Legal issues and gaps in penitentiary legislation and practice in Republic of Armenia concerning prisoner's and detained person's contact with the outside world

Abstract

This research paper aims to identify the gaps and loopholes in legislative regulations and ways to improve them which in practice will lead to unrestricted communication of persons deprived of their liberty with the outside world in accordance to international standards. Respect to private and family life is a fundamental right of each individual in a democratic society, which should be ensured by a developed state, regardless of age, sex, race, nationality, creed or status of a person and other criteria. Respect to private and family life is subject to a full protection. Private and family life is enshrined in Article 31 (1) of the Constitution, according to which everyone has his/her private and family life, the right to inviolability of the dignity and reputation. The right to private and family life has been enshrined in a number of international legal documents as well. Thus, in accordance with Article 8 of the European Convention on Human Rights, para. 1, Everyone has the right to respect for his private and family life, his home and his correspondence. The right to private and family life of persons deprived of liberty in any way implies the state's positive obligation to take the necessary measures, which are aimed at the realization of the rights of persons deprived of their liberty. We believe that respect for the right to private and family life of the person sentenced to imprisonment is a serious guarantee for re-socialization.