Armenia

Detains migrants or asylum seekers?

Yes

Has laws regulating migration-related detention?

Yes

Refugees

34,757

2023

Asylum Applications

628

2023

International Migrants

190,349

2020

Population

2,800,000

2023

Overview

Armenia does not have dedicated immigration detention facilities, but migrants and asylum seekers can be held in temporary detention centers run by the Migration Service while their cases are processed.

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

Related Reading

Armenia: Covid-19 and Detention

Since there start of Russia’s war in Ukraine, Armenia has experienced an increase in the numbers of people seeking asylum in the country, most of whom are from Ukraine.The country’s migration service reported that from January to March 2022, they had received applications for asylum from 13 countries, including Ukraine, Iran, Iraq, Cuba, Lebanon, and […]

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Migration Service Building in Armenia (Migration Service Armenia,

Armenia: Covid-19 and Detention

On 15 July, the GDP received a response to our Covid-19 survey concerning Armenia from a representative of an international organisation who wished to remain anonymous. The official reported that the Armenian government had not established a moratorium on new immigration detention orders and was not considering one. The official indicated that Armenia does not […]

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Police Officer Standing Next to a Health Worker Taking a Person's Temperature, (Bloomberg,
Last updated:

DETENTION STATISTICS

Migration Detainee Entries
Not Available
2019

DETAINEE DATA

Total Number of Children Placed in Immigration Detention (Year)
0
2017

DETENTION CAPACITY

ALTERNATIVES TO DETENTION

ADDITIONAL ENFORCEMENT DATA

PRISON DATA

Criminal Prison Population (Year)
4,873
2016
4,771
2013
Percentage of Foreign Prisoners (Year)
3.2
2015
2.6
2013
Prison Population Rate (per 100,000 of National Population)
162
2016
160
2013

POPULATION DATA

Population (Year)
2,800,000
2023
3,000,000
2020
3,018,000
2015
International Migrants (Year)
190,349
2020
190,159
2019
191,200
2015
International Migrants as Percentage of Population (Year)
6.42
2020
6.3
2015
Refugees (Year)
34,757
2023
34,634
2022
34,728
2021
107,910
2020
17,980
2019
17,970
2018
17,972
2017
17,873
2016
19,319
2015
17,640
2014
Ratio of Refugees Per 1000 Inhabitants (Year)
5.91
2016
5.87
2014
Asylum Applications (Year)
628
2023
580
2022
181
2021
136
2020
254
2019
127
2016
59
2014
Refugee Recognition Rate (Year)
100
2014
Stateless Persons (Year)
531
2023
672
2022
878
2021
672
2020
848
2018
773
2017
512
2016
238
2015

SOCIO-ECONOMIC DATA & POLLS

Gross Domestic Product per Capita (in USD)
3,873
2014
Remittances to the Country (in USD)
2,159
2014
Unemployment Rate
2014
Net Official Development Assistance (ODA) (in Millions USD)
265.3
2014
Human Development Index Ranking (UNDP)
85 (High)
2015

LEGAL & REGULATORY FRAMEWORK

Does the Country Detain People for Migration, Asylum, or Citizenship Reasons?
Yes
2023
Yes
2020
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
Yes
2023
Yes
2006
Detention-Related Legislation
Law on Foreigners as Amended in June 2019 (2006) 2019
2006
Law No. HO-211-N of 2008 on Refugees and Asylum (2015) (2008) 2015
2008
Do Migration Detainees Have Constitutional Guarantees?
Yes (Constitution of Armenia) 1995 2015
1995 2023
Additional Legislation
Criminal Code of the Republic of Armenia (2021) 2022
2021
Bilateral/Multilateral Readmission Agreements
Bulgaria (2009)
2017
Czech Republic (2011)
2017
Denmark (2004)
2017
Germany (2008)
2017
Norway (2010)
2017
Lithuania (2004)
2017
Sweden (2009)
2017
Switzerland (2005)
2017
Belarus (2001)
2017
Russian Federation (2011)
2017
Ukraine (1997)
2017
EU (2014)
2017
Legal Tradition(s)
Civil law
2017

GROUNDS FOR DETENTION

Immigration-Status-Related Grounds
Detention for unauthorised entry or stay
2023
Detention to effect removal
2023
Detention during the asylum process
2023
Criminal Penalties for Immigration-Related Violations
Yes (Yes)
2023
Grounds for Criminal Immigration-Related Incarceration / Maximum Length of Incarceration
Unauthorized entry (1095)
2023
Has the Country Decriminalised Immigration-Related Violations?
Yes
2023
Children & Other Vulnerable Groups
Unaccompanied minors (Prohibited)
2023
Accompanied minors No
2015

LENGTH OF DETENTION

Maximum Length of Administrative Immigration Detention
Number of Days: 90
2023
Maximum Length of Incarceration for Immigration-Related Criminal Conviction
Number of Days: 1095
2023

DETENTION INSTITUTIONS

Types of Detention Facilities Used in Practice
2015
2015

PROCEDURAL STANDARDS & SAFEGUARDS

Procedural Standards
Information to detainees (Yes)
2023
Right to legal counsel (Yes)
2023
Access to consular assistance (Yes)
2023
Access to asylum procedures (Yes)
2023
Right to appeal the lawfulness of detention (Yes)
2023
Independent review of detention (Yes)
2023
Access to free interpretation services (Yes)
2023

COSTS & OUTSOURCING

COVID-19 DATA

TRANSPARENCY

MONITORING

NATIONAL HUMAN RIGHTS MONITORING BODIES

NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)

NON-GOVERNMENTAL ORGANISATIONS (NGOs)

GOVERNMENTAL MONITORING BODIES

INTERNATIONAL DETENTION MONITORING

INTERNATIONAL TREATIES & TREATY BODIES

International Treaties Ratified
Ratification Year
Observation Date
VCCR, Vienna Convention on Consular Relations
1993
2017
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1993
2017
ICESCR, International Covenant on Economic, Social and Cultural Rights
1993
2017
ICCPR, International Covenant on Civil and Political Rights
1993
2017
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1993
2017
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1993
2017
CRC, Convention on the Rights of the Child
1993
2017
CRPD, Convention on the Rights of Persons with Disabilities
2010
2017
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance
2011
2017
CRSR, Geneva Convention Relating to the Status of Refugees
1993
2017
CRSSP, Convention Relating to the Status of Stateless Persons
1994
2017
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2003
2017
OPCAT, Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2006
2006
Ratio of relevant international treaties ratified
Ratio: 13/19
Individual Complaints Procedures
Acceptance Year
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance, declaration under article 31 2011
2011
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966 1993
1993
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999 2006
2006
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966 1993
1993
Ratio of Complaints Procedures Accepted
Observation Date
4/8
2017
Relevant Recommendations or Observations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee on the Rights of the Child § 44. "The Committee notes that since 28 February 2019 there are no asylum-seeking, refugee or migrant children in regional processing countries but remains seriously concerned that: (a)The State party “is not intending to establish an independent guardianship entity for unaccompanied children” (CRC/C/AUS/Q/5-6/Add.1, para. 59) even though the Minister for Home Affairs is also responsible for granting immigration visas and approvals; (b)The Migration Act still prescribes mandatory detention for persons, including children, involved in irregular migration and that the State party “is not currently considering prohibiting the detention of children in all circumstances” (CRC/C/AUS/Q/5-6/Add.1, para. 60); (c)The amended Migration Act and the amended Maritime Powers Act of 2013 allow for the return of vessels carrying children who may be in need of international assistance; (d)The policy of utilizing regional processing countries and detaining children has not been revoked; (e)The best interests of the child are not a primary consideration in asylum, refugee and migration processes, leading to children going through lengthy assessment and determination procedures, and that the 286 children transferred from Nauru and the many thousands of children before them (the “legacy caseload”) “will not be settled in Australia and are encouraged to engage in third-country migration options” (CRC/C/AUS/Q/5-6/Add.1, para. 62), leaving them in limbo for an undetermined period of time; 45. The Committee refers to its general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin and to joint general comments No. 3 and No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families / No. 22 and No. 23 (2017) of the Committee on the Rights of the Child on the human rights of children in the context of international migration and recalls its previous recommendations on asylum-seeking and refugee children (CRC/C/AUS/CO/4, para. 81). The Committee urges the State party immediately: (a) To amend the Immigration (Guardianship of Children) Act of 1946 (Commonwealth of Australia) to create an independent position of guardian for children; (b) To amend the Migration Act (Commonwealth of Australia) to prohibit the detention of asylum-seeking, refugee and migrant children; (c) To amend the Migration Act and the Maritime Powers Act to ensure respect for the State party ’ s non-refoulement obligations, particularly in the course of maritime interceptions and returns; (d) To enact legislation prohibiting the detention of children and their families in regional processing countries; (e) To ensure that the best interests of the child are a primary consideration in all decisions and agreements related to the relocation of asylum-seeking, refugee and migrant children within Australia or to other countries; (f) To ensure that children who have been detained in regional processing countries have access to adequate child protection, education and health services, including mental health services; (g) To review migration laws and policies with a view to withdrawing disability as a criterion for rejecting immigration requests; (h) To implement durable solutions, including financial and other support, for all refugee and migrant children to ensure their early rehabilitation, reintegration and sustainable resettlement; (i) To introduce adequate mechanisms for monitoring the well-being of children involved in asylum, refugee and migration processes. (f)There is limited information on access to protection, education and health services, including mental health services, for all these children; (g)Migration laws and policies still allow disability to be the basis for rejecting an immigration request; (h)Inadequate mechanisms for monitoring the well-being of children involved in asylum, refugee and migration processes exist." 2019
2019
2019
Committee against Torture 42. The State party should: (a) Ensure that the exemption from criminal responsibility for irregular border crossing for refugees and asylum seekers is strictly enforced in practice and refrain from detaining refugees and asylum seekers on this ground; (b) Establish a legal basis for regularizing the stay of individuals who are eligible to benefit from protection against refoulement under international human rights law but do not fall under the definition of refugee contained in the Law on Refugees and Asylum; (c) Develop and implement a comprehensive mechanism to ensure the rights of persons in penitentiary institutions who may be in need of international protection to access asylum procedures, and address, as a matter of priority, the substandard conditions of detention. 2017
2017
2017
Committee against Torture The State party should continue to take effective measures to improve conditions in places of detention and to reduce overcrowding in such places. The Committee recommends that the State party increase its efforts to remedy prison overcrowding, including through the application of alternative measures to imprisonment in line with the United Nations Standard Minimum Rules for Non-custodial Measures ( the Tokyo Rules) and to provide the Committee with information on any probation service to be established in charge of alternative punishment, conditional release and rehabilitation. The State party should take necessary measures to eliminate any form of violence or discrimination against detainees based on sexual orientation or nationality, including all abusive and discriminatory actions taken by prison inmates against other detainees. It should establish a confidential system for receiving and processing complaints regarding torture or ill-treatment and ensure that the system is established in all places of deprivation of liberty. The State party should further ensure that all complaints received are promptly, impartially and effectively investigated, and the perpetrators punished with appropriate penalties. 2012
2012
2012
Committee on the Rights of the Child § 81. "The Committee urges the State party to bring its immigration and asylum laws into full conformity with the Convention and other relevant international standards. In doing so, the State party is urged to take into account the Committee’s general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin. Furthermore, the Committee reiterates its previous recommendations ( CRC/C/15/Add.268, para 64). In addition to that, the Committee urges the State party to: (a) Reconsider its policy of detaining children who are asylum-seeking, refugees and/or irregular migrants; and, ensure that if immigration detention is imposed, it is subject to time limits and judicial review; (b) Ensure that its migration and asylum legislation and procedures have the best interests of the child as the primary consideration in all immigration and asylum processes; and ensure that determinations of the best interests are consistently conducted by professionals who have been adequately trained on best - interests determination procedures; (c) Expeditiously establish an independent guardianship/support institution for unaccompanied immigrant children;" 2012
2012
2012

> UN Special Procedures

> UN Universal Periodic Review

Relevant Recommendations or Observations from the UN Universal Periodic Review
Observation Date
No 2010
2017
No 2015
2017
Yes 2020

> Global Compact for Migration (GCM)

GCM Resolution Endorsement
Observation Date
2018

> Global Compact on Refugees (GCR)

GCR Resolution Endorsement
Observation Date
2018

REGIONAL HUMAN RIGHTS MECHANISMS

Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
ECHRP7, Protocol 7 to the European Convention on Human Rights (amended by protocol 11) 2002
2002
2017
ECHRP12, Protocol 12 to the European Convention on Human Rights 2004
2004
2017
ECPT, European Convention for the Prevention of Torture and Inhuman or Degrading Treatment of Punishment 2002
2002
2017
CATHB, Convention on Action against Trafficking in Human Beings 2008
2008
2017
ECHR, Convention for the Protection of Human Rights and Fundamental Freedoms (commonly known as the European Convention on Human Rights 2002
2002
2017
ECHRP1, Protocol 1 to the European Convention on Human Rights (amended by protocol 11) 2002
2002
2017

HEALTH CARE PROVISION

HEALTH IMPACTS

COVID-19

Country Updates
Since there start of Russia’s war in Ukraine, Armenia has experienced an increase in the numbers of people seeking asylum in the country, most of whom are from Ukraine.The country’s migration service reported that from January to March 2022, they had received applications for asylum from 13 countries, including Ukraine, Iran, Iraq, Cuba, Lebanon, and Syria. Over the past ten years, Armenia has granted refugee status to over 1,500 asylum seekers, with an average of 220 per year in the past five years. According to UNHCR 2021 mid-year data, there were 3,401 refugees, 127 asylum seekers, 42,023 people in refugee-like situations and 892 stateless people in the country. This data includes people displaced as a result of the Nagorno-Karabakh conflict. According to the country’s 2006 Law on Foreigners, there are several grounds under which non-citizens may be detained. Article 37 provides that non-citizens may be detained when “it is impossible to return a foreigner to the State of origin or to the State where he or she came from, foreigners who have arrived at a crossing point of the state border of the Republic of Armenia without a passport, with an invalid passport, or who have been refused an entry visa at a crossing point of the state border of the Republic of Armenia, or who have not obtained an entry authorisation from the body carrying out border control, may be detained in a transit area or in another place - in a special facility provided for that purpose.” Non-citizens may be detained for up to 90 days; if the return of a non-citizen to their country of origin is not possible within 90 days, the relevant public administration can issue a temporary permit to the non-citizen for a term not exceeding one year. Detained non-citizens are supposed to be provided with important protections procedural safeguards, including: being provided the reasons for their arrest and detention in a language they understand or with the help of a translator; having the right to appeal against any court decision regarding their cases; receiving medical assistance; and having access to legal and consular assistance (Article 39). Armenia has ratified several relevant human rights treaties including the Convention Against Torture, the Convention on the Rights of the Child, and the Convention on the Elimination of All Forms of Racial Discrimination. In its concluding observations published in 2017, the Committee Against Torture said that the State party should: “(a) Ensure that the exemption from criminal responsibility for irregular border crossing for refugees and asylum seekers is strictly enforced in practice and refrain from detaining refugees and asylum seekers on this ground; (b) Establish a legal basis for regularising the stay of individuals who are eligible to benefit from protection against refoulement under international human rights law but do not fall under the definition of refugee contained in the Law on Refugees and Asylum; (c) Develop and implement a comprehensive mechanism to ensure the rights of persons in penitentiary institutions who may be in need of international protection to access asylum procedures, and address, as a matter of priority, the substandard conditions of detention.” While the processing of asylum applications of individuals in detention was suspended at the start of the COVID-19 pandemic, the processing of other cases continued. UNHCR praised the country’s migration service in adjusting asylum procedures and the creation of an online registration system. The country began its vaccination campaign against COVID-19 in April 2021 starting with people aged 65 and above. While the International Organisation for Migration has reported that “all foreign citizens including stateless persons, regardless of the period of stay in Armenia are eligible for vaccination against coronavirus”, it is unclear whether other groups such as undocumented migrants are included in the national vaccination plan.
On 15 July, the GDP received a response to our Covid-19 survey concerning Armenia from a representative of an international organisation who wished to remain anonymous. The official reported that the Armenian government had not established a moratorium on new immigration detention orders and was not considering one. The official indicated that Armenia does not operate an established immigration detention centre. The source explained that detainees in prisons are tested if it is suspected that they may have contracted Covid-19. Nonetheless, detainees are not routinely tested. In a separate communication with the GDP, Mission Armenia, a local NGO, reported that people who enter the country in violation of border regulations “are transferred to common places of detention functioning within the country.” The country’s criminal code provides that individuals found crossing the state’s border without relevant documents or permits can be punished with imprisonment. However, this does not apply to people who enter the country seeking asylum. Asylum seekers are supposed to be accommodated in reception centres while they undergo refugee status determination procedures, where they receive food, hygiene items, and are not subjected to movement restrictions. The anonymous source confirmed these details and added that many asylum seekers also apply for support with accommodation to the Migration Service or UNHCR partner NGO’s engaged in the provision of social assistance, or take care of accommodation by themselves. Mission Armenia nonetheless points out that as there sometimes are insufficient places available in reception centres, the NGO accommodates asylum seekers as well as non-nationals in deportation procedures. The anonymous official said that currently, the Armenian government is developing a State Migration Management Strategy to regulate issues related to immigration detention, including building a dedicated immigration detention centre. The Armenian Ombudsman, however, has called on authorities to use “alternatives to detention,” echoing calls made by the Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment on 20 March. As regards deportations, the source reported that they were not aware of any deportation cases among persons of concern since the declaration of the state of emergency by the Armenian government on 16 March 2020. On that date, the government declared a 30-day nationwide state of emergency. This was then prolonged four times and is now declared to be in place until 13 August. The state of emergency imposed movement restrictions, including travel to and from Armenia, particularly for non-citizens. At the same time, a non-citizen or stateless person can apply for asylum in Armenia during this period. However, upon entering the country s/he may undergo certain medical examinations and/or be placed in quarantine for 14 days. The Armenian Migration Service has created an online platform to submit asylum applications.
Did the country release immigration detainees as a result of the pandemic?
Unknown
2022
Did the country use legal "alternatives to detention" as part of pandemic detention releases?
Unknown
2022
Did the country Temporarily Cease or Restrict Issuing Detention Orders?
No
2020
Did the Country Adopt These Pandemic-Related Measures for People in Immigration Detention?
Yes (Unknown) Unknown Unknown Unknown
2022
Did the Country Lock-Down Previously "Open" Reception Facilities, Shelters, Refugee Camps, or Other Forms of Accommodation for Migrant Workers or Other Non-Citizens?
Unknown
2022
Were cases of COVID-19 reported in immigration detention facilities or any other places used for immigration detention purposes?
Unknown
2022
Did the Country Cease or Restrict Deportations/Removals During any Period After the Onset of the Pandemic?
Yes
2020
Did the Country Release People from Criminal Prisons During the Pandemic?
Unknown
2022
Did Officials Blame Migrants, Asylum Seekers, or Refugees for the Spread of COVID-19?
Unknown
2022
Did the Country Restrict Access to Asylum Procedures?
Yes but restrictons ended
2020
Did the Country Commence a National Vaccination Campaign?
Yes
2021
Were Populations of Concern Included/Excluded From the National Vaccination Campaign?
Unknown (Unknown) Unknown Unknown Included
2022