More Detainees than Convicts: Pretrial Detention in Armenia Still functions as Punishment

By Zaruhi Hovhannisyan, human rights defender

In Armenia, pretrial detention remains one of the most frequently applied measures in the criminal justice system. Despite repeated calls from rights groups to curb its excessive and disproportionate use, courts continue to rely on detention as a routine tool—often against those engaged in political activity.

Official figures illustrate the scale of the problem: in 2024, Armenian prisons held 2,686 people, of whom only 1,285 were convicts serving sentences. The majority—1,401—were detainees awaiting trial. This pattern has remained consistent over recent years:

2024 – total 2,686; convicts 1,285; detainees 1,401
2023 – total 2,469; convicts 1,152; detainees 1,317
2022 – total 2,265; convicts 1,055; detainees 1,210

Thus, in Armenia, those not convicted of a crime consistently outnumber those serving sentences. This is alarming, particularly given that Armenia’s 2021 Code of Criminal Procedure introduced a framework for a wide range of alternatives to detention: house arrest, bail, suspension from office, restrictions on leaving the country, supervision by guarantors, and others. The purpose was to minimize restrictions on liberty while ensuring defendants’ compliance with the law.

Yet courts rarely apply these alternatives. Instead, detention is treated as the default. Judges often approve prosecutors’ motions mechanically, without individual assessment or reasoning, reinforcing the perception that detention is used as a tool of pressure rather than necessity.

The European Court of Human Rights (ECHR) has repeatedly condemned Armenia for violations of Article 5 of the European Convention on Human Rights—the right to liberty and security. Even in cases where the state cited risk of flight, Strasbourg has ruled that Armenian courts failed to provide adequate safeguards against arbitrariness.

Notably, in Pashinyan v. Armenia (2022), the ECHR found that opposition leader (and current prime minister) Nikol Pashinyan’s detention in 2009–2010 was unlawful and violated his rights. Between 2018 and 2022 alone, Armenia was found in violation in 19 separate rulings related to pretrial detention, including Ghavalayan v. Armenia, Smbat Ayvazyan v. Armenia, Voskerchyan v. Armenia, Shirkhanyan v. Armenia, and others. In each case, the court concluded that Armenian judges had imposed detention unlawfully, failing to justify its necessity.

The systemic flaws are clear: overuse of detention, absence of individualized assessment, weak judicial oversight, and underutilization of alternatives. Unless these practices change, Armenia will continue to face condemnation from the ECHR for unlawful detentions.

Ultimately, the persistence of this practice undermines both human rights and public trust in justice. Pretrial detention must not be punishment in disguise—it must be a last resort.

Read the article in Armenian: Ավելի շատ կալանավոր, քան դատապարտյալ․ Հայաստանում կալանքը շարունակում է գործել որպես պատիժ