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In which cases the Police can restrict human rights and freedoms?

Tatul Petrosyan
Head of legal department of RA Police

- Human rights and freedoms are enshrined in the RA Constitution. Article 3 of the Constitution states that the human being, his/her dignity and the fundamental human rights and freedoms are an ultimate value. The state shall ensure the protection of fundamental human and civil rights in conformity with the principles and norms of the international law. At the same time Article 16 clearly states in which cases a person can be deprived of or restricted in his/her liberty.

Rights and freedoms are restricted more severe based on the criminal procedure, administrative and legal principles and cases assigned by the legislation. For example, the rights and freedoms of an individual can be restricted when being a suspect or defendant, also at a time a person commit such an administrative violation when he/she could be arrested and summoned.

Restriction of individual rights and freedoms can be done in accordance with criminal procedure law, when an individual can be arrested as a suspect or in one case arrested or restricted in rights based on precautionary measure in the suspect’s status.

According to Articles 128,129 of Criminal Procedure Code if a person is suspected in a crime, he/she can be arrested and kept not more than 72 hours. It is of key importance that a person before being arrested can be summoned and kept not more than 3 hours, and these 3 hours are included in 72 of apprehension, after which a person should be released unless the court  select custody as a measure of restraint.

I would like to point out the restriction of rights and especially freedoms in administrative offence cases accordant to Administrative Offences Code. According to the Code Articles 260, 261, 262 cases of arresting and keeping under custody for administrative offences. A person cannot be kept more than 3 hours; however the legislation provides an emergency case when the time is counted from the moment of bringing to the police department if a person is drunk, but after sobriety.