CHAPTER 1. GENERAL PROVISIONS
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’s conclusion, by a decision of the head of the facility, and in accordance with procedures set out in this law.
Article 6. Transfer of Persons Kept in Places of Detention to Places of Arrest
If it is impossible to move a detainee from the place of detention every day to conduct investigative activities and court examination outside the place of detention, the detainee may be transferred to a place of arrest for a period of up to 3 days by a decision of the investigator, prosecutor or the court.
In cases specified in the first part of this article, as well as in the case when it is impossible to move a detainee back to the place of detention on time because of a lack of transportation, the detainees shall be kept in the place of arrest in accordance with procedures and in conditions required for detainees.
Article 7. Moving of Detainees
Detainees shall be moved accompanied by a convoy in special means of transportation. During the moving, detainees must be protected from public interest as much as possible.
In the interests of investigation, detainees shall be moved separately from other detainees or arrestees by a decision of the body conducting the criminal proceedings.
Article 8. Timeframes for Keeping Persons under Arrest and Detention
The timeframes for keeping persons under arrest or detention shall be defined by the Criminal Procedural Code.
Article 9. Regulations of Places of Arrest and Detention
Regulations adopted in places of arrest and detention shall ensure the isolation of arrestees and detainees, protection of their rights and proper implementation of their obligations, as well as fulfillment of tasks set out by the Criminal Procedural Code.
The staff of places of arrest and detention shall be responsible for ensuring that the regulations are implemented; the staff shall be held accountable for not performing their duties or not performing them to the fullest.
Article 10. Internal Regulations of Places of Arrest and Detention
Internal regulations shall be created with the aim of ensuring the implementation of regulations in places for arrest and detention. These regulations shall regulate the admission of arrestees and detainees, their rules of behavior, lists of objects and articles that arrestees and detainees may not possess, procedures for confiscating the forbidden articles, conducting inspections, visits, correspondence, handing over parcels to arrestees and detainees, deliveries and packages, daily routine and other issues deriving from this law.
The administration of places of arrest and detention shall be required to inform arrestees or detainees about the particular facility’s internal regulations. Arrestees and detainees may request additional information regarding internal regulations.
Internal regulations shall be approved by the head of an authorized government body (henceforth, the authorized body).
(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2.
(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.