The Penitentiary Service of the Republic of Armenia under the jurisdiction of the Ministry of Justice of the Republic of Armenia The Penitentiary Service of the Republic of Armenia functioned under the jurisdiction of the Ministry of Internal Affairs of the Republic of Armenia until 1 October 2001; initially it had the legal status of a division, later of a department, and was one of the structural units of the Ministry of Internal Affairs.
The reforms leading to humanisation and demilitarisation processes are mainly related to shifting the penitentiary system from the jurisdiction of Ministry of Internal Affairs to that of the Ministry of Justice in 2001.
Legislative amendments The most essential component of the reforms was the implementation of legislative amendments. The fisrt step towards these amendments was the Law of the Republic of Armenia “On Treatment of Arrestees and Detainees” adopted on 6 February 2002. The Law shall define the general principles, terms of and procedures for keeping arrestees or detainees under arrest or detention in accordance with the procedure prescribed by the Code of Criminal Procedure of the Republic of Armenia, as well as the rights of arrestees and detainees, guarantees for ensuring their rights, their duties, as well as the procedure for releasing these persons from arrest or detention. A series of pivotal changes were made by this Law with regard to issues related to the implementation of rights of detainees, particularly the new procedure for permitting the detainees to receive visits of their close relatives. The provisions of European Prison Rules were considered to the maximum extent possible in the elaboration process of this Law. Prior to adoption, the Law has undergone legal examination by international experts Before the adoption of this Law, the procedure for keeping the arrestees and detainees in relevant facilities was defined by the Law of the Republic of Armenia “On Approval of Regulations for Pre-Trial Detention in the Republic of Armenia”.
Public Supervision An important breakthrough was the formation - within the framework of the reforms - of a group of public observers carrying out public supervision over the functioning of detention facilities of the penitentiary service. On 17 July 2003 the procedure for functioning of the group of public observers at detention facilities of the penitentiary service was approved by the Minister of Justice of the Republic of Armenia, and the composition of the Group was approved upon the Order No. PI-18-A (ՔՀ-18-Ա) of 28 April 2004. The members of the group of public observers shall have the right to free access to penitentiary institutions, to familiarise themselves with conditions of the penitentiary institutions, and to meet with the detainees in private.
The Structure of the Penitentiary Service Another legislative act which relates to the reforms of the penitentiary service was the Law of the Republic of Armenia “On Penitentiary Service” adopted on 18 November 2003. The need for adoption of this Law was first of all conditioned by the subject matter of this Law, i.e. the basics of penitentiary service within the state authorised body carrying out penitentiary functions, the system of bodies and institutions of the penitentiary service, the grounds for arranging their activities, the procedure for and terms of taking into service, the classification of positions and ranks, rights, duties and responsibilities of the penitentiary servants, their legal and social guarantees and other relations with regard to the service. According to this Law, the penitentiary service had the following structure: 1. Central Body of the Penitentiary System of the Ministry of Justice of the Republic of Armenia Regional Bodies of the Ministry of Justice of the Republic of Armenia 3. Penitentiary Institutions of the Ministry of Justice of the Republic of Armenia.
Penitentiary Code One of the most essential steps in legislative reforms was the adoption of the Penitentiary Code. A Working Group was established upon the Decision of the Prime Minister of the Republic of Armenia No. 561 of 25 September 1988 for the purpose of elaborating the Draft Concept and the Draft Penitentiary Code, as well as organising activities for further elaboration thereof.
The former Correctional Labour Code of the Republic of Armenia adopted on 7 July 1971 was replaced by the Penitentiary Code of the Republic of Armenia adopted on 24 December 2004.
Amendments made by the new Code The convicts sentenced to life imprisonment were permitted to receive visits by their relatives more often (at least three short-term and one long-term visit per year). Due to the lack of appropriate conditions, long-term visit is currently replaced by short one (permitted by the legislation), and prisoners shall have the right to receive at least four short-term visits during the year. Within the framework of reforms, in 2002 all the penitentiary institutions of the Ministry of Justice of the Republic of Armenia were equipped with telephone booths for facilitating contact with families and the outside world, and that was yet another positive change in conditions of keeping arrestees and detainees. According to the new procedure for considering the proposals, applications and complaints of detainees and arrestees, any censorship with regard to the aforementioned shall be prohibited (the former legislation permitted censorship of applications and complaints addressed to the prosecutor). Four square metres (instead of former 2.5 square metres) per person were envisaged as minimum living space allocated to detainees and convicts. In addition to TV-sets, detainees may also have other recreational articles such as computers and video games.
New Criminal Code: new types of punishment The new Criminal Code of the Republic of Armenia adopted by the National Assembly of the Republic of Armenia, which entered into force on 1 August, 2003, defines a series of principally new types of punishment such as: a fine, public works, deprivation of special titles or military ranks, categories, degrees or qualification classes, detention and life imprisonment. The adoption of the Code of Criminal Procedure of the Republic of Armenia is the logical continuation of the Criminal Code of the Republic of Armenia, since it governs the procedure for and terms of administering the aforementioned types of punishment not regulated by the former Correctional Labour Code. The Code defines the procedure for and terms of administering criminal punishments, enforcement of medical measures combined with administering criminal punishments, ensures all the necessary conditions for correction of the arrestee, protects the rights and freedoms of the latter.
Types of correctional institutions: The Criminal Procedure Code in force distinguishes the following types of institutions by the level of isolation: 1) open correctional institution 2) semi-open correctional institution 3) semi-closed correctional institution 4) closed correctional institution 5) medical correctional institution.
The Penitentiary Service of the Ministry of Justice of the Republic of Armenia currently comprises 13 penitentiary institutions; a new structural division – Alternative Punishment Administering Department, with regional departments in the communities of Yerevan and marzes (regions) of the Republic of Armenia - was established within the Central Department of the penitentiary service. This division was established for the purpose of administering the punishments not related to deprivation of liberty and carrying out supervision over deferral of execution of punishment, granting conditional application of punishment, as well as supervision over the persons released on parole.
Short-term leaves Within the framework of the reforms, the new procedure for granting short-term leaves to detainees is worth mentioning. In comparison to the former legislation which envisaged short-term leaves for detainees in exceptional circumstances (death of a close relative, life-threatening disease, natural disaster, etc.), the new legislation also provides for leave for the purpose of social rehabilitation.
Administrative, Psychological and Legal Activities (APLA) Administrative, Psychological and Legal Activities (APLA) divisions based on former divisions of works of educational character were established through a series of structural changes within the penitentiary service. Currently the Service of Administrative, Psychological and Legal Activities has not only undertaken the functions of the former service, but has also adopted a new approach and new operational functions arising from current demands and issues, as well as international best practice. Together with relevant professional activities, administrative, psychological and legal activities include various types of educational-cultural, sport, religious and spiritual events.
Medical service A special importance is attached to issues related to medical care of detainees. "Hospital for Prisoners” penitentiary institution, the only medical correctional institution operating within the system, was completely repaired and refurnished. For improving the health conditions of prisoners suffering from tuberculosis, a special hospital building was constructed. The buildings of therapeutic and psychiatric units were repaired.
Constructive relations were established with international organisations and benevolent funds (ICRC-International Committee of the Red Cross) aimed at providing medical care to convicts. Considerable progress has been made in struggle against tuberculosis; in particular, TB-DOTS programme has been launched and implemented.
Transparency of the penitentiary service In parallel with demilitarisation of the penitentiary service, it is pivotal to ensure transparency of the system within the framework of reforms. The implementation of the policy adopted for that purpose enabled a more active access of mass media to the penitentiary system, which contributes to the development of objective insight on the reforms carried out within the system.
Events Theatrical events, exhibition of works of art with the participation of women and juvenile convicts were arranged outside the penitentiary institutions. Religious and spiritual events were also held in penitentiary institutions, and more than 200 convicts were baptised in a number of penitentiary institutions.
Training courses for servants After being transferred to the jurisdiction of the Ministry of Justice of the Republic of Armenia, the Penitentiary Service was empowered with additional functions, the implementation of which required education and training of penitentiary servants. The task to provide due level of education and training to employees of the penitentiary service had been set long before the transfer of the system. Since February 2002, a training programme for penitentiary servants of the Ministry of Justice of the Republic of Armenia, delivered through short-term courses, had been held in the premises of the Law Institute of the Ministry of Justice of the Republic of Armenia with the assistance of Open Society Institute and OSCE Yerevan Office.
REFORMS within the Civil Status Acts Registration Agency
Marriage and Family Code approved in 1969 had regulated the relations with regard to marriage and family in the Republic of Armenia until 2005. The New Family Code of the Republic of Armenia was adopted on 9 November 2004 (entered into force on 19 April 2005). In parallel, the Law of the Republic of Armenia “On Civil Status Acts” was adopted on 8 December 2004 (entered into force on 19 April 2005). There was a need to adopt new legal acts with respect to adoption of the mentioned laws.
The following legal acts were adopted:
“The procedure for issuing copies of certificates and references on registration of civil status acts” approved by the order of the Minister of Justice of the Republic of Armenia No 96-N of 2 July 2005 “On the procedure for approving the issuance of copies of certificates and references on registration of civil status acts and forms of the register of civil status acts”;
“The procedure for completing the certificates on state registration of civil status acts” approved by the decision of the Government of the Republic of Armenia No 469-N of 14 April 2005 “On the procedure for approving the completion of certificates on state registration of civil status acts, the samples thereof and the samples of standard forms of other documents certifying the state registration of civil status acts”;
“The procedure for completing standard forms of records on registration of civil status acts” approved by the decision of the Government of the Republic of Armenia No 492-N of 14 April 2005 “On the procedure for approving the samples of standard forms of records on registration of civil status acts, completing thereof, as well as the samples of standard forms of application for registration of civil status acts”;
“The procedure for and terms of change of name” approved by the decision of the Government of the Republic of Armenia No 941-N of 23 June 2005 “On approving the procedure for and terms of change of name”;
“The procedure for recovery of records on civil status acts” approved by the decision of the Government of the Republic of Armenia No 995-N of 23 June 2005 “On establishing the procedure for recovery of records on civil status acts”. “The procedure for submitting first copies of records on civil status acts drawn up by diplomatic missions or consular offices of the Republic of Armenia in foreign countries, as well as the documents serving as a basis for state registration of the aforementioned acts to the relevant archive of the Ministry of Justice of the Republic of Armenia for storage" approved by the decision Government of the Republic of Armenia No 493-N of 21 April 2005 “On establishing the procedure for submitting first copies of records on civil status acts drawn up by diplomatic missions or consular offices of the Republic of Armenia in foreign countries, as well as the documents serving as a basis for state registration of the aforementioned acts to the relevant archive of the Ministry of Justice of the Republic of Armenia for storage”.
