Back Advancing alternative to detention restraint measures in Armenia

Advancing alternative to detention restraint measures in Armenia

The new Criminal Procedure Code of Armenia extends the types of restraint measures by introducing administrative control and house arrest, the latter being closest to detention in terms of restriction of the rights and freedoms. To ensure the proper implementation of the new provisions of the Code the Council of Europe supports criminal justice actors for setting-up of new practices by strengthening their professional skills and changing their mind-set as duty-bearers towards the other participants of criminal proceedings based on the new legislation.

More specifically, on 19-20 June the Council of Europe Projects "Strengthening the Probation Service in Armenia” and “Support to the Effective Execution of the Judgements of the European Court of Human Rights in Armenia” jointly organised a discussion on the practical Guides that were prepared for the national legal professionals, including from probation services, which address various issues that hinder the effective application of certain restraint measures alternative to detention.

Prior to the preparation of the Guides, information on the concerns raised by the Court of Cassation, the Prosecutor General’s Office and the Probation Service was collected in view of designing possible solutions as regards the application of house arrest, administrative control, bail and prohibition to leave the country. The workshop addressed issues of the national legislation related to the application of alternative restraint measures, challenges encountered when using these measures, and practical issues of implementing house arrest and administrative supervision at the national level in the light of the case law of the European Court of Human Rights, and European best practices. The discussions also focused on future steps to promote the use of alternative measures of restraint and the need for closer cooperation between probation services and other key players in the criminal justice system of Armenia.

"Support to the effective execution of the judgments of the European Court of Human Rights in Armenia" project funded by Human Rights Trust Fund and along with “Strengthening the Probation Service in Armenia” project are implemented in the framework of the Council of Europe Action Plan for Armenia for 2023-2026.

TSAGHKADZOR, ARMENIA 19-20 JUNE 2024
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 Start date: 1 January 2023

 Duration: 24 months

 Funding: EUR 500,000, onors contributing to the Council of Europe Action Plan for Armenia 2023–2026 

 Leaflet of the project

Partners: Ministry of Justice of the Republic of Armenia, Probation Service

Built upon the results achieved from the implementation of the Project “Support the scaling-up of the probation service in Armenia”, the Project “Strengthening the Probation Service in Armenia” financed by Council of Europe Action Plan for Armenia 2023 – 2026 assisted national authorities in facilitating the use of probation services in the country, thus enhancing community safety and the fair administration of justice.

It was implemented in close cooperation and partnership with the Ministry of Justice and State Probation Service, as well as other national stakeholders, including civil society organisations active in are of probation.

The Project accomplished the following outcomes:

  • The knowledge and skills of probation officers on probation methods, risks and needs assessment tool and rehabilitation programmes were enhanced thanks to effective and sustainable training centres and regular staff evaluation;
  • The co-operation among all actors of the criminal justice system on the basis of a shared understanding of new Probation service functions and respective roles and responsibilities was enhanced;
  • The accessibility by offenders to effective rehabilitation/resocialisation programmes was enhanced;
  • E-probation system was further updated and supported to become operational.

The key documents for this Project are Recommendation CM/Rec(2010)1 on the Council of Europe Probation Rules, Recommendation CM/Rec(2017)3 on the European Rules on community sanctions and measures, Recommendation CM/Rec(2014)4 on electronic monitoring, Rec. R (2003) 22 concerning conditional release, as well as the findings and the recommendations of the European Committee for the Prevention of Torture (CPT) and the judgments of the European Court of Human Rights (ECtHR).

Reference documents