Report

on the work done by the investigative commission

Of the of the Artsakh Republic National Assembly in June 2018

June 2, Investigation Commission of the Artsakh Republic National Assembly was established in accordance with the requirements of Article 121 of the Constitution of the Republic of Artsakh, Chapter 7, Articles 20-26 of the Law "Regulations of the National Assembly" with the purpose of studying some episodes of the law enforcement system, in particular some police units, individual employees of the Republic of Artsakh. The reason for its creation served as an event in Stepanakert, a domestic conflict that ended in a fight with some of the servicemen of the security services. This incident in the republic, in particular in Stepanakert, caused a wide public response. As a result of protest actions by citizens, resignation applications have been submitted by the Chief of Police of the Republic of Artsakh, Head of the National Security Service and his deputy. Investigation Commission of the National Assembly have carried out its work, studying written and oral statements addressed to the commission.

According to the citizens subjected to the drive, they were beaten; violence was used towards them, accompanied by indecent remarks. They were also limited in the provision of medical care, water and food.

Despite the fact, that under the Constitution of the Republic of Artsakh dignity is the highest value, as well as the 2011 decree of the Government of the Republic of Artsakh, the order of rights was approved, subject to notification on the basis of restrictions on human rights and freedoms, residents of Chartar subjected to a drive and lawyers ascertain that torture was applied against citizens. The name of Norik Mirzoyan was the most often mentioned. Naturally, the investigative commission cannot perform operative-search and other functions. Consequently materials with a report on the crime will be forwarded to the Prosecutor's Office of the Republic of Artsakh in order to continue the course of the case.

No matter how much we try to connect the recent events with purely domestic disputes, nevertheless, it should be noted that in the law enforcement sphere there are issues of legislative, structural, personnel and other nature that have accumulated over the years. Particularly:

1. Isolator of temporary detention (Shushi) should be removed from the subordination of the police and transferred to the administration of the justice system of the Republic of Artsakh.
2. Create a public council under the Head of the Police of the Republic of Artsakh. It can be an expert and may include members of public organizations. A similar structure can also operate under the Human Rights Defender. The goal is to develop effective mechanisms for public control over police activities. Such involvement of the society will allow keeping under constant supervision the work of closed structures, without the participation of the state.
3. Increase the control function of the NA with the provision of the latter, for example, the status of a ministry. Even having addressed with a letter to the police of the Republic of Artsakh, we could not get the detailed information disclosed on the movement of the police extra budgetary funds. Only general information was given without a legal basis and a list of beneficiaries.
4. By saying to bring the legislative field concerning torture in line with modern requirements we mean the Istanbul protocols on closed institutions. At the same time, legislative regulation cannot be the main target, since the law is only an instrument in the fight against torture. We attach importance to its practical application - practical implementation against torture in the preventive sense. It is also possible to involve representatives of the public here, as carriers of alternative views on the activities of closed institutions.

It should be noted, that modern international practice applies more severe punishments in relation to the person who tortured. They do not apply, for example, to the institutions of pardon.

5. The materials available in the commission of inquiry should be sent to the Prosecutor's Office of the Republic of Artsakh in order to give way in the framework of an outright protest criminal case.

​25.06.2018                                                                                                                                                                                                  E.Aghabekyan

Stepanakert