Rights during investigation - legal assistance

Armenia

Armenia - Constitution (EN) 2015

Article 52. Right to Apply to the Human Rights Defender

Everyone shall have the right to receive the assistance of the Human Rights Defender in the event of violation of his or her rights and freedoms, enshrined by the Constitution and laws, on the part of state and local self-government bodies and officials, whereas in the cases prescribed by the Law on the Human Rights Defender — also on the part of organisations. Details shall be prescribed by law.

Article 64. Right to Receive Legal Aid

1. Everyone shall have the right to receive legal aid. Legal aid shall be provided at the expense of state funds in the cases prescribed by law.
2. Advocacy based on independence, self-governance and legal equality of advocates shall be guaranteed with a view of ensuring legal aid. The status, rights and responsibilities of advocates shall be prescribed by law.

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.

Armenia - Law on Treatment of Arrestees and Detainees (EN) 2002

CHAPTER 2. LEGAL STATUS AND RIGHTS OF ARRESTEES AND DETAINEES, AND GUARANTEES OF PROTECTION OF THESE RIGHTS

Article 13. Rights of Arrestees and Detainees

3) to complain about violations of his/her rights and freedoms, both personally and through his/her attorney or legal representative to the administration of the places of arrest or detention, to their superiors, to the court, to the prosecutor’s office, to central and local government bodies, public organizations and parties, the media, as well as to international bodies or organizations involved in protection of human rights and freedoms;

CHAPTER 2. LEGAL STATUS AND RIGHTS OF ARRESTEES AND DETAINEES, AND GUARANTEES OF PROTECTION OF THESE RIGHTS

Article 13. Rights of Arrestees and Detainees

6) to receive legal assistance;

CHAPTER 3. PECULIARITIES OF THE RIGHTS OF ARRESTEES AND DETAINEES

Article 15. Meetings with Attorney, Close Relatives and Other Persons

From the moment the criminal prosecution body’s decision about arrest, the arrest warrant or a decision on choosing detention as preventive punishment are announced, arrestees and detainees shall receive private and hindrance-free meetings with their attorney; the duration and the number of meetings shall not be limited; they shall also have meetings with their legal representative upon permission of the body conducting the criminal proceedings. Meetings with a lawyer acting as attorney in the case shall be permitted upon presentation of an ID and document issued by the Bar confirming that the bearer is in fact an attorney at law.

Meetings of arrestees and detainees with their attorneys shall be held in a place where employees of the places of arrest and detention can see, but cannot hear them.

Meetings of arrestees and detainees with close relatives, and in case of detainees – also meetings with representatives of the mass media and other persons, shall be permitted by a decision of the head of the place of arrest and detention.

In the interests of investigation, meetings of arrestees or detainees with close relatives, representatives of the mass media or other persons may be forbidden by a decision of the body conducting the criminal proceedings; this body must notify in writing the administration of places of arrest or detention of this decision.

Meetings with close relatives, representatives of the mass media or other persons shall be held under the surveillance of employees of places of arrest or detention. Any attempt by these persons to hand over to arrestees or detainees any forbidden articles, any materials hindering the investigation of the criminal case or helping to commit a new crime, imparting or attempting to impart information may lead to premature termination of the meeting.

Arrestees shall receive at least one meeting of up to an hour with close relatives.

Detainees shall receive at least two meetings of up to three hours in a month with close relatives, representatives of the mass media or other persons at least two meetings per month with up to three hours duration.

Rome Statute

Article 55 Rights of persons during an investigation

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:

(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