It has been revealed how Armenian oligarch Ruben Vardanyan, who was sentenced to 20 years of imprisonment for crimes against peace and humanity, war crimes, as well as terrorism and financing of terrorism under the Criminal Code of the Republic of Azerbaijan, will serve his sentence.
He will serve the first 10 years of his sentence in prison, and the remaining part in a strict regime correctional facility.
It is interesting, what is the reason for dividing the sentence into two parts? What are the differences between a prison and a strict regime correctional facility?
In a statement to Modern.az, the head of the Constitutional Research Foundation, Alimammad Nuriyev, clarified the issue, stating that just as the phased execution of sentences exists in Azerbaijani legislation, similar models are also present in many countries around the world:
"First of all, I would like to emphasize that the process concerning Ruben Vardanyan reached a logical conclusion, and justice was served in accordance with the principle of the rule of law. This person committed grave crimes against the Azerbaijani people and Azerbaijan. All these circumstances are reflected in the court's current verdict. There is sufficient evidence that he committed such acts. Regarding Ruben Vardanyan serving the first 10 years of his sentence in prison and the remaining part in a strict regime correctional facility, this is a model consistent with the Code on Execution of Sentences of the Republic of Azerbaijan.
Regarding the phased execution of sentences, a similar model exists in many countries around the world. This decision determines not only the duration of the sentence but also the conditions and regime under which it will be executed. According to Azerbaijani legislation, deprivation of liberty is carried out in various institutions and regimes."
A. Nuriyev also provided information about the characteristics of imprisonment in a prison and a strict regime correctional facility:
"A prison-type institution is considered one of the strictest forms of detention. In this regime, convicts are mainly kept in cells. Their contact with other convicts, movement opportunities, and rights to receive visits and parcels are more restricted. The level of control is maintained at a high level. Such a regime is usually applied to convicts who have committed particularly grave crimes or are considered highly dangerous. The verdict announced for Ruben Vardanyan also established his involvement in particularly grave crimes such as committing war crimes against humanity and financing terrorism.
A strict regime correctional facility, on the other hand, is considered a colony-type settlement. However, a high-security regime is still maintained. In such colony-type institutions, convicts are usually housed in dormitory buildings. Certain labor activities are organized for them. Also, the internal movement opportunities for convicts serving sentences here are free. In short, the social connections of convicts within the institution's territory here are relatively broader compared to a prison. Both the number of phone calls and the number of long-term visits are more extensive for convicts here. Nevertheless, a strict regime still means tight control, limited freedom, and strict internal rules."
Our interviewee emphasized that the execution of the sentence in two stages stems from the principle of individualization of punishment in penal or penitentiary law:
"According to this principle, the court, taking into account the public impact level of the crime committed by the convict and other circumstances, may provide for stricter isolation in the initial stage and apply an adaptive model of control in the subsequent stage. I reiterate that this is also one of the mechanisms accepted in international penitentiary standards. Similar mechanisms exist all over the world. This decision legally indicates the severe nature of the verdict. Because serving a certain part of the sentence specifically in prison indicates that the convict was considered highly dangerous in the initial period and that a maximum security regime was deemed necessary. Indeed, this is clearly visible in Ruben Vardanyan's actions, and generally, all his activities have been like that. This has, in any case, been proven with sufficient evidence during both the investigation and the judicial inquiry. At the same time, even when he interacted with the outside world, we do not see him regretting the actions he committed.
Ruben Vardanyan was one of the individuals who directly contributed to the further strengthening of enmity between two peoples and, at the same time, participated in the maintenance of armed forces. In any case, this was reflected throughout the entire judicial inquiry. In this regard, such a severe sentence against him is understandable. At the same time, legislation also allows for a change of regime during the execution of the sentence. If the convict's behavior is positively assessed, there are no disciplinary violations, and the security level decreases, it is possible to apply a lighter regime and other legal mechanisms.
However, this is not automatic; it can only be carried out based on procedures defined by law. Especially for grave crimes, one must serve three-quarters of their sentence. After that, the court can review this matter. Such a verdict means that the person must be kept in maximum security prison conditions. The prison regime itself entails this. Subsequently, the remaining part of the sentence is served in a strict regime colony-type correctional facility. This is considered one of the strictest execution models in the Azerbaijani penitentiary system."
