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LAW OF THE REPUBLIC OF ARMENIA

of March 7, 2002 No. ZR-305

About content of detainees and the arrested persons

(as amended on 30-09-2019)

Accepted on February 6, 2002

Chapter 1. General provisions

Article 1. Tasks of this Law

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.

Article 2. The general principles of detention of the detainee and the arrested person

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, and also the brutal or degrading advantage actions is forbidden.

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.

Article 3. The bases of content of person in places of content of detainees and in places of content of arrested

The basis of content of person in places of content of detainees is the protocol of detention constituted according to the Code of penal procedure or the resolution of criminal prosecution authority on detention.

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 of the Republic of Armenia about application of arrest as measure of restraint or about belt 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.

Article 4. Places of content of detainees and place of content of arrested

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.

Governors have no powers of coordinating of activities of places of content of detainees and places of content of arrested.

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.

Article 5. Use of correctional facilities for detention

Suspects or convicts accused of making of new crime serving sentence in correctional facilities 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 medical institutions 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.

Article 6. Transfer of person containing in the place of content of arrested to the place of content of detainees

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 investigative actions and judicial investigation arrested in connection with accomplishment outside the place of content of arrested.

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.

Article 7. Movement of the arrested person

The arrested person moves escorted by special vehicles. When moving the arrested person shall be whenever possible protected from narrow-minded curiosity.

Proceeding from interests of investigation the arrested person moves separately from other arrested or the detained persons on the resolution of the body performing criminal proceedings.

Article 8. Terms of detention

Terms of detention are established by the Code of penal procedure.

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