Guidance

Armenia: legal and prison systems

Updated 17 August 2023

Chapter 1: Key points

Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad. You can also request a paper copy from consular staff.

This information pack aims to give you, and your family and friends, information about the local system in Armenia and who can help. Consular staff can provide a printed copy to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British embassy, high commission or consulate (and must do so if you want them to)
• if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the local British embassy, high commission or consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the British embassy, high commission or consulate even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British government which requires a mandatory notification to be made.

Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British embassies, high commissions and consulates overseas.

Contact details for British Embassy Yerevan

Paul Morris Deputy Head of Mission / HM Consul Paul.Morris@fcdo.gov.uk Tel: +374 (095) 952302

Tatevik Simonyan, Pro-Consul Tatevik.Simonyan@fcdo.gov.uk Tel: +374 (095) 952322

Contact Information

British Embassy Yerevan
Vazgen Sargsyan 2
Kamar Business Centre, 8th floor
Yerevan
0010 Armenia

Website: www.gov.uk/government/world/organisations/british-embassy-yerevan

Use our contact form for consular enquiries: www.gov.uk/contact-consulate-yerevan

Opening hours: 09:00 to 17:00

Consular section opening hours: 09:30 to 12:30 (by appointment only)

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

In Armenia, notification by the authorities to the consulate normally takes place within 24 hours but it may be that we are not informed immediately. It is therefore essential that you request to contact the British Embassy as soon as possible after your arrest. We aim to visit you within 48 hours initially.

We can also:

• provide a list of local English-speaking lawyers and interpreters.
• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
• keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication
• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
• help to transfer money to you from your friends or family. In places where phone or postal services are not available we can also try to pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)
• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we cannot do

• get you out of prison or detention
• help you get special treatment because you are British
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs because you have been arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing.

If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in Armenia.

Legal assistance: lawyers

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local interpreters and a list of local English-speaking lawyers. You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance.

Consular assistance: fair treatment

We cannot get you out of prison or detention, or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British nationals detained overseas and their families.

Chapter 2: Detention conditions in Armenia

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

Once you have been arrested you will be taken to the relevant police station. You should be given the opportunity to contact the British Embassy. The police officers will confirm the charges against you. You can be held at the police station for up to 72 hours by law. After this time you will either be released or taken to one of the Criminal Executive Institutions near Yerevan, normally Nubarashen or Vartashen Prison.

Initial arrival at the prison

You will remain in your initial cell for up to seven days. You will receive a general medical check. If you are suffering from any injuries, you will be given medical help and if the injuries have been sustained whilst in custody, then they will be reported and an investigation will start. If necessary, you will be assessed by a psychologist. You will be given information about what you can and cannot do whilst in prison and whether you have the right to contact family and friends (for example if you have been arrested along with family members/friends you will not be able to have contact with them). A photo will be taken for identity purposes.

Prison: conditions and daily life

There are ten prisons in the Republic of Armenia:

• Nubarashen
• Vanadzor
• Vardashen
• Yerevan-Center
• Goris
• Artik
• Sevan
• Abovyan
• Armavir
• a hospital for prisoners

Prisons consist of security zones. Each facility consists of three detention zones. The types of security zones are high, medium and low Safety zones have strict and moderate conditions.

Armavir prison, for example, opened in 2015. There is a library, arts and craft room, gym area, games facilities. Prisoners can work in the kitchen or take part in general maintenance works. There is a room for prisoners to contact their relatives via video call, funded by Red Cross.

Both Nubarashen and Vartashen are located on the same road on the outskirts of Yerevan. The facilities are basic and some areas suffer from damp.

Goris prison is located four hours outside Yerevan. The building is over 200 years old, with high ceilings and archways.

Juvenile convicts serve their sentence in a separate jail, where special rehabilitation conditions are provided for them, aimed at ensuring normal physical, mental, and spiritual, moral and social development, while educating and protecting them from the negative influence of adult convicts.

Accommodation

Armavir prison has six units with four prisoners per cell. There are special sections for international prisoners. Outdoor spaces are available for prisoners to walk and be outside.

In Nubarashen there is a separate section which houses foreigners. In both Nubarashen and Vartashen there is strict segregation dependent on the crime. The cells are designed to hold up to 12 people but generally hold 8-10 people maximum. All cells have barred windows and bathroom facilities – WC and sink with hot and cold water. The shower facilities are located on the same floor and are usually available once a week. Most cells have a small fridge and a heating plate for warming food. Cells do not have TVs etc as standard however family members may be able to provide these if requested.

At Abovyan women’s prison there are differing facilities. The rooms hold varying numbers of beds; however, they are laid out in a dormitory style. There are no bunk beds. If you are expecting a child or have a young child, you can request a room to yourself. There are cooking and shower facilities.

The rooms in Goris prison have bunk beds, cooking facilities and private bathrooms.

Food and diet

In all prisons food is served three times a day. There is some provision for special diets. Family and friends are also able to bring in up to 70kg of food items per month but this needs to be pre-cooked or non-perishable. Any dietary requirements will be dependent on a doctor’s certificate.

Hygiene

All prisons of the Ministry of Justice of the Republic of Armenia are provided with communal bathrooms, with the exception of the Armavir prison where the cells are provided with individual bathrooms.

By law, you are allowed at least 15 minutes to shower.

Bathrooms and toilets in all prisons are in satisfactory condition, repair is carried out regularly according to the annual maintenance programme.

Toiletries for prisoners are provided at the expense of the state, but they can also purchase them at their own expense.

Work and study

In Nubarashen there is no opportunity to work for payment however if you are willing to work you can help with the domestic chores. You can receive books for personal study.

In Vardashen there is a library with a number of books in different languages. You are also able to receive books for personal study. Depending on the crime committed, you will be classed as an open or closed prisoner. If you are a “fully open” prisoner, then you will be able to work outside under agreement – you must return to the prison by 8pm, each day. If you are a closed prisoner then, also dependent on the crime, you may be able to work in the kitchen etc. You will be paid a monthly salary of up to AMD 50,000 (at time of writing, approximately £100).

In Abovyan there are numerous opportunities for work, depending on the crime committed. There is a small factory producing pasta and other areas which have facilities to produce art, carpets and clay products. There is a school where children under 16 can attend.

In Armavir there is an arts and craft room, a library, and an IT room where you can do long-distance learning courses. Prisoners can also work in the kitchen and help with cleaning and maintenance in each section of the prison.

In Goris there is a library where prisoners can request books or read at premises.

Religion

Priests of the Armenian Apostolic Church regularly make visits, you can arrange to meet them, if you want to.

Priests also perform baptisms, liturgies and other celebrations. You can also ask to see a representatives of another religious organisations that is registered in the Republic of Armenia.

Rules and regulations (including drugs)

Regarding discovery and/or use of drugs in prisons of the Republic of Armenia, it should be noted that during 2022, the average number of prisoners was 2258, and in and after the amendment of the RA Criminal Procedure Code from June 30, 2022, only 44 cases were discovered.

Tobacco cigarettes are available in all prisons and prisoners are able to smoke freely. The prison shops stock cigarettes. If you are caught with drugs then the substance will be confiscated and there will be an investigation. In Vardashen there are smoking and non-smoking sections of the prison cells.

Visits: friends and family

Who can visit and how to arrange visits

You should consult FCDO travel advice before you travel to Armenia for the latest information on safety and security, entry requirements and travel warnings.

Once you have been arrested you will be held at the police station for up to 72 hours. If you are male you will then be moved to one of the Criminal Executive Institutions near Yerevan or in some cases out of town, depending where the crime took place. Normally, you will be taken to either Nubarashen or Vartashen prisons. If you are female, you will be taken to Abovyan Women’s Prison.

You will be in quarantine for a maximum period of 7 days. After 7 days, at all establishments, family and friends can visit. If you have a SIM card, which may also be available for sale from some of the internet providers, you can call your relatives and arrange a time for them to visit you.

The number of visits you are allowed depends on the crime committed. For less serious crimes, immediate family can agree on visiting times. Visiting rules may change if there is a court decision to restrict visits only to your legal adviser and consular staff.

Normally pre-trial prisoners are allowed two visits per month in Armavir prison, and one visit per month in Vardashen. If you are convicted, dependent on the crime and the length of the sentence, spouses and children (where the relationship can be proven by marriage certificate or birth certificates) are able to stay in a family area in the prison for up to three days once every one or two months. Lawyers and consular staff can visit you as many times as necessary, and at any time of day.

What to expect when you visit

Visits take place in rooms intended for short-term and long-term meetings without glass between you and your visitors. Short-term visits are up to four hours, while long-term visits can take up to three days. Both short-term and long-term visits are arranged on week days from 10am to 5pm.

The number of visits is agreed for the entire year and varies, depending on your sentence. This means you can choose to have more visits over a short period of time or have them spaced out more evenly. Visits are scheduled in advance.

Visitors must bring identification with them. Short visits are supervised by prison staff.

During long-term visits, the Office of the Correctional Facility may carry out inspections to check on your conduct. These inspections should not violate your dignity or your right to rest and sleep.

What you can take on your visit

In all establishments visitors can bring bedding, clothes, books, food (apart from raw foods, such as meats). Non-recording electronic devices – such as DVD players, games consoles, microwaves must be agreed in advance with the prison. There is a list of items prohibited by law which will be provided by the prison, if any of these items are brought by visitors, they will be either confiscated or returned to the visitor. No glass jars or sharp items are allowed.

Visits: consular staff

During these routine visits you will have the opportunity to discuss any issues, such as health, security concerns, your treatment in prison and any other general issues you wish to raise. At each Consular visit our staff will complete a “Visit Report Form”. We will only disclose information to your next of kin with your permission.

You can write to us at any time on matters that concern you but if it is urgent it may be quicker to ask prison authorities to contact us on your behalf.

Emergency trips outside of prison

In the case of the death or life-threatening illness of a family member, short-term trips may be possible for up to seven days. Also, short-term trips are provided in case of a serious issue happening in your family. The seven days do not include travelling time. However, total travelling time (to and from the prison) should not be longer than two days.

Whether you are allowed to visit your family in the case of emergency depends on the Rehabilitation Assessment Committee and the head of a prison. Your behaviour, the crime and you sentence will be taken into account.

Prison: access to help and services

Receiving money

There are two ways you can receive financial assistance while in prison:

• private funds: deposited to you by your family or friends
• Prisoners Abroad: depending on where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day)

The UK government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. Please note that you cannot have cash sent to you in the post.

The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.

We cannot receive payment by credit or debit card, or by cash.

No cash is allowed to be handed to a prisoner. The account departments will open an account and family members and friends can transfer money into this account.

There is no limit on funds in Vardashen, Noubarashen or Goris, but there is 30,000 AMD per month limit in Armavir prison.

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and

some medical care if you are not receiving regular funding from other sources.

Medical and dental treatment

While you are detained, Armenia is responsible for ensuring your basic medical needs are met. Medical care providers in Armenia must provide emergency first aid to any person (including a foreign national), regardless of their ability to pay.

In Armenia, all prisons have medical centres and Vartashen has a small hospital on the premises. Dental treatment is available.

At Abovyan prison you can also pay for their personal doctor to attend.

If needed, you can be taken to general hospital for treatment under security supervision, kept until recovery is possible from within prison hospital wards.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also contact your GP in the UK, if the police or prison doctor requests previous medical records.

Letters and parcels

Mail can be sent and received. All mail will be x-rayed and opened if deemed necessary. Any prohibited items will be removed. Letters are not routinely opened and read and, if you want, you can mark them confidential.

Telephone calls

In Nubarashen there are restrictions on telephone calls, depending on the crime you have been convicted of or charged with. If you are allowed to make calls there will be a schedule which you will need to follow.

In Vartashen, Armavir and Abovyan family or friends must provide you with an opportunity to call and you are able to make calls of up to 15 minutes (depending on the call schedule). The prison prioritises contact with family and are willing to be flexible, where possible. In Goris, free calls are allowed, according to the schedule. All requests within reason are agreed.

Making a complaint about mistreatment

If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible take photos of your injuries.

According to the officials of all prisons you can write a complaint to anyone you wish. You can take it up with the prison authorities in the first instance if you wish or you can inform a lawyer or family member and request that they raise the issue. Abovyan prison will provide the stationary and pay for the postage. You can also raise the issue with the British Embassy in writing or during one of our consular visits.

Chapter 3: The Armenian judicial system

Overview

The Judiciary of Armenia interprets and applies the laws of Armenia. The judiciary exercises judicial power separately from the legislative power of Parliament and executive power of the Prime Minister. According to the Constitution, it is regulated by the Supreme Judicial Council of Armenia.

The Ministry of Justice of Armenia is a government agency which possesses executive authority and executes policies of the Government of Armenia in sectors that are closely associated with laws and regulations.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

Main rights of prisoners

The main rights of prisoners are defined in Article 13 of Armenian law. You have the right to:

• receive written and oral information in his native language or in another language that he/she understands about his rights and responsibilities, the procedures and conditions of arrest or detention, the procedures for submitting applications and complaints, as well as receiving information about his/her status, except for data that is confidential defined by law
• receive respectful attitude towards him/her by the administration of the detention centre
• be informed about applications and complaints regarding violation of rights, either personally or through a lawyer, defender or legal representative, to be able to address the administration of the detention centre, their superior bodies, the court, the prosecutor’s office, the human rights defender of the Republic of Armenia, state and local self-government bodies, public associations and parties, mass media, as well as international bodies or organisations for the protection of human rights
• receive health care, including adequate food, medical care, psychological, psychotherapeutic support, as well as being examined by a doctor of his choice at his own expense
• receive social security
• receive legal assistance
• be ensured of personal safety
• have a freedom of thought, conscience and religion, political or other views;
• have means of communication with the outside world
• have the right to rest, including outdoor walks or exercise and eight hours of night sleep, during which it is prohibited to involve him/her into judicial or other procedures, except for the cases provided for by the Code of Criminal Procedure
• called by his name or surname
• apply for a personal admission to the head of the detention centre or to the bodies exercising supervision and control over their activities
• possess documents and records related to criminal proceedings or the protection of his rights and legal interests, except for documents that contain state or other secrets protected by law
• participate in civil society activities

You also have a right to:

1. get an education, engage in creative work;
2. work
3. purchase food and essential items from the detention centre store or through the administration
4. receive and to send money
5. obtain an identification card

If your rights are violated, you can call the Armenian human rights defender or the ‘Hotline’ number 1-17 of the Ministry of the Republic of Armenia. You can also write applications, request admissions, and appeal the decisions made against them in a court of law.

All prisoners who enter the prisons of the Ministry of Internal Affairs of the Republic of Armenia are familiarised with their rights and responsibilities, as well as with the institution’s internal regulations, in a language they understand. There are Russian, Georgian, Persian and English copies of main rights and responsibilities of prisoners, which are posted in visible places.

The following penalties are applied to prisoners:

• a warning
• a reprimand
• the right to use telephone or video calls can be taken away for a period of up to one month
• the right to have visits can be taken away for a period of up to one month
• transfer to a punishment cell for a period of up to 15 days

The following incentives may be applied to a prisoner for good behaviour:

1. acknowledgement of the good behaviour
2. increasing the length of exercise period to three hours for a period of up to twenty days
3. withdrawal of previously imposed penalties
4. ending the sentence early