No Amnesty May Apply to Individuals Who Committed Torture: New Draft Legislation

The Ministry of Justice of the Republic of Armenia has introduced a draft legislation for public discussion on the e-draft legal act publication platform, proposing to prohibit the release from criminal liability or punishment due to the expiration of statutes of limitations for individuals who have committed torture or exhibited inhumane treatment. The draft also aims to prevent the application of amnesty and the suspension of punishment.

As reported by Armenpress, under current legislation, statutes of limitations apply to the crime of torture.

"Addressing the issue of amnesty and the impunity of torture, it is essential to emphasize that the National Assembly of Armenia adopted the Law on Amnesty on March 7, 2018, which clearly stated in Article 7, Part 4, that no amnesty is granted to individuals convicted of crimes against peace and humanity or for torture under the Criminal Code of the Republic of Armenia. Current Armenian legislation does not establish such an exception for amnesty, nor does it provide for any restrictions related to the non-application of punishment," the draft notes.

Overall, it is accepted in international law that the application of statutes of limitations is inadmissible not only for the crime of torture but also for certain particularly serious crimes.

The need to strengthen legislative foundations preventing the release of individuals who have committed torture from criminal liability or punishment due to the expiration of statutes of limitations, the application of amnesty for those individuals, and other equivalent measures leading to the impunity of such acts stems from Armenia's international obligations, aiming to ensure the complete implementation of regulations established by ratified international treaties at the national level.

"Under the proposed legislative amendments, full compliance will be ensured between Armenia's international obligations and the legal regulations set forth in domestic legislation. At the same time, the effectiveness of investigating cases of torture and combating impunity will increase, and the criminal policy pursued by the state against the use of violence by officials will be placed on new qualitative grounds," the draft states.