'Rights during investigation - legal assistance' in document 'Armenia - Law on Treatment of Arrestees and Detainees'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 2. LEGAL STATUS AND RIGHTS OF ARRESTEES AND DETAINEES, AND GUARANTEES OF PROTECTION OF THESE RIGHTS

Article 13. Rights of Arrestees and Detainees

3) to complain about violations of his/her rights and freedoms, both personally and through his/her attorney or legal representative to the administration of the places of arrest or detention, to their superiors, to the court, to the prosecutor’s office, to central and local government bodies, public organizations and parties, the media, as well as to international bodies or organizations involved in protection of human rights and freedoms;

CHAPTER 2. LEGAL STATUS AND RIGHTS OF ARRESTEES AND DETAINEES, AND GUARANTEES OF PROTECTION OF THESE RIGHTS

Article 13. Rights of Arrestees and Detainees

6) to receive legal assistance;

CHAPTER 3. PECULIARITIES OF THE RIGHTS OF ARRESTEES AND DETAINEES

Article 15. Meetings with Attorney, Close Relatives and Other Persons

From the moment the criminal prosecution body’s decision about arrest, the arrest warrant or a decision on choosing detention as preventive punishment are announced, arrestees and detainees shall receive private and hindrance-free meetings with their attorney; the duration and the number of meetings shall not be limited; they shall also have meetings with their legal representative upon permission of the body conducting the criminal proceedings. Meetings with a lawyer acting as attorney in the case shall be permitted upon presentation of an ID and document issued by the Bar confirming that the bearer is in fact an attorney at law.

Meetings of arrestees and detainees with their attorneys shall be held in a place where employees of the places of arrest and detention can see, but cannot hear them.

Meetings of arrestees and detainees with close relatives, and in case of detainees – also meetings with representatives of the mass media and other persons, shall be permitted by a decision of the head of the place of arrest and detention.

In the interests of investigation, meetings of arrestees or detainees with close relatives, representatives of the mass media or other persons may be forbidden by a decision of the body conducting the criminal proceedings; this body must notify in writing the administration of places of arrest or detention of this decision.

Meetings with close relatives, representatives of the mass media or other persons shall be held under the surveillance of employees of places of arrest or detention. Any attempt by these persons to hand over to arrestees or detainees any forbidden articles, any materials hindering the investigation of the criminal case or helping to commit a new crime, imparting or attempting to impart information may lead to premature termination of the meeting.

Arrestees shall receive at least one meeting of up to an hour with close relatives.

Detainees shall receive at least two meetings of up to three hours in a month with close relatives, representatives of the mass media or other persons at least two meetings per month with up to three hours duration.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it