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CONSTITUTIONAL LAW OF THE REPUBLIC OF ARMENIA

of January 14, 2017 No. ZR-1

About the defender of human rights

(as amended on 27-06-2022)

Accepted by National Assembly of the Republic of Armenia on December 16, 2016

Chapter 1. General provisions

Article 1. Subject of regulation of the Law

1. This Constitutional law establishes powers, procedure for activities and guarantee of the Defender of human rights of the Republic of Armenia (further - the Defender), procedure for election and termination of powers of the Defender, feature of legal status and civil service of persons holding positions in the Defender's device.

Article 2. Defender of human rights

1. Zashchitnik – the independent official who monitors observance of human rights and freedoms by state bodies, local government bodies and their officials, and in the cases established by this Law – also the organizations promotes recovery of the violated rights and freedoms, enhancement of the regulatory legal acts concerning the rights and freedoms. In the case established by the law and procedure appoints (pushes) the representative (member) Zashchitnik in competitive councils (contest committees) and other bodies.

2. The status of the national preventive mechanism (further – the National preventive mechanism) established by the Optional protocol to the Convention of the UN of 1984 "Against tortures and other cruel, inhuman or degrading treatment or punishment" accepted on December 18, 2002 is allocated for the defender.

3. The defender performs permanent monitoring of application of provisions of the Convention of the UN "About the child's rights", accepted on November 20, 1989, and also the prevention of violations and protection of the rights of children.

4. The defender performs monitoring of application of provisions of the convention of the UN "About the rights of people with disabilities", accepted on December 13, 2006, and also prevention of violation and protection of the rights of persons with disability.

Article 3. Principles of activities of the Defender

1. The defender when implementing the activities is guided by the principles of equality, impartiality, publicity, transparency and other principles enshrined in the Constitution.

Article 4. Restriction of occupation by the Defender other activities

1. The defender cannot hold the position which is not caused by the status in other state bodies or local government bodies, any position in the commercial organizations, to be engaged in business activity, to perform other paid work, except scientific, educational and creative work.

2. The defender can be a member of the international organizations in the field of human rights or be involved otherwise in them if it does not contradict the functions allocated for the Defender by the Constitution and this Law and also does not influence his impartiality.

3. The defender during implementation of the powers cannot be the member of any batch or any otherwise to be engaged in political activities. The defender shall show political restraint in public statements.

Chapter 2. Guarantees of activities of the Defender

Article 5. Independence of the Defender

1. The defender when implementing the powers is independent, is guided only by the Constitution, this Law and international treaties of the Republic of Armenia.

Article 6. Immunity of the Defender

1. The defender during the term of the powers and cannot be pursued and made after that responsible within the activities of the Defender following from its status including for the opinion expressed in National Assembly.

2. Criminal prosecution concerning the Defender can be initiated, the Defender can be imprisoned only in the consent of National Assembly of the Republic of Armenia – at least than three fifth voices from total number of deputies.

3. The defender can be imprisoned without the consent of National Assembly when he was detained at the time of crime execution or directly after that. In this case imprisonment cannot continue more than seventy two hours. About deprivation of the Defender of freedom to be informed without delay the Chairman of National Assembly.

4. The defender during the term of the powers and cannot offer after that explanations or to be the statements or claims, documents acquired during their studying or consideration, or decisions which are rather passed to them addressed to it in course of execution of position interrogated concerning being on them.

5. Correspondence, telephone conversations, post, cable messages and other forms of communication of the Defender connected with implementation of its powers are subject to control only by a court decision - according to the petition of the Attorney-General of the Republic of Armenia if it is connected with need of suppression of making of heavy or especially serious crime or its disclosure.

Article 7. Safety of the Defender

1. The defender and members of his family are under special state protection. Competent state bodies based on the statement of the Defender shall take necessary measures for safety of the Defender and his family.

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