Unofficial Translation

“Registered”

By the Ministry of Justice of the RA

January 25, 2005

State Registration No. 11205059

HEAD OF POLICE

OF THE REPUBLIC OF ARMENIA

14 January, 2005 N. 1

Yerevan

DECREE

ON APPROVING THE PROCEDURE

FOR THE ACTIVITY OF THE GROUP OF PUBLIC OBSERVERS

IN POLICE DETENTION CENTERS OF THE REPUBLIC OF ARMENIA

Being guided by the Article 47 of the law “On the Treatment of Arrestees and Detainees” of the Republic of Armenia

I HEREBY DECREE

To approve the “Procedure for the Activity of the Group of Public Observers in Police Detention Centers of the Republic of Armenia” as per the Annex.

GENERAL-LIEUTENANT OF POLICE

H. HARUTYUNYAN

Annex

To Decree No. 1

of January 14, 2005

by the Head of Police of the RA

PROCEDURE

For the Activity of the Group of Public Observers

in Police Detention Centers of the Republic of Armenia

1. The Group of public observers (hereinafter referred to as the Group) in police detention centers (hereinafter referred to as the KPZ) of the Republic of Armenia is a supervision body that addresses the issues of the protection of rights and freedoms of the persons detained in police detention centers.

2. The activities of the Group shall be aimed at:

a) Public supervision of the protection of rights of persons detained in KPZs; improvement of their living conditions; keeping the public up-to-date on the main problems in KPZs,

b) Detection and prevention of the cases of human rights violations in KPZs,

c) Submission of conclusions and recommendations to the Police and civil society of the Republic of Armenia on the basis of the analysis of the situation in KPZs,

d) Study of the legislation and other legal acts regulating the activity of KPZs to make amendments and supplements where necessary; submission of recommendations on the elaboration of new legal acts.

3. The composition of the Group shall be approved by the Decree of the Head of Police of the Republic of Armenia.

The pretender shall submit an application, copy of the passport, autobiography, health certificate, reference from the organization he is represented by, copy of the Statutes of the organization. Preference shall be given to the organizations which, during last one year, have been involved in the implementation of the goals defined in the 2^nd paragraph of the present Procedure within the framework of their activities.

The Group shall select a Chairman from among its members for a period of one year and, if necessary, a Vice-Chairman shall also be selected. The Chairman (Vice-Chairman in his absence) shall supervise the activities of the Group.

4. The Group shall consist of no less than seven and no more than twenty one persons. Furthermore, each non-governmental organization can have only one member in the Group.

5. The decision on the inclusion of a new member in the Group shall be taken on the consent of the majority of the Group members, and afterwards shall be submitted for the approval of the Head of Police of the Republic of Armenia.

6. Any citizen of the Republic of Armenia, who is 18 years old, is fluent in Armenian language, irrespective of the nationality, race, gender, faith, political and other views, social background, property and other status, can become a member of the Group.

7. Preference shall be given to those having a profession of a lawyer, pedagogue, doctor, psychologist.

8. A Group member shall behave as a person adhering to strong moral values.

9. It will not be possible to become a member of the Group for those, who:

a) Have been recognized as incapable or partially capable by a court,

b) Have been convicted for committing a crime and the criminal record has not been quashed or expunged in compliance with the defined procedure,

c) Suffer from a disease that can hamper the implementation of their authorities,

d)Are civil servants,

e) Act advocates.

10. The Group shall function on a non-profit basis.

11. During its activities the Group shall be guided by the Constitution of the Republic of Armenia, legislation of the Republic of Armenia, the present Procedure and the rules of ethics of the Group.

The Group shall cooperate with the administrative personnel of the KPZ.

12. With an aim to solve the problems within the scope of Group’s activities, the Group members shall have the right to free access to KPZ, to meet persons detained in the KPZ; to familiarize with the internal legal acts regulating the activity of KPZs; on the consent of the person detained in the KPZ to familiarize with his personal folder and correspondence with the exception of documents that are deemed as a State or official secret.

13. A Group member shall be included in the Group for the period of 3 years.

A Group member shall be provided a document certifying his membership by the Police of the Republic of Armenia.

The list of Group members must be available with KPZs.

14. The supervision by the Group shall be exercised through submitting reports to the Head of Police of the Republic of Armenia and to the public on the basis of the visits paid to KPZs.

The Group shall submit two types of reports - current and annual, on which the Police of the Republic of Armenia shall give its comments.

Current reports may include specific cases of the violation of the rights of persons detained in KPZs and those hampering the implementation of the Group’s authorities. Comments on current reports shall be provided within one month.

Annual reports may describe the general situation in KPZs, main problems and recommendations with regard to their solutions, results of the work carried out by the Group, etc. Comments on annual reports shall be provided within 3 months.

The reports or their fragments compiled on the basis of the visits to KPZs shall be published along with the comments by the Police of the Republic of Armenia.

15. In order to exercise complete supervision, the Group members shall visit no less than half of all the KPZs in the system of the Police of the Republic of Armenia at least once during the year.

16. As a rule, a Group member can meet the person detained in KPZ in private and, if desired by the Group member, with participation of a representative of the KPZ administration personnel.

17. The Group shall convene sessions at least once a month, at which decisions are adopted. As a rule the Group sessions are held in a close-door format, however on the decision of the Group, they can be held in an open-door format as well, at which mass media representatives may also be present. The Group members shall be informed on the session’s agenda in advance.

18. An extraordinary session of the Group can be convened by:

a) The Head of Police of the Republic of Armenia

b) Chairman of the Group

c) Any Group member.

19. The session of the Group shall be considered to have taken place if more than half of the members are present in it.

More than half of votes of the Group members shall be required for a decision to be adopted (with the exception of the decisions on including a new member in the Group; establishment of the rules of ethics for the activities of the Group and in case if there is a mediation with regard to the termination of the authorities of a Group member).

20. Any Group member can express his/her view and position by publicizing or recording it.

The rules of ethics for the Group’s activities shall be adopted at the session of the Group on the approval of the two third of the Group members.

21. The authorities of a Group member shall be suspended on the decree of the Head of Police of the Republic of Armenia, if:

a) A criminal prosecution has been instituted against a member of the Group,

b) Provided that there is a mediation by the two third of the Group members on suspending the authorities of a Group member.

The authorities of a Group member shall be restored on the decree of the Head of Police of the Republic of Armenia if the circumstance defined in the sub-paragraph a) of the present paragraph is no longer valid, or provided the mediation of the two third of the Group members on restoring the authorities of a Group member.

22. The authorities of a Group member shall be terminated on the Decree of the Head of Police of the Republic of Armenia, if:

a) The term of authorities of a Group member has expired,

b) The Group member submits an application on the termination of his/her authorities,

c) The organization who nominated the Group member submits an application on the termination of the authorities of the Group member or replacement with another candidate,

d) Provided that the grounds defined in the paragraph 9 of this Procedure are present,

e) He/she has violated the provisions set forth in the present Procedure, rules of ethics of the Group or legal acts regulating the activities of the KPZ,

f) Provided that there is a mediation by the two third of Group members on the termination of the authorities of a Group member.