The data on criminal cases initiated by the prosecution represent cases included in the database of the Police Information Centre and those registered by the Military Police. All nine cases involved incitement to violence; one case of incitement to hatred reported in this category is not presented here as it falls outside of the OSCE definition of hate crime.
Data reported by police include 27 homicides, eight cases of damage to property, 21 cases of incitement to violence, and two cases of "Breach of citizens' legal equality", which may have been applied in hate crime cases. However, in most cases the information on bias motivation is unavailable.
On 1 July 2022, a new Criminal Code entered into force following its adoption by the Parliament of the Republic of Armenia on 5 May 2021. The new Criminal Code includes amended hate crime provisions, including extended lists of protected characteristics under both the general penalty enhancement provision (Aggravating circumstances for liability and punishment under the new Article 71) and the specific penalty enhancement provisions for a number of substantive offences.
In 2021, Armenia signed two memoranda of understanding (MoU) to build the capacity of police and prosecutors to investigate and prosecute hate crimes. An MoU on ODIHR’s Training Against Hate Crimes for Law Enforcement (TAHCLE) programme was concluded between the Police of the Republic of Armenia and ODIHR. An MoU on ODIHR’s Prosecutors And Hate Crimes Training (PAHCT) programme was concluded between the Academy of Justice, the Office of the Prosecutor General, and the Investigative Committee of the Republic of Armenia. On 1-3 December 2021, a PAHCT training of trainers was co-organized and held by the Academy of Justice and ODIHR. Plans to introduce cascaded training events led by ten certified PAHCT trainers were developed for implementation in 2022 and beyond.
The Council of Europe's Parliamentary Assembly published relevant recommendations in its "Alleged violations of the rights of LGBTI people in the Southern Caucasus".
ODIHR recognizes Armenia's efforts to build the capacities of police, investigators and prosecutors to respond to hate crimes, namely through ODIHR's TAHCLE and PAHCT training programmes. ODIHR also recognizes Armenia's efforts to adopt a more progressive hate crime legislation. However, based on the available information, it observes that law enforcement agencies have not recorded the bias motivations of hate crimes. In addition, ODIHR observes that Armenia would benefit from strengthening collaboration with and facilitating the work of civil society on hate crimes, including on victim support.
ODIHR recalls that in Ministerial Council Decision 9/09, OSCE participating States committed to promptly investigating hate crimes and ensuring that the motives of those convicted of hate crimes are acknowledged. To that end, the law enforcement agencies must first record the bias motivation of hate crimes. In Ministerial Council Decisions 9/09 and 13/06, OSCE participating States committed to taking a proactive and inclusive approach towards civil society, which plays a key role in addressing hate crimes comprehensively, and reaching out to and providing assistance to hate crime victims and targeted communities. ODIHR stands ready to support Armenia in meeting these commitments through its comprehensive resources and tailored assistance in the area of hate crime recording and data collection, as well as further resources and assistance addressing effective co-operation between state authorities and civil society on hate crime.