During the last years increase of the number of the people deprived of liberty was observed; during the last one year the number of the people deprived of liberty was increased by more than 20%. Penitentiary Institutions are overcrowded. In particular, as of July 1, 2010, 4850 people deprived of liberty are kept in the penitentiary institutions designated for 4396 people.

For instance, in "Nubarashen" penitentiary institution in the cell designated for 8 people, twice more even up to 20 people are kept. The beds are not enough, as a result the people deprived of liberty sleep by turns, some of them at night, some of them in the afternoon. Less than 2sq.m area is allocated to every person deprived of liberty, whereas according to RA legislation, as well as international standards at least 4sq.m should be afforded.

Overcrowding causes health and physiological problems, lack of air, deterioration of the health, physiological tension and conflicts. These keeping conditions are interpreted by the European Court of Human Rights as cruel, inhuman or degrading treatment and in certain cases also as torture.

The reasons of the overcrowding are the following; increase of the number of crimes, wide usage of the detention as a measure of restraint by the courts. Whereas when interpreting article 5 of the European Convention of Human Rights as well as article 9 of the Covenant on Civil and Political Rights (right to freedom) European Court of Human rights and Human Rights Committee have pointed out that detention is the most severe measure of restraint and should be used as a measure of last resort and only if less restrictive measures cannot ensure the proper conduct of the defendant and due administration of justice.

The other reasons are limited usage of alternative punishments and conditional release on parole. According to the data of 2009 only 14% of the prisoners who had opportunity to be released on parole were approved for the release. This is conditioned by the factor that there are no relevant criteria on which the committees on conditional release can make their decisions.

Besides, the members of the independent committees on the conditional release on parole represent state bodies, including law enforcement bodies, are led by the interest of their departments and subjective factors.

In order to terminate human rights mass violations in the penitentiary institutions we find that decision on amnesty should be made.

We, the undersigned, express our deep concern about the current situation and call upon the competent authorities to take actions aimed at the solution of the overcrowding of penitentiary institutions.

We call upon the investigative bodies, and the judiciary to use the detention as a measure of restraint only as a last resort, preferring alternative measures of restraints.

We call upon the RA Court of Cassation to follow the usage as a precedent by other courts of its interpretations given about the detention as a measure of restraint (the case of Aslan Avetisyan)

We call upon the judiciary to enhance the usage of alternative punishments. We call upon RA President, RA National Assembly, RA Ministry of Justice to reform the system of the conditional release on parole.

We call upon RA President and RA National Assembly to make a decision on amnesty.

Arman Danielyan
Civil Society Institute NGO

Mikayel Baghdasaryan
Collaboration for democracy centre NGO

Lusine Harutyunyan
"S. Sandukht Virgin Union of Women" NGO

Edmon Marukyan
Youth Center for Democratic Initiatives NGO

Levon Nersisyan
"The A.D.Sakharov Armenian Human Rights Protection Center" NGO

Avetik Ishkhanyan
Helsinki Committee of Armenia NGO

Laura Gasparyan
G. Magistros Medical Centre NGO

Arthur Sakunts
Helsinki Citizens Assembly Vanadzor Office NGO

Gayane Shahnazaryan
"Huso Aragast" NGO

Marat Dadunts
Rights Information Center NGO

Suren Iskandaryan
Human Rights Yerevan Center NGO

Araik Harutyunyan
Rights Protection International Department NGO

Grigor Arustamyan 
Law and Human Rights Defense NGO

Temik Khalapyan
"Trtu" NGO