Immediately after the publication of the information on arresting Mr. Mher Yeghiazaryan by the law enforcement bodies, the Human Rights Defender initiated an investigation of Mr. Yeghiazaryan’s case upon own initiative, without an application or a complaint. At the assignment of the Defender, the visits to Mr. Yeghiazaryan in the place of deprivation of liberty were regular, and the Human Rights Defender took all necessary measures within their mandate.
In particular, immediately after the publication of the information on Mr. Yeghiazaryan’s arrest, at the Defender’s assignment, a visit was paid to the Detention facility, and another visit was paid to Nubarashen Penitentiary Institution on the same day when detention was chosen as a measure of restraint.
A private interview was held, as well as his detention conditions were monitored. During the private interview, upon the request of the Defender’s representative, Mr. Yeghiazaryan provided his lawyer’s contact details to maintain regular contact with him.
During the first private interview, Mr. Mher Yeghiazaryan raised issues related to comprehensive, full and objective investigation of his criminal case and noted that he had started a hunger strike. Mr. Yeghiazaryan also mentioned that unjustified prohibition was imposed on visits and telephone conversations with other persons, including his close relatives. According to Mr. Yeghiazaryan, due to the lack of contacts with the outside world, "Haynews.am" media outlet, owned and coordinated by himself, is having financial losses and could be closed. Besides, Mr. Yeghiazaryan informed that he had a second group of disability due to cardiovascular disease and the chosen measure of restraint was incompatible with his health condition.
During the investigation of Mr. Yeghiazaryan’s case, the Defender’s representatives maintained regular contacts with his son, who provided the Office of the Human Rights Defender with the copy of the document proving his disability group.
After the visit and private interview, an official letter was addressed to Prosecutor General’s Office, presenting all the raised issues.
In particular, the claims of Mr. Yeghiazaryan's on changing the preliminary investigative body were raised, as well as a clarification with regard to the reason of prohibiting visits and telephone conversations with close relatives was requested. The issue on eliminating this prohibition was addressed.
Besides, taking into account Mr. Yeghiazaryan’s health condition, a question was raised on changing detention as a measure of restraint. The information on his disability group was sent to criminal prosecution body, in the context of discussing the assignment of the Forensic Commission Expert Examination as prescribed in Decision N 1636 of the RA Government "On Approving the Procedure for Establishing Interagency Medical Committees" of 4 December 2003 for the purpose of changing the measure of restraint.
In the official letter addressed to the Penitentiary Service, issues with regard to detention conditions of Mr. Mher Yeghiazaryan were raised. The issues with regard to his health condition were discussed with the medical staff of the penitentiary institution.
Within the framework of the investigation of Mr. Yeghiazaryan's case, the Human Rights Defender's Office continued its visits to him at the place of deprivation of liberty in December 2018 and January 2019. The constant contact with Mr. Yeghiazaryan's son and lawyer has been maintained.
The last visit to M. Yeghiazaryan was on January 21, 2019. At the time of the visit, he was in the medical unit of the penitentiary institution and informed that he had ended the hunger strike on January 17. The Defender’s representatives have raised the issue of medical supervision over Mr. Yeghiazaryan regarding his health condition after the hunger strike. A clarification was received that Mr. Yeghiazaryan is under the supervision of the medical personnel of the penitentiary insitution. Mr. Yeghiazaryan himself stated that although he was trying to receive food, but afterwards he was vomiting. In this connection, the penitentiary institution clarified that as a result of Mռ. Yeghiazaryan's hunger strike he had a disorder of digestive system and they offered him to have light food and soups.
All information available on Mr. Yeghiazaryan's case will be summarized and sent to criminal prosecution authorities.
The Defender’s Office has a concrete system of visits to penitentiary institutions, approved by the Human Rights Defender. During the visits, private interviews are held with people deprived of liberty, as a result of which many issues that fall under the mandate of the Human Rights Defender are resolved.
Due to the peculiarity of places of deprivation of liberty, the Defender's work is carried out on the basis of internationally accepted principles and is not always public.
Ongoing clarifications were presented to the media outlets which regularly inquired information about the Defender’s activities with regard to Mr. Yeghiazaryan’s case.
It is unacceptable that there is still no programme or strategy to prevent deaths of arrested persons, detainees, or convicts at the places of deprivation of liberty, including penitentiary institutions. Unfortunately, over the years, practice has been limited to investigation of individual cases. Meanwhile, as consistently mentioned in all the reports and positions of the Defender, the cause and contributing factors of each of these cases should be analyzed, and an action plan must be developed and approved to prevent any death case. This is the state's positive obligation to guarantee the right to life of a person deprived of liberty.
Issues related to the protection of the rights to healthcare and life of persons deprived of liberty in places of deprivation of liberty, and especially in penitentiary institutions, are always under the direct attention of the Human Rights Defender. They are thoroughly analyzed by the Defender in the relevant documents and recommendations are submitted to the competent bodies.
The Defender takes all measures within his mandate to contribute to the solution of the problems.