‘The consequence of torture cannot be forgiveness’: Aram Orbelyan

There are a number of rights that are regarded as being of higher importance in terms of protection. One of these is the right not to be tortured, which is considered an absolute value from the perspective of a modern state today. This was stated by lawyer Aram Orbelyan during a public educational marathon titled ‘Absolute Prohibition of Torture and Advocacy’ on July 13.

According to him, if we have a stable state, then the exclusion of torture is one of the criteria for that state. He noted that another one of those rights is judicial protection. ‘In fact, these two rights can be considered under the light of higher protection than many other rights,’ said Orbelyan.

He emphasized that the prohibition of torture is absolute; it is one of the few rights that cannot be limited under any circumstances, and there can be no regression from the point of view of international law, the Constitution of Armenia, and European standards. ‘Torture is explicitly prohibited in all possible forms. When we say that torture is prohibited and is not permitted, that is very important, but it is also crucial that the state does not only refrain from torturing or write in some part of the law that torture is prohibited and considers it has fulfilled its obligations. The European Court of Human Rights has stated in its practice that merely writing it down is not enough. Our Constitution also states that this is not sufficient; there must be procedures for the realization of fundamental rights,’ the lawyer stated.

He stressed that if torture has taken place, it must have consequences; it cannot happen that torture occurs and its consequence is forgiveness, which disrupts the very essence of justice. ‘It is very important for the state to apply relevant mechanisms,’ Aram Orbelyan stated.