpose of causing a person pain or suffering, i.e. for obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind.

The elements of torture given in Article 1 of the Convention are reflected in Article 341 (Forcing testimony by the judge, by the prosecutor, by the investigator or by the person in charge of inquiry) of the RA Criminal Code. RA Criminal Code criminalizes forcing a person to make a false testimony, conclusion or translation, committed at judicial proceedings as means of torture, excluding cases of this kind committed by officials or with their support in other places, for instance at rallies (between a police officer and a participant), penitentiaries, military forces, etc.

Source: www.hra.am