of March 7, 2002 No. ZR-305
About content of detainees and the arrested persons
Accepted on February 6, 2002
This Law determines in established by the Code of penal procedure of the Republic of Armenia (further the Code of penal procedure) procedure the general principles, conditions and procedure for detention of the detainee and the arrested person, the rights of detainees and the arrested persons, guarantees of observance of the rights, their obligations, and also procedure for their release from custody.
Detention of the detainee or the arrested person is performed on the basis of the principles of legality, equality of detainees or the arrested persons before the law, humanity, respect of the rights, freedoms and advantage of person according to the Constitution of the Republic of Armenia, the Criminal code and the Code of penal procedure of the Republic of Armenia, and also with the well-known principles and rules of international law.
Application concerning detainees or the arrested persons of physical abuse is forbidden, and also to show cruel, brutal or degrading treatment.
The procedure and conditions of detention of the detainees or the arrested persons provided by this Law extend to all detainees or the arrested persons irrespective of their nationality, race, floor, language, religion, political or different views, social origin, property or other status.
The basis of content of person in places of content of detainees is the decision on detention made by the investigator according to the Code of penal procedure.
The basis for content of person in the place of content of the arrested persons is the judgment made according to the Code of penal procedure about application of arrest as measure of restraint or about temporary arrest or arrest for delivery of person.
Acceptance and content of person in places of content of detainees or in places of content of arrested without the bases provided by part one or the second this Article is forbidden.
Places of content of detainees and the place of content of arrested are effective in structures of authorized bodies of public administration of the Republic of Armenia.
Features of construction and equipment of places of content of detainees are established by the Government of the Republic of Armenia.
The part two voided according to the Law of the Republic of Armenia of 28.06.2022 No. ZR-249
Places of content of detainees and the place of content of arrested are created, will be reorganized and liquidated by the order of the Government of the Republic of Armenia.
The convicts accused of making of new crime serving sentence in criminal and executive organizations can contain in the same organizations in the sites which are specially equipped for this purpose, separately from other convicts.
Persons specified in part one of this Article can be transferred to the institutions performing the medical care and servicing having the corresponding license on the bases, stipulated by the legislation, based on the conclusion of the doctor, according to the decision of the chief of organization according to the procedure, established by this Law.
The arrested person can be transferred by the resolution of the investigator, prosecutor or the judgment to the place of content detained by duration up to three days in case of impossibility of daily delivery of the arrested person from the territory of finding of the place of content of the evidential actions arrested in connection with carrying out and carrying out legal proceedings outside the place of content of arrested, the investigator.
In the case provided by part one of this Article and also in case of impossibility of transfer of the arrested person to the place of content of arrested at the scheduled time due to the lack of transport connection the arrested person contains in the place of content of detainees according to the procedure and on the conditions established for the place of content of arrested.
The detained or arrested person is transported escorted by at the expense of means of the state.
The detained or arrested person is transported on the vehicle with sufficient lighting and ventilation excluding causing to it excessive physical inconveniences, if necessary – under medical observation. In course of carriage the detained or arrested person shall be provided with the corresponding material and household and sanitary and hygienic conditions, and also is whenever possible protected from public curiosity.
Proceeding from interests of justice, the decision of the body performing criminal proceedings, the arrested person is transported separately from other arrested or the detained persons with observance of requirements, the stipulated in Article 31 this Law.
Voided according to the Law of the Republic of Armenia of 28.06.2022 No. ZR-249
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