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The Executive proposes addenda and amendments to the Law on Treatment of Arrestees and Detainees. The necessities for amendments stems from the assignments of the UN Committee Against Torture, as well as the imperative of implementing the judgments of the European Court of Human Rights in the Virabyan v. Armenia group cases.

The RA Deputy Minister of Internal Affairs Armen Ghazaryan presented for debate the issue in the first reading at the sitting of the NA Standing Committee on Defense and Security.

The draft proposes to design that the arrestees and detainees undergo a medical examination in all cases upon admission to places of arrest or detention facility, and not only in the case when they are found to have a physical injury, as provided for by the current law.

The arrestees should undergo a medical examination no later than 3 hours after being brought to the place of arrest, and the detainees no later than 24 hours after being transferred to the quarantine department. As an additional guarantee, the possibility is also provided for the participation of a doctor chosen by the arrestees or detainees in the medical examination.

According to the Deputy Minister, at present, medical examinations in the places of arrest of the Ministry of Internal Affairs are carried out by emergency medical doctors, which the Committee for the Prevention of Torture considers a positive practice. This circumstance was recorded in the Government decision, and now it is proposed to enshrine it in the law.

It is also proposed to set out cases of torture or ill-treatment by a doctor who has subjected an arrestee or a detainee to a medical examination, if there is a written or oral statement or application from the arrestee or detainee, or if a medical worker has detected similar signs, or if the employees of the administration of the place of arrests have applied to the medical worker and reported cases of such alleged treatment. It is also planned to establish authorizing norms, which will authorize the Minister of Health to establish the form of this protocol and the procedure for filling it out. After filling out such a protocol, the Investigative Body and the Prosecutor’s Office should be notified no later than 24 hours, if possible also electronically. Armen Ghazaryan informed that the Chair of the NA Standing Committee on Health Care Arsen Torosyan submitted a proposal in this regard. According to the proposal, these cases should also be recorded in the general medical electronic system - Armed. According to the Deputy Minister, the proposal is acceptable, but from a technical point of view it is more expedient to implement it during the period from the first to the second reading.

In response to questions, the Deputy Minister detailed some provisions.

The draft law was endorsed by the Committee.