STATEMENT ON DISCRIMINATION-BASED VIOLATION OF HUMAN RIGHTS

On  28.09.2017, an incident took place  in the street of Kentron and Nork Marash administrative districts of Yerevan; a person driving his car stopped near Trans*  people and the woman sitting in the backseat of the car started filming the three Trans* people with her phone. The latter asked her to stop filming them but to no purpose. After that both sides started cursing at each other which resulted in a quarrel.

The investigator in charge of legal proceedings recognized the driver of the car and one of the women sitting in the backseat of the car as victims. Criminal case was initiated against the Trans* persons by Article 258, RA Criminal Code. All the three accused were imposed pre-trial detention as preventive punishment without any grounds.

The reproachful practice of groundless pre-trial detention continues to be applied in Armenia and people are deprived of liberty without any grounds. Detention is no longer imposed in the Republic of Armenia only as a measure of prevention of impeding the investigation of the case, as a mechanism of bringing to responsibility and justice the people trying to escape punishment and responsibility.

The people who were imposed detention as preventive punishment had not performed any action that would give grounds to think that they could display any kind of behavior requiring detention as preventive measures. In any case the body in charge of the legal proceedings did not provide any such arguments, therefore it can be concluded that pre-trial detention was imposed to these people on the grounds of their sexual orientation and gender identity.

New Generation Humanitarian NGO (NGNGO) calls on all state bodies to be impartial and refrain from any manifestation of discrimination including the person’s sexual orientation.

NGNGO has provided the Trans* people with lawyers to deal with the case. And a detailed study and monitoring of the issue is conducted by the NGNGO, on which a report will be presented and in case of necessity, the case will be taken to the European Court of Human Rights.