Print Draft Internal Regulations
Pre-trial Detention Facilities
Minister of Justice
1. General provisions
The internal regulations for pretrial detention facilities of the criminal executive system of the Ministry of Justice of the Republic of Armenia (hereinafter, internal regulations), in accordance with the law of the Republic of Armenia “On the Treatment of Arrestees and Detainees”, establishes and specifies the peculiar features of pretrial detention facilities for the persons accused of committal of crime, who, as a measure of restraint, were subjected to detention (hereinafter, detainees), for the protection of their rights and legitimate interests, and to create the most favorable conditions for the execution of their duties.
The regime established at the pretrial detention facilities is essentially a procedure and conditions stipulated by the legislation, the internal regulations and other legal acts of theRepublicofArmenia. The regime is established to protect the rights of the detainees, for the compliance with the disciplinary rules by the detainees, to ensure their isolation, and to implement the provisions of the Code of Criminal Procedure of theRepublicofArmenia.
The duty of ensuring compliance with the internal regulations for pretrial detention facilities is imposed on the administration of the pretrial detention facility. The administration is liable under the law for the breach of official duties or improper execution thereof.
Detainees must comply with the requirements of the internal regulations unconditionally.
The detainees’ failure to execute their duties and the breach of the internal regulations leads to liability, as prescribed by law.
The persons kept in the pretrial detention facilities as detainees are:
The following persons are kept at the pretrial detention facilities as a form of punishment:
The procedure of keeping the above persons in the pretrial detention facilities is established by the Criminal Executive Code of the Republic of Armeniaand the internal regulations of the penitentiary institutions.
2. Arrangement of the pretrial detention facilities
Pretrial detention facilities are arranged in accordance with a model design. The external perimeter of the restricted zone of the pretrial detention facilities must be located at least 50 meters far from residential or other facilities.
The area of the pretrial detention facilities is divided into the regime zone and the economic facilities. Residential and dining buildings, the conveniences, the medical unit and the kiosk are located in the regime zone.
As a rule, the rounding places are located on the top floors of the buildings. In some cases rounding places on the ground, provided they are not visible from cells.
Warehouses, vegetable storage, car repairs, workshops and other auxiliary facilities are located in the economic facilities.
The regime zone is isolated from the economic facilities and other facilities with a stone or brick wall, no less than 3 meters high, and provided with protective equipment.
The check points, the rooms of the assistant chief on duty and meeting rooms are located in the administrative building or in the regime zone.
Persons serving their punishment in the pretrial detention facilities are kept in cells and provided with dwelling space in accordance with the criminal executive legislation.
The windows in the cells for detainees are 1.3-1.4 m wide and 1.15-1.2 m high. The punishment cells at the pretrial detention facilities are 0.5 x 0.5 m. Cross bars are welded to the windows.
The cell doors are 6 cm thick. From inside the door is lined with a steel sheet. In the center of the door, at the height of 1.4-1.5 m, there is an inspection hole. In the middle of the door, at the height of 95 cm, there is a locked hatch, 18 x 22 cm, opening towards the corridor, to pass food, books and deliveries to the detainees.
All doors and windows in the cell are equipped with alarm systems. Special mechanical or electro-mechanical locks are mounted on the cell doors. Electric wiring in the cells is installed so that it would be inaccessible for the detainees. General lighting lamps are installed in the upper niches above the door. The niches are covered with grids.
In other facilities in the pretrial detention facilities, to which detainees have access, the electric wiring is installed so that it would be inaccessible for them. Lampshades are installed so that the detainees could not destroy them. The switches are installed in the corridor, near the cells.
On the cell walls, loudspeakers with automatic regulation of volume are installed. Buttons for calling the guards are installed in the cells. Each cell is provided with a toilet. Cells in detention facilities are provided with prescribed furniture and other items.
3. Intake of detainees
The intake of detainees to the pretrial detention facility is done from10:00to20:00by the responsible shift. In case detainees are brought at other time, a relevant protocol is compiled and recorded in the log. The intake officer verifies the list of documents needed for detainees brought to the pretrial detention facility. These are: the resolution to apply detention as a means of restraint, the inventory of clothes and personal effects, a certificate by the investigator attesting to the identity of the detainee, and a certificate on the previous criminal record. The above persons are interviewed and the results are compared with their personal file.
The documents serving as grounds for admission of a detainee at the pretrial detention facility must be authorized by the relevant officials’ signatures and certified with a seal with coat of arms.
For the intake of a detainee with a child under 3 years, in addition to the above documents, it is required to have the child’s birth certificate or other documents certifying the kinship of the detainee with the child, in case of their absence, a written instruction of the body in charge of criminal investigation.
For the intake of detainees, logs are maintained at the places of preliminary confinement, in which the following records are made on the detainees:
No one can be admitted to a pretrial detention facility without a court decision on detention, the details of which are indicated in the log first.
Transit detainees and convicts brought to the pretrial detention facility are admitted and forwarded to the destination based on the references to the personal files and attached lists, whose forms are established by the regulation “On registration at pre- and post-trial detention facilities, and on the employees of legal departments”.
Upon the intake or the transfer of the detainee to another facility, the administration of the pretrial detention facility must notify the close relatives of the detainee or the persons specified by the latter within 3 days in writing.
The administration of the pretrial detention facility has no right to advise the close relatives about the whereabouts of the detainee, if the detainee provided a written petition to that effect, with the exception of minors.
The detainees, at their request, are given from the library, the law of the Republic of Armenia “On the Treatment of Arrestees and Detainees” and the corresponding internal regulations. Information about the basic rights and duties of the inmates of the pretrial detention facilities is posted at the appropriate places and cells of the detention facility. In case the detainee is illiterate, the latter is informed orally about his rights and duties in his native language or another language that he or she understands.
Persons admitted to a pretrial detention facility, as a rule, at the moment of admission undergo a preliminary medical examination. The results of the examination are recorded and registered in the medical files.
During the formalization of registration documents, medical examination and sanitary treatment, the detainees are kept in quarantine cells for 7 days.
Detainees who passed sanitation and hygiene examination are granted bed-clothes and when necessary, a standard robe. If the detainee is in a military or law enforcement uniform at the moment of intake, clothes must be changed. The clothes are confiscated and handed for safekeeping. Shaving the heads of the detainees is prohibited.
The persons brought to the places of preliminary confinement with injuries dangerous for life are not admitted to the detention facility. When necessary, they are provided with first aid.
4. Placement of detainees in cells
Placement of detainees into cells is done in accordance with the law of the Republic of Armenia “On the Treatment of Arrestees and Detainees”. Placement of detainees in cells is done with consideration for the persons’ psychological compatibility.
When placing detainees, the following requirements must be taken into account:
The following persons are kept separate:
In order to keep detainees apart, the body in charge of the criminal procedure can provide other grounded reasons. A person authorized by the chief of the detention facility is in charge for placement of detainees into cells.
One of the detainees in each cell is appointed to be on duty, changed daily. The placement of ill detainees by instruction of the physician. Persons suspected of being afflicted with a contagious disease are kept separate.
Detainees are placed in detention facility hospitals taking into account the type of disease. Men are kept separate from women, minors from adults. Persons accused of particularly dangerous state crimes and dangerous recidivists are kept separate from other detainees.
As a rule, juveniles are placed in cells with few places (3 in each). They are located in different sections or floors of the regime building, taking into account their age, physical development and the degree of pedagogic neglect.
When placing pregnant women or persons with children under 3 years, the most lighted and dry cells are selected, which are in a separate regime building or in isolated sections thereof.
Correspondence, exchange of items and communication with detainees kept in other cells is not allowed. Basic requirements of isolation must be observed when taking the detainees out of the detention facility.
5. Personal search of detainees, fingerprinting and examination of personal effects
Detainees brought to the detention facility are subject to a personal search, fingerprinting and examination of their personal effects.
Detainees are searched when admitted to the detention facility, when taking them out from the detention facility, taking them to punishment cells, as well as by instruction of the chief or deputy chief of the detention facility, in other cases. Personal search can be done only if the searcher is of the same gender with the searched person, and in the presence of witnesses to the search of the same gender.
Personal search is done by detailed examination of the detainee’s body, clothes, shoes, and prostheses, if any. The detainees are asked to completely undress or to bare the relevant part of the body. Adhesive tapes, plaster casts or other bandages are examined jointly with a physician. In case of detection of items sewn into the clothes, the fabric is torn. The insoles and metallic sole protectors are removed from shoes.
Personal search of detainees and examination of their clothes is done in order to discover prohibited items, materials and food.
It is prohibited to the detainees to keep and use the items, materials and food which are dangerous for life and health, or can be used as a tool of crime or hinder the purposes of detention, as well as, the items and food specified by the List (Appendix 2). Prohibited items, materials and food are taken for safekeeping or based on the justified decision of the detention facility chief are confiscated or destroyed, about which a relevant protocol is compiled and signed and presented to the detainee.
After the search and examination of items, a protocol is compiled which is signed by the searcher, witnesses to the search and the detainee. If the detainee refuses to sign and objects, this is indicated in the search protocol (Appendix 3). During the search, hidden money and securities are confiscated, and the discovered valuables (jewelry, decorations and attached documents, etc.) are handed for safekeeping at the financial department of the detention facility, personal effects, to lockers. The money surrendered by the detainees of their own agreement is transferred to their personal account. Upon receipt of the money and valuables, the financial department gives the copy of the receipt to the convict with a signature, and the other copy is attached to his file.
Personal documents, as well as securities with unknown identity, correspondence, notebooks, photos, unused items and objects, are handed over to the body in charge of the criminal investigation. If medication is found with the detainee at the moment of admission, then the detention facility doctor immediately makes a decision on its usage.
Money, valuables, securities, items and food found during the search can be transferred at the expense of the detainee or sent to the relatives or other persons, with permission of the body in charge of criminal investigation.
In case of finding injuries on the body of the person during the search, the physician immediately performs a medical examination, whose results are indicated in the relevant protocol. The protocol is signed by the physician, the searcher and the detainee. In case of the detainee’s refusal to sign and objections, these are indicated in the medical examination protocol.
6. Financial and material maintenance
The following is provided to detainees for personal use:
These items are provided free for temporary use during the stay of the detainee at the detention facility.
For common use, based on the number of inmates in the cell, each cell is provided with:
Persons with children receive items needed for childcare.
The cells at the detention facility are provided with:
Detainees have the opportunity to take a shower at least once a week; its duration can not be less than 15 minutes.
The sanitary norm for space per person in the cell is 4 m2.
In the dormitory facilities the temperature must not be lower than 18oC.
7. The detainees’ attire and bedclothes
The detainees wear their own clothes, and when needed, they are provided with standard clothes, depending on the season, weather, taking into account their gender (appendix). Standard clothes must not be in any way depressing or humiliating. The detainees must be afforded the possibility to regularly launder their attire and bedclothes in special facilities. To maintain hygiene, underwear is washed as necessary. Each detainee is given a personal bed and bedclothes, which must be, clean at the moment of granting and changed once in 7 days.
8. Healthcare and personal hygiene of detainees
Healthcare and hygiene of convicts are regulated as prescribed by the healthcare manual for pretrial detention facilities and correctional institutions of the Ministry of Justice of the Republic of Armenia.
It is prohibited to subject the detainees to any medical or scientific experiments, regardless of the detainee’s consent.
9. Daily routine
Daily routine is established in detention facilities, taking into account the weather, climatic conditions of the place and other concrete considerations.
Daily routine includes time for reveille, personal hygiene, physical exercises, food, education and work. 8 hours of sleep is envisaged for detainees.
Daily routine drafted in accordance with the model (Appendix 4) is approved by decree of the chief of the detention facility and announced to the personnel and detainees.
10. Measures taken in the event of food rejection, simulation of illness or self-injury
Application of enforced measures towards detainees rejecting food, simulating illness or inflicting self-injuries is regulated by the healthcare manual for pretrial detention facilities and correctional institutions of the Ministry of Justice of the Republic of Armenia.
11. Legal status of detainees
The detainee is entitled to the rights, freedoms and duties of the citizens of the Republic of Armenia with restrictions envisaged by the law “On the Treatment of Arrestees and Detainees” and other laws of the Republic of Armenia.
The law stipulates the rights, personal safety and the legitimacy of application of compulsory methods to the detained persons.
The legal guarantees for the rights and freedoms of detainees are stipulated by the law “On the Treatment of Arrestees and Detainees” and this Regulation. When realizing their rights and freedoms, detainees must observe the conditions and order established for detainees, as well as the rights and legal interests of other persons.
Foreign citizens and stateless persons detained in the Republic of Armenia enjoy the rights, freedoms and duties accorded to the citizens of the Republic of Armenia, unless otherwise envisaged by the international agreements of the Republic of Armenia.
12. Rights and freedoms of persons kept in detention facilities
The detainee at the detention facility is entitled to:
Foreign nationals detained are entitled to establish and maintain contacts with the diplomatic and consular representatives and services of their countries in the Republic of Armenia, and if there are none, with the diplomatic and consular representatives and services of the countries which have undertaken the protection of the interests of these persons.
Detainees must:
The person on duty in the cell must:
It is prohibited to detainees:
13. Submission of suggestions, applications and complaints by detainees
The representatives of the detention facility administration visit cells every day and receive written and oral suggestions, applications and complaints from the detainees. Suggestions, applications and complaints addressed to the detention facility administration are registered in a log and reported to the chief of the detention facility. The latter takes measures for the resolution of these suggestions, applications and complaints. Suggestions, applications and complaints sent through the administration to state bodies, public associations, and the lawyer, are sent by identity within 3 days after being handed.
Complaints against the decisions and actions of the court, investigator or prosecutor, as well as the suggestions, applications and complaints addressed to the bodies supervising the detention facilities, are sent to the addressee within 1 day.
The suggestions, applications and complaints about the decisions and actions of the detention facility administration do not suspend the execution of these decisions and actions.
The responses to the suggestions, applications and complaints, with signatures, are announced to the detainees and attached to their files.
The suggestions, applications and complaints are sent at the expense of the sender, except review and cassation appeals. In case of money on the account of the detainee, the costs can be incurred by the detention facility. Temporary termination or restriction of suggestions, applications and complaints is not allowed. Even the detainees kept in punishment cells, send their suggestions, applications and complaints as prescribed by procedure.
The persecution of detainees for submitting suggestions, applications and complaints about the breach of their legitimate interests and rights is prohibited. The persecuting official is subject to liability as prescribed by the law.
14. Correspondence
Detainees are allowed to maintain correspondence at their expense without limitation of received and sent letters and telegrams.
Correspondence is implemented through the administration of the detention facility, without screening the content of the correspondence is subject to external examination, to rule out the delivery of prohibited items and materials.
Censorship of correspondence can be done only by a court decision. Censorship is done by the body in charge of the criminal case proceedings.
The delivery and forwarding of the letters received or sent by the detainee is done by the detention facility administration within 3 days after receipt or forwarding of the letter, not counting holidays and the time needed for translation into the detainee’s native language which can extend the term. Translation costs are incurred by the detainee.
Letters advising of the death or severe illness of a close relative are immediately handed to the detainees.
The letters received on the detainee’s name in his absence are sent to his new place of residence within 3 days.
15. Reporting to meetings and their procedure
From the intake on, the detainees are allowed to meetings with their lawyers in private. The duration and number of these meetings are not limited.
The detainee’s meeting with the lawyer are held in conditions which allow the employees of the detention facility to see them but not to hear.
No less than twice a month, for three hours at a time, detainees are entitled to visits by their close relatives, mass media or other persons (Appendix 3). Based on the interests of the investigation, the detainee’s meetings with close relatives, mass media or other persons can be prohibited by decision of a body in charge of criminal proceedings, advising the administration of the detention facility to that effect.
Visits are made under the supervision of the detention facility employees. During the visits, it is prohibited to deliver any item or information impeding the criminal investigation or promoting the committal of a new crime. In the event of such an attempt, the visit is terminated prematurely.
Not more than three adults people and an unlimited number of minors are allowed to visit the detainee at a time.
The visits are allowed by the detention facility governor with an available ID.
The conversation must be in a language that the monitor/observer understands. An interpreter may be invited as needed. The rules of conduct during the visit are explained to the visitors as well as the detainee. They are warned also about the possible termination of the visit in case of breach of the Regulations. In case of breach of the monitor/observer’s instructions, the officer on duty is advised thereof.
Special visit rooms are furnished at the detention facilities; halls also can be furnished. As prescribed by law, the visits with detainees kept separate, must be organized to rule out their communication. During quarantine measures or emergency situations, visits by close relatives, mass media or other persons can be temporarily terminated.
Persons brought to visits must have neat appearance. Before and after the visit they are searched, and their items, examined. The administration makes a note about the visit in the personal card of the detainee, indicating the date of the visit, the names of the authorizing officer, and the visiting person.
16. Procedure of a meeting with the lawyer
Meetings with the lawyer are held in visit rooms or in investigation rooms.
The meeting with the lawyer is allowed only if he represents the lawyer submits a proper document about his participation in the given criminal case issued by the body in charge of the proceedings. The lawyer must also present an ID, as well as a document attesting to his being lawyer issued by the association of lawyers.
To ensure the safety of the participants of the meeting, visual surveillance is organized over the detainee’s and his lawyer’s actions.
The number and duration of meetings with the lawyer is not limited. However, during the meetings the requirements of the internal regulations must be complied with. It is prohibited to take out the detainees from cells for visits during the change of shifts, during meals and at night time (from 10 p.m. to 6 a.m.).
17. Phone call policy
Telephone conversations (including long-distance ones) are granted to the detainee under the time-table established by the chief of the detention facility. Phone calls are done under supervision of the administration.
The payment for phone calls is made from the detainees’ personal accounts at the current tariffs. Cardphones may be installed when necessary with phone cards available form the kiosk.
18. Short leave policy
Detainees, with the exception of those accused of grave crimes, can be granted short leaves in case of the death of a close relative or a severe life-threatening illness, or in case of severe natural disaster that inflicted significant damage to the detainee or his family.
Juvenile detainees are granted short leaves only when accompanied by a relative or another person.
Short leaves can be granted for up to 7 days, not counting the time needed for the departure and return.
Short leaves are granted by decision of the body in charge of the criminal proceedings, based on the petition of the detainee.
About its decision, the body in charge of the criminal proceedings immediately advises the administration of the detention facility and the detainee.
The duration of the short leave is accounted in the time of detention.
The costs of the short leave are incurred by the detainee.
19. Policy on receipt and sending deliveries and parcels, and money remittances
Detainees are allowed to receive a limited quantity of deliveries and parcels with a total weight not exceeding 70 kg per month. The detainees may receive a limited amount of deliveries or parcels, in a lump or part by part.
The prescribed medication needed by detainees can be sent without limitation.
The list of items and food prohibited for keeping or receiving in deliveries and parcels or acquiring for cash is specified by the internal regulation.
It is prohibited to hand to the detainees the items and food dangerous for life and health, that can be used as a tool of crime, and hinder the purpose of detention. Concealment of prohibited items by detainees and handing such items to them entails liability as prescribed by the law.
Deliveries and parcels are accepted in the order of visits by visitors.
The person who brings a delivery or parcel completes and signs an application in two copies, as prescribed by the procedure. Two copies of the application, the delivery, the parcels and the visitor’s ID are handed to the employee of the detention facility (Appendix 6).
The employee of the detention facility who accepts the delivery or parcel, returns to the visitor the ID and one copy of the application, acknowledging the acceptance. In the event the detainee refuses to receive the delivery or parcel, a relevant note is made on the application.
Opening up the parcels and examination thereof is done by a group of employees of the detention facility (no less than 3). Opening up and examination of parcels is done in the presence of detainees, and the deliveries, in the presence of the ones who brings them. The found money, valuable or banned items are confiscated as prescribed by the internal regulations. The delivery and parcel applications are kept for 1 year.
A relevant protocol is compiled about the examination in which the names of found items and food are listed, their outward description, quality and quantity, the items and food handed for confiscation or safekeeping are listed. The minutes is signed by the group members and the detainee. Thereafter, it is attached to the detainee’s file and the deliveries or the parcels are handed to the latter with his signature. The quantity and weight of deliveries and parcels is recorded in a special log.
Deliveries and parcels are not admitted and are returned to the sender in the following cases:
Deliveries or parcels must be handed to the addressee within 1 day after receipt.
If the detainee is the punishment cell, the deliveries or parcels received in his name are put in the storage and handed over to him when the punishment is over. Over this time, the administration of the detention facility ensures the safekeeping of the deliveries and parcels, however, is not responsible for its natural perishing.
The items and food which are not subject to handing to the addressee, must be returned. Valuables and money found in the deliveries or parcels are confiscated. Valuables are handed to detainees after release, and the money is transferred to their personal account. The administration of the detention facility makes notes about the quantity of deliveries and parcels received by the persons transferred from correctional institutions to the detention facility in the file of these persons.
The money sent to the detainees is transferred to their personal account. By permission of the detention facility administration, the detainees can make remittances from their accounts to their close relatives or other persons (Appendix 8).
The close relatives of the detainee and other persons arriving at the detention facility are advised by the administration that they can procure food and top priority items at the shop of the detention facility and hand them over to the detainee.
20. Policy on the procurement of top priority items and food
The detainee can procure food and other non-prohibited necessary items at his expense from the detention facility kiosk. To do that, the detainee applies to the detention facility governor for withdrawal of money from his personal account. The governor verifies the availability of money on the detainee’s personal account, acknowledging this in the application. Thereafter, an appropriate decision is made about the application. Top priority items are procured from the kiosk through an employee of the detention facility.
21. Policy on rounds
The detainees are entitled to rounds. The duration of rounds can not be less than 1 hour daily.
The detainees whose rounds are prohibited by the doctor are not taken out for round.
The detainee can of his own accord refuse to participate in the round.
The rounds of the detainees are performed in daytime, based on the timetable approved by the detention facility chief.
Detainees are taken to rounds in clothes fit for the season.
A special round yard(s) is arranged in the specially protected area of the detention facility, its size is established taking into account the need to provide all inmates of the detention facility with rounds in daytime.
The round can be ended sooner than the time-limit established by decree of the detention facility governor or its duration can reduced, due to unfavorable weather conditions, emergencies (escapes, suicide, etc.), as well as in conditions of emergency situation and deterioration of situation.
There must be appropriate areas in the detention facility for leisure time and sports. The detention facility administration must properly organize these events, and develop relevant programs for holding these events. Guided by the detention facility doctor, special healthcare measures must be arranged for those who need it.
In case of breach of the internal regulations by the detainees, the round can be terminated prematurely. The duration of the round can be extended as a form of commendation.
During the round, the detention facility administration conducts cell searches and technical checks to find prohibited items.
The round is conducted under the supervision of the detention facility administration. The place of round must be safe (in terms of escape) and be under supervision. During the round, the detainees must be given an opportunity to use drinking water and toilets.
22. Participation of detainees in religious ceremonies
Detainees perform religious ceremonies in cells. It is allowed to perform ceremonies which do not violate the internal regulations or other persons’ rights.
Detainees are allowed to possess and use religious literature, items of religious cult, except puncturing and cutting items, or made of precious metals and stones, or having historical or cultural value. When possible, the detainees can perform religious ceremonies in places designated for that. The detainees are allowed to receive through delivery, procure and keep religious literature and items of cult.
The freedom of religion and worship is only subject to limitation which is stipulated by law and is needed for protection of public peace, order, health and moral, or protection of other persons’ rights and freedoms.
For spiritual assistance, detainees can invite clergymen at their expense.
23. Using books, magazines and papers
Detainees are entitled to use the press and literature available at the detention facility. For this purpose, libraries are organized at detention facilities, from which newspapers are distributed to cells immediately after receipt. One copy of a newspaper is given to 10 inmates or for 1 cell (if fewer than 10 inmates are kept in the cell). Transfer of books and magazines from the library is done once a week. Detainees are entitled to use literature and press procured at their expense through the detention facility employee, for which the detainee file an application to the detention facility chief. A relevant document is issued to the detainee on that occasion. Formalization of subscription is done at post offices by the detention facility personnel. The money needed for subscription is withdrawn from the detainee’s personal account. The subscription at the post office can be done in the name of the detainee and at the address of the detention facility. The subscription fee can also be paid by close relatives of the detainees
24. Detainees’ labor
When possible, the detainee, of his own accord, is provided with employment or is entitled to be engaged in work on his own. When engaging the detainee in work, the detention facility administration must take into account the gender, age, capacity, health and profession, when possible.
The detainee is engaged into work in the cell, with strict observance of sanitation/sanitary and hygiene, work and fire safety rules.
The detainees’ employment is regulated by the labor legislation of the Republic of Armenia.
The income derived/produced from the work done by the detainee is transferred to the detainee’s personal account after necessary deductions.
It is prohibited to engage detainees into unpaid work, except for sanitary and hygiene activities.
25. Education of detainees
The detention facility administration creates possibilities for correspondence courses for the detainees’ elementary, secondary and higher education.
26. Using additional paid services by the detainees
Detainees are entitled to use the following additional healthcare and other paid services:
Both detention facility employees and other persons can provide additional paid services to the detainees. The payment for these services is done at the rates valid at the local district of the detention facility. When using additional paid services, the detainee applies to the detention facility chief, to withdraw money from his personal account.
The detention facility chief verifies the availability of the appropriate amount on the detainee’s personal account and makes an appropriate note on the application. Thereafter, an appropriate decision is made with respect to the application.
27. Relations between the detainees and detention facility administration
Detainees are entitled to civilized treatment by the detention facility personnel. They are addressed in the polite form of address and the word “Citizen” adding the surname or “Detainee” or “Convict”, respectively.
Detainees are addressed by the detention facility employees in the polite form and using the word “Citizen” and then call the title and rank
28. General conditions for use of physical force, special measures and firearms at detention facilities
The procedure for the use of physical force, special measures and firearms at detention facilities is established in the law of the Republic of Armenia “On the Treatment of Arrestees and Detainees”.
29. Policy on using incentives with respect to detainees
The detention facility governor may apply incentives with respect to disciplined detainees, as follows:
commendation;
The commendation is announced orally or in the written form, and other incentives are applied only in the written form.
30. Penalties imposed on detainees and the procedure thereof
The following penalties can be imposed on the detainees for the breach of the internal regulations:
When considering the committed disciplinary breach and imposing a disciplinary penalty, the detention facility chief familiarizes himself with the written materials of the detention facility concerning the incident, and when needed, verifies the information concerning the incident.
When choosing the type of disciplinary penalty, the conditions in which the breach took place, the detainee’s personality, his behavior before the breach and the general characteristics are taken into account. The imposed penalty must correspond to the gravity of the committed breach.
The penalty is imposed exclusively on the offender, immediately or no later than 10 days after the breach was revealed.
It is prohibited to impose several penalties for 1 violation.
Reprimands are announced in oral or written form, and other types of penalties are imposed only in written form.
Detainees can be transferred to the punishment cell for the following reasons:
Transfer to the punishment cell as a means of penalty is also used with respect to the detainees who were subjected to more than 2 disciplinary penalties.
Transfer to the punishment cell is used by order of the detention facility governor, based on a medical conclusion.
It is prohibited to impose on the inmates of the punishment cell other restrictions than established by law.
The detention facility governor may delay the transfer to the punishment cell, reduce the time in the punishment cell, or release the inmate prematurely, taking into account his behavior and other considerations.
Premature release from the punishment cell can be done based on medical indications or by permission of the detention facility chief.
If the detainee does not commit new breaches during delay of the penalty, the detainee can be exempted from the punishment.
Detainees are transferred to punishment cells with mandatory indication of the duration of their stay. The transfer of the detainees to the punishment cells is done when other measures of impact have been exhausted, as well as when the internal regulations are willfully violated.
Female detainees who are breastfeeding, pregnant or exempted from work for the reasons of childbirth, are not transferred to the punishment cell.
The time spent in medical institutions by inmates of the detention facility punishment cells transferred to the medical institutions of the criminal executive system is accounted in the term of punishment.
The punishment imposed on the detainees can be appealed to the bodies in charge of supervision and monitoring of detention facilities. The appeal does not suspend the punishment.
The doctor visits the person subjected to disciplinary penalty every day.
31. Conditions in punishment cells
Detainees are kept in punishment cells alone.
In the punishment cell, the sleeping place is provided only during the hours dedicated for sleep. When in the punishment cell, correspondence, visits (except meetings with the lawyer), phone calls, procurement of additional food and top priority items, receipt of deliveries and parcels, table games, newspapers, books, magazines and other literature are prohibited to the detainees. The deliveries and parcels received in this period are handed to them after their release from the punishment cell. The inmates of the punishment cell are entitled to at least 1-hour round per day.
The logistic norms for punishment cell inmates must conform to the ones of the internal regulation.
It is prohibited to impose other penalties on the punishment cell inmates.
32. Peculiarities of conditions for detained pregnant women or the ones keeping children under 3 years with them at the detention facility
While in detention, detainees are entitled to keep their children under 3 with them.
The child’s birth certificate and other documents attesting to kinship between the child and the detainee are the grounds for the admission of the detainee with the child, and in case of their absence, the resolution of the person or body which in is charge of the given criminal case.
Pregnant women or persons with young children are not penalized with confinement in the punishment cell. Pregnant women or persons with young children are accommodated in the most comfortable, dry and naturally lighted cells, possibly with hot water. One-tier beds are installed in such cells. These are located in a separate regime building or in isolated sections of regime buildings. Living space per person must be no less than 4 m2. Each child is provided with bed. Persons with small children are granted items needed for childcare. In case of absence of hot water in the cell, it should be delivered to the cell by the detention facility employee. Special prophylactic and medical aid is provided to the pregnant women. In the prenatal period, the administration of the detention facility must advise to that effect the body or person in charge of the criminal case, and discuss with them the change of restraint measures.
During childbirth, the detainee must be transferred to the institution with a maternity ward. If there is a female penitentiary with a maternity ward nearby, the woman is transferred there during childbirth. The detainee can be transferred to the maternity ward at the hospital of the criminal executive system. If this is impossible, the woman can be admitted to the ordinary local hospital, maintaining proper supervision.
For pregnant and breastfeeding women, improved norms of feeding and logistics are established. In addition, child fodder must be provided, by norms envisaged for children of this age at pediatric institutions.
A yard with trees and a playground must be allocated for the persons with children for rounds.
The rule of making rounds by cells is not extended to pregnant women and persons with small children.
In the event the person with a child is ill, does not perform parental duties, treats the child with cruelty, or regularly breaches the internal regulations, the detention facility administration is entitled to temporarily hand the child over to the relatives or to a children’s institution, or to file a motion on the termination of parental rights to the court. In addition, the person by his/her initiative can hand over the child to relatives or other persons. In particular, the detention facility administration must assist this person as much as possible.
To hand the child over to the relatives, it is necessary to clarify with the detainee who can undertake the childcare. If the detainee has no relatives, the administration takes measures to place the child in a children’s institution.
33. Peculiarities of keeping juveniles in detention facilities
Juvenile detainees must be kept separate from adult detainees in specially designated isolated buildings, sections or floors.
Juveniles are provided with improved conditions and one-tier beds. In one cell, there must be no more than 3 persons.
The duration of rounds shall not be less than 2 hours. The site for rounds must be adapted for physical exercises, various games and sports.
In addition, the administration must organize the leisure time of the juveniles: TV sets are installed in cells or other facilities; premises are allocated for sports.
34. Detainee’s financial liability
Detainees are financially liable for the financial damage inflicted on the state, natural persons or legal entities while in detention, as prescribed by the legislation of the Republic of Armenia.
Detainees compensate the damage to the detention facility, as well as for the costs incurred when they escaped or the medical treatment of self-inflicted willful injuries.
To reveal those who inflict financial damage, the administration conducts internal inquiry initiated by the detention facility governor or acting governor.
In case of refusal to compensate for the damage of one’s own accord, the damage is collected by court.
The financial damage inflicted by detainees can be compensated by their relatives or other persons. In case of forwarding the detainee to a correctional institution, the financial damage not compensated by him can be compensated from the money coming to his personal account. In case the detainees have no money, and when the damage is compensated partially, the decision to compensate the damage is forwarded to the correctional institution where he is kept now. Deductions are made from the income of the person who inflicted the damage.
In case the detainee is released, the uncompensated damage is collected by the court.
To collect money from the personal account, a protocol is compiled in three copies, signed by the chief, the officer on duty and the person from whose account the collection must be made. One copy with the resolution and the collected amount are forwarded to the financial department of the detention center (to the accountant), the second one is attached to the personal file, the third one is given to the detainee with signature.
The financial damage to the detainee through the fault of the administration is compensated as prescribed by procedure.
35. Peculiarities of the administration’s duties
The administration must provide the following by instruction of the person in charge of inquiry, the investigator, the prosecutor or the court:
The copies of forwarded documents are attached to the detainee’s file.
36. Grounds and procedure for release of the detainee from detention facility
The following are the grounds for the release of detainees:
The release of detainees is done by the detention facility governor, upon receipt of the court decision, or relevant decision of the investigator, body of inquiry, or prosecutor.
10 days prior to the expiry of the detention term, the chief must advise in the written form, by telegram or phone the body or person in charge of the criminal case.
If on the day the expiry of legally fixed detention term, no decision on the extension of the detention term is received, then the detention facility governor releases the detainee by his decision (Appendix 15).
The personal documents, items, the balance on the account, and a document with the grounds for release are handed to the released detainees (Appendix 16).
Released detainees are provided with free transit to the place of residence in the territory of the Republic of Armenia, with food needed in transit, and in case of lack of money, with clothes appropriate for the season. They can be also provided with a lump-sum allowance.
Free transit, food, clothes and the lump-sum allowance are provided by the administration.
The administration advises the relatives or other persons about the release of persons needing care due to health condition, pregnant women or persons with small children and minors. In case of lack of relatives, necessary aid is provided by the administration.
Detainees are sent to the places of residence accompanied with close relatives or other persons, or the employee of the given institution.
Release from detention in courtroom is done immediately, based on the court ruling.
When releasing the detainee, a note is made in his file to that effect.
Inventory of items prohibited for possession, procurement or receipt in deliveries and parcels
In each cell, no more than 1 lighter and 1 match box can be kept.
Other items may also be prohibited by the facility governor’s justified decision, if their possession in the specified amount or by sanitation and other considerations is not expedient.
APPENDIX
Protocol on the Search of the detainee and examination of his items
The name, surname and position of the person who compiled the protocol:
Date: …. 200…, time: … hours, … minutes
In the presence of the following witnesses to the search (name, patronymic, surname, address):
1.
2.
who have been advised about their rights and duties, personal search of (name and surname of the detainee) …. was conducted as well as his personal items.
The searched person has on himself (items listed): …
RESULTSThe following was found during search and examination (indicate items, documents and valuables with description, their properties and their place and other considerations with respect to their detection): ….
Statements and observations of the searchers and witnesses concerning the search and examination of items: …
(the reverse of the protocol)
The protocol was read aloud and is compiled correctly
Witnesses (signed):
Searcher (signed):
Persons in charge of search and compilation of the protocol (signed):
Items found during search and examination:
Valuables, money and documents (indicate type):
Attached to the criminal case, destroyed, handed to the detainee:
Handed: to relatives, for safekeeping, place and No. of reference:
Signature of the person who compiled the protocol:
I received the copy of reference for safekeeping of money and valuables (detainee’s signature):
I received the items and documents found during search (indicate type, detainee’s signature):
.. 200…
Note: the Minutes are compiled in three copies, the first one is attached to the criminal case, the second one, to the personal file of the detainee, the third one, is kept with the confiscated valuable and documents.
APPLICATIONCitizen (name, patronymic, surname):
Residing (address):
Applies for the receipt of the delivery (parcel) to be handed to detainee (name, patronymic, surname):
List of items|
No. |
Items, food |
Weight |
quantity |
Notes |
|
|
Kg |
gram |
||||
|
|
|
|
|
|
|
Signature: … 200…
Received (signature, officer on duty): … 200…
Received (signature, officer on duty): … 200…
Appendix
LIST OF CLOTHES
|
No. |
Items of clothes |
Quantity of clothes per person |
Valid for |
|
|
|
|
Male |
Female |
|
|
1. |
Winter hat |
1 |
|
2 yrs |
|
2. |
Summer hat |
1 |
|
1 yr |
|
3. |
Semi-wool headscarf |
|
2 |
2 yrs |
|
4. |
Cotton headscarf |
|
1 |
2 yrs |
|
5. |
Cotton coat (short) |
1 |
|
2 yrs |
|
6. |
Cotton jacket with lining |
|
1 |
2 yrs |
|
7. |
Cotton suit |
1 set |
|
1 yr |
|
8. |
Cotton dress |
|
2 pcs |
2 yrs |
|
9. |
Cotton underwear |
2 sets |
|
1 yr |
|
10. |
T-Shirt |
4 pcs |
|
1 yr |
|
11. |
Boxers |
4 pcs |
|
1yr |
|
12. |
Shirt |
2 pcs |
|
1 yr |
|
13. |
Cotton briefs |
|
6 pcs |
1 yr |
|
14. |
Bra |
|
4 pcs |
1 yr |
|
15. |
Cotton socks |
6 pcs |
|
1 yr |
|
16. |
Cotton pantyhose |
|
4 pcs |
1 yr |
|
17. |
Trousers |
1 |
|
1 yr |
|
18. |
Gloves |
1 pair |
1 pair |
1 yr |
|
19. |
Leather boots or leather shoes (w/ rubber soles) |
1 pair |
1 pair |
1 yr |
|
20. |
Slippers |
2 pairs |
2 pairs |
1 yr |
LIST OF BEDCLOTHES
|
No. |
Items |
Quantity |
Valid for |
|
|
|
|
|
|
1 |
Semi-wool blanket |
1 |
2 yrs |
|
2 |
Mattress |
1 |
2 yrs |
|
3 |
Cotton pillow |
1 |
2 yrs |
|
4 |
Bed sheet |
4 |
1 yr |
|
5 |
Pillow case |
2 |
1 yr |
|
6 |
Towel |
4 |
1 yr |
|
7 |
Hygiene towel (for females) |
2 |
1 yr |
REFERENCE
Detainee’s name, surname, patronymic:
From … 200… to … 200…
Was kept at detention facility (the name of the criminal executive institution):
Grounds for release:
Chief:
… 200…