Investigative Measures in Armenia
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Introduction
An analysis of statistical data shows that, in general, the Least Developed and Developing Countries are characterized by high crime levels. The reasons are many:
from high poverty to unemployment,
from asymmetrical social relationships to a legal system with flaws,
low level of legal competence, etc.
Although Armenia is one of the developing countries, according to the International Monetary Fund (IMF), our country's crime level is undeniably low. According to the Crime Index for the first half of 2022, Armenia ranks the136th out of 142 countries. Notably, the Armenian judicial system continues to take all possible measures to improve these statistics by preventing an increase in the number of crimes and eliminating criminal phenomena.
However, to ensure a natural life and development of society, it is necessary to prevent actions that violate the rights and legitimate interests of individuals, and in any case, it is essential to restore social justice. Activities to detect and prevent crimes and prosecute offenders have been regulated to achieve the goals mentioned earlier.
In this article we will address the following questions and present the clearest answers:
What are the prohibitions in solving crimes in Armenia?
How are the legal interests of the victim, the accused, the witness and the detained person protected in Armenia?
What are the features of the foreigners' and legal entities' protection in Armenia?
Key takeaways
Despite the fact that Armenia ranks among countries with a low level of crime, the RA justice system is continuously developing measures to reduce the number of recorded crimes, including by improving the scope of investigative operations.
Characteristics of investigative measures (How criminal cases are resolved in Armenia?)
To safeguard the rights of the victim, accused, witness, and detained individual during investigative procedures, it is crucial to understand the nature and objective of such measures.
Crimes are solved by the investigative authorities, whose officials are authorized to take measures to solve crimes and administer justice. The officers who conduct the preliminary investigation include an investigator who collects and examines the evidence. It should be clarified that evidence is collected only a legally. To collect evidence, investigators may use, among other things:
Interrogation,
Confrontation,
On-the-spot review of evidence,
Inspection,
Certification,
Investigative experiment,
Identification,
Request for information,
Seizure of items or documents,
Search,
Seizure,
Exhumation.
When conducting investigative measures, it is important to balance the need for efficient use of resources with the protection of citizens' rights and freedoms. These measures should only be carried out when there are reasonable bases to believe that they will result in significant evidence. In the following sections, we will discuss each investigative measure, highlighting its characteristics and emphasizing the importance of protecting individuals' rights during these procedures.
Key takeaways
During the preliminary investigation, investigative activities undertaken by the investigator can be carried out only when there are sufficient grounds to believe that as a result of these activities, evidence of essential importance for the case will be obtained.
Involvement of minors, disabled persons, and persons with mental or physical issues in investigations in Armenia
Statistics show that over 1 billion out of 8 billion people worldwide have disabilities, and the number of disabled people in Armenia is 6.2%. Considering this data, Armenian legislators are trying to remove all barriers affecting persons' dignified life. Since 2010, when Armenia ratified the UN Convention on the Rights of Persons with Disabilities, these issues have been addressed more intensively. This was carried out on the basis of which the RA Law "On the Rights of Persons with Disabilities", was adopted in 2021.
Generally, it is clear that not only persons with physical disabilities are considered disabled, but also those with long-term mental, intellectual, and sensory issues, whose full participation in public life may be limited by environmental barriers. Armenia has a humanitarian policy aimed at assisting, providing for, and protecting individuals with disabilities in the full and equal enjoyment of their rights and freedoms, including protecting their rights when participating in criminal proceedings.
The Armenian Government has placed great importance on ensuring the safety and well-being of not only individuals with disabilities but also minors. As such, a comprehensive policy has been established to safeguard their welfare. This rigorous approach reflects the Government's commitment to protecting the rights of all citizens and upholding their dignity and security. According to UNICEF, more than 1 million children are deprived of their liberty every year by law enforcement agencies' decisions, so it is necessary to develop methods to facilitate investigative measures with their participation. In particular, the following mechanisms are used to implement these measures with these groups in Armenia.
A qualified psychologist shall participate in the investigative measure in the manner prescribed by the Government, and the psychologist may suggest that the investigative measure be conducted under the conditions (location, duration, number of participants, etc.) best suited to the mental and physical characteristics of the individual
The investigator can develop and coordinate with the psychologist the questions that will be asked during the investigative measure so that they do not interfere with the person's inner world and ensure the effectiveness of the private interview.
Unlike adults, the criminal liability for refusing to testify or making false statements is not explained to a minor. Instead, only the duty to testify truthfully is explained since any other behavior could be perceived as unfavorable and hinder the ordinary course of the investigative measure.
To communicate with deaf or mute persons, an interpreter is also involved in the investigative measure.
If an investigative measure is carried out with the participation of a person with a mental health issue or severe illness, the written authorization of the competent physician shall be required, and the authorization may also include a condition that the investigative measure be carried out in a physician's presence.
Key takeaways
Taking into account the right of persons to a dignified life, the legislator in Armenia developed a special procedure for the implementation of investigative actions, which, among other things, ensures the participation of a psychologist or the permission of a doctor when involving certain groups of society in investigative actions.
How are interrogations carried out in Armenia?
According to recent research, interrogation methods have undergone significant advancements in the US, UK, and Norway, developing more effective and ethical approaches. These updated techniques have proven superior to outdated practices and represent a positive step forward in the interrogation field. Typically, four prevalent types of interrogation are widely used today. Among these, two have gained popularity in the first two decades of the 21st century due to their effectiveness and humane approach. Here are the different types of interrogation:
The use of interrogation along with physical and ethical pressure
Although this method was once widespread, it has since been prohibited by numerous international conventions (for example, the 1984 UN Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment). Apart from the fact that this method violates human dignity, it is also noteworthy that from the psychological point of view of interrogation, it is practically ineffective since, according to neurologists, coercion (stress factors) affects memory, thinking, and mood. As a result, the information provided not only does not correspond to reality but also becomes a false guide for further investigation of the crime (Shane O'Mara "The Neuroscience of Interrogation" or "Why Torture Doesn't Work").
Interrogation to obtain a confession
Interrogation to obtain a confession is based on manipulating the interrogator's perception of the event. Specific techniques employed during an interview may be designed to disorient the individual being questioned deliberately. Such methods can create a sense of emotional vulnerability and undermine self-assurance, potentially resulting in a coerced admission of guilt for an offense that was not committed. One of the most popular methods is the Reid technique, which works as follows: The investigator assures the interviewee that all the evidence is there that the interviewee committed a crime and that there is no point in making false statements when in fact, the investigator has no proof that on that person's guilt.
Information-Gathering Interrogation
During Information-Gathering Interrogation, the goal is not to obtain a confession but to get as much information as possible. In this case, the interrogation is not conducted from the perspective of actual events but based on the interviewee's perceptions. During the interrogation, the investigator views the interviewee as a collaborator rather than an opponent to be defeated, working together to solve the crime.
Strategic interrogation
Even though the investigator follows a specific scheme for obtaining confessions, the interrogation takes place without coercion and is similar to Information-Gathering Interrogation. The best known is Hans Scharff's technique, in which the interviewee is not asked specific questions. The investigator cultivates a welcoming and engaging atmosphere in which they feign complete comprehension of the subject matter and aim to rectify misconceptions.
Having dealt with the common forms of interrogation, let us now turn to the forms of interrogation in Armenia. Thus, Armenia has been a UN member state for over 30 years and is guided by a humanistic ideology. Therefore, it is forbidden to carry out any investigative measure, including interrogation, involving elements of physical or psychological violence and degradation of human dignity. In the context of Armenia, instances of such nature are exceedingly rare. However, interrogation may not only violate a person's natural rights (such as the right to physical and mental integrity, personal liberty, freedom from torture, and inhuman or degrading treatment), but it may also violate the rules of evidence that govern the interrogation procedure. On this basis, we will also discuss the rules that must be observed during interrogation in more detail.
At first glance, no complex legal actions occur during interrogation other than answering questions. However, the totality of these answers provides information about who is the perpetrator or the innocent. Taking all this into account, criminal investigation in Armenia is regulated in detail, in particular:
Location: the interrogation shall be conducted in investigative or other facilities; however, if persons fail to appear for a good cause (e.g. because they are hospitalized), the interrogation may be conducted at the interviewee's location.
Duration: a person may be interrogated for no more than 8 hours a day, and after 4 hours of continuous interrogation, a break of at least one hour shall be allowed for rest and food. Per legal guidelines, individuals under 18 with documented mental health conditions or severe medical conditions may be subject to questioning for six hours per day, with a mandatory break of at least two hours. This protocol ensures compliance with ethical standards and promotes the safety and welfare of all individuals involved in the questioning process.
List of participants: The interrogation may also be attended by the interviewee's attorney, authorized representative, defense counsel, legal representative, and psychologist. The latter may ask the interviewee questions only after the investigator has finished his questions.
Key takeaways
The procedure for carrying out all investigative operations in Armenia, including interrogation guarantees the preservation of the rights, legal interests and dignity of the person.
Conclusion
Although a person has the right to participate in investigative actions alone, the experience of our company has shown that it is desirable to involve a lawyer with professional qualifications. The role of the lawyer is essential because, in the course of investigative actions, evidence is often collected that may later be used against a particular person in other civil or administrative proceedings. A lawyer at least prevents the collection of such evidence or helps a participant in investigative actions to provide evidence that may later be used in his support rather than against him. It is conducting investigative activities with the assistance of a lawyer.
The possibility of violating the requirements outlined in the legislation of RA legislation is reduced to a minimum.
The lawyer does not ask questions during the interrogation that are prohibited by the RA legislation during interrogation.
The lawyer contributes as much as possible to ensure that the information provided will not be used against the person in the future, etc.