Article 26. Prohibition of Torture, Inhuman or Degrading Treatment or Punishment
1. No one may be subjected to torture, inhuman or degrading treatment or punishment.
2. Corporal punishments shall be prohibited.
3. Persons deprived of liberty shall have the right to humane treatment.
Article 27. Personal Liberty
1. Everyone shall have the right to personal liberty. No one may be deprived of personal liberty otherwise than in the following cases and as prescribed by law:
(1) the person has been sentenced by a competent court for committing a criminal offence;
(2) the person has failed to obey a legitimate court order;
(3) for the purpose of ensuring the fulfilment of a certain obligation prescribed by law;
(4) for the purpose of bringing a person before a competent authority where there exists a reasonable suspicion that the person has committed a criminal offence, or a justified necessity of preventing the committal of a criminal offence by the person or his or her fleeing after having done so;
(5) for the purpose of placing a minor under educational supervision or bringing him or her before a competent authority;
(6) for the purpose of preventing the spread of contagious diseases dangerous for the public, as well as the danger posed by persons with mental disorder, drug addicts and alcoholics;
(7) for the purpose of preventing the unauthorised entry of a person into the Republic of Armenia, or for deporting or extraditing a person to another state.
2. Everyone deprived of personal liberty shall be promptly informed, in a language which he or she understands, about the reasons for deprivation of liberty, whereas in case a criminal charge is brought — also about the charge.
3. Everyone deprived of personal liberty shall be entitled to have the person of his or her choice be immediately informed thereon. The exercise of this right may be delayed only in the cases, under the procedure and within the time limits prescribed by law, for the purpose of preventing or disclosing crimes.
4. If within a reasonable time period upon depriving of liberty but no later than within 72 hours the court fails to render a decision on authorising further confinement of a person deprived of liberty on the ground referred to in point 4 of part 1 of this Article, he or she shall be immediately released.
5. Everyone deprived of personal liberty shall have the right to challenge the legitimacy of depriving him or her of liberty, whereon the court shall render a decision within a short time period and shall order his or her release if the deprivation of liberty is non legitimate.
6. No one may be deprived of personal liberty merely on the ground of inability to fulfil civil-law obligations.
Article 61. Right to Judicial Protection and the Right to Apply to International Bodies for the Protection of Human Rights
1. Everyone shall have the right to effective judicial protection of his or her rights and freedoms.
2. Everyone shall, in accordance with the international treaties of the Republic of Armenia, have the right to apply to international bodies for the protection of human rights and freedoms with regard to the protection of his or her rights and freedoms.
Article 63. Right to Fair Trial
1. Everyone shall have the right to a fair and public hearing of his or her case, within a reasonable time period, by an independent and impartial court.
2. The judicial proceedings or a part thereof may, in the cases and under the procedure prescribed by law, be held behind closed doors upon a court decision, for the purpose of protecting the private life of the participants of proceedings, the interests of minors or interests of justice, as well as state security, public order or morals.
3. The use of evidence obtained in violation of basic rights or that undermining the right to fair trial shall be prohibited .
Article 65. Right to Be Exempt from the Obligation to Testify
No one shall be obliged to testify about himself or herself, his or her spouse or close relatives if it is reasonably assumed that it may be used against him or her or against them in the future. The law may prescribe other cases of being exempt from the obligation to testify.
Article 66. Presumption of innocence
Anyone charged with a crime shall be presumed innocent until proven guilty as prescribed by law, upon criminal judgment of the court entered into legal force .
Article 67. Right to Be Defended Against a Charge
Everyone accused of a crime shall have:
(1) the right to be promptly and thoroughly informed, in a language which he or she understands, of the nature of and grounds for the charge brought ;
(2) the right to defend himself or herself personally or be defended through an advocate chosen thereby;
(3) the right to have adequate time and opportunities to prepare his or her defence and to communicate with the advocate chosen thereby;
(4) the right to question persons testifying against him or her, or have these persons questioned, as well as have the persons testifying in his or her favour to be summoned and interrogated under the same conditions as those for the persons having testified against him or her;
(5) the right to avail of the services of a translator, free of charge, in case he or she does not have command of the Armenian language.
General Part
Section 1.
Criminal legislation
Chapter 1.
Principles and objectives of criminal legislation
Article 11. Humanitarian principle.
2. No one shall be subjected to torture or cruel, inhuman or humiliating treatment or punishment .
Special Part
Section 11.
Crimes against state power.
Chapter 31.
Crimes against justice.
Article 348. Obviously illegal detention or arrest.
1. Obviously illegal detention, is punished with arrest for the term of 2-3 months, or with imprisonment for the term of up to 2 years, or with deprivation of the right to hold certain posts or practice certain activities for up to 3 years.
2. Obviously illegal arrest, or keeping under obviously illegal arrest, is punished with imprisonment for the term of up to 4 years, with deprivation of the right to hold certain posts or practice certain activities for up to 3 years.
3. Actions envisaged in parts 1 or 2 of this Article, which negligently caused grave consequences are punished with imprisonment for the term of 3 to 8 years, with deprivation of the right to hold certain posts or practice certain activities for up to 3 years.
CHAPTER 1. GENERAL PROVISIONS
Article 2. General Principles for Keeping Arrestees Under Arrest and Detainees Under Detention
Arrestees and detainees shall be kept under arrest or detention on the basis of principles of legality, equality of arrestees or detainees before the law, humanitarianism, respect for human rights, freedoms and dignity, and in compliance with the Constitution of the Republic of Armenia, the Criminal Code and the Criminal Procedural Code of the Republic of Armenia, and the well-known principles and norms of international law.
It shall be forbidden to use physical violence, as well as inhuman or degrading actions towards arrestees or detainees.
The procedures and conditions for keeping arrestees and detainees under arrest and detention, set out in this law, shall be applied to all arrestees or detainees regardless of their nationality, race, sex, language, religion, political or other views, social origin, property or other status.
Article 3. Grounds for Keeping a Person in Places of Arrest or Detention
An arrest warrant drawn up in compliance with the Criminal Procedural Code or a decision by a prosecuting body about arrest shall serve as grounds for keeping a person in places of arrest.
A court decision on choosing detention as a means of preventive punishment, passed in accordance with the Criminal Procedural Code, shall serve as a ground for keeping a person in places of detention.
It shall be forbidden to admit and keep a person in places of arrest and detention in the absence of the grounds described in the first or the second paragraphs of this article.
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.